Md. Code Regs. 13A.17.05.05 - Lead-Safe Environment
A. A
facility operator may not use paint with lead content on any:
(1) Exterior or interior surface of the
facility; or
(2) Material or
equipment used for child care purposes.
B. If the child care facility is a pre-1978
residential rental property, which is an affected property as defined by the
Environment Article, §
6-801(b),
Annotated Code of Maryland, the operator shall submit a copy of the current
lead risk reduction or lead free certificate.
C. If the facility was constructed before
1978 and not certified lead free pursuant to Environment Article, §
6-804(a)(2)(i),
Annotated Code of Maryland, the operator shall:
(1) Ensure there is no chipping, peeling,
flaking, chalking, or deteriorated paint on any surface of an interior or
exterior area of the facility that is used for child care;
(2) If deterioration of a surface in an area
used for child care is noted, or if renovation of the premises occurs that
disturbs a painted surface, arrange to have a lead dust test:
(a) Conducted by an accredited visual
inspector pursuant to COMAR
26.16.02.03BB to
meet the risk reduction standard, if the facility is an affected property;
or
(b) Conducted in areas used for
child care by an accredited risk assessor pursuant to COMAR
26.16.05.11B, if
the facility is not an affected property; and
(3) If a lead dust test is required pursuant
to §C(2) of this regulation, obtain:
(a)
A passing score on that test; and
(b) Verification from the lead inspector
performing the test that the requirements of §C(2) and (3)(a) of this
regulation have been met.
D. In a facility constructed before 1978 and
not certified lead free pursuant to Environment Article, §
6-804(a)(2)(i),
Annotated Code of Maryland, when performing renovation which disturbs the
painted surface of an interior or exterior area used for child care or exterior
areas the operator shall ensure that the work is performed by an individual
accredited to perform the lead paint abatement services using safe work
practices as required by Environment Article, Title 6, Subtitle 10, Annotated
Code of Maryland, and corresponding regulations.
Notes
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