Paula T. MontgomeryDivision Chief

Maryland Department of the EnvironmentLead Compliance and Accreditation Division

MARYLAND’S LEAD PAINT

LAWS

Reduction of Lead Risk in Housing Act

Title 6, Subtitle 8 of the Environment Article

PRESUMPTIONS

• All paint in a pre-1950 property is presumed to be lead based paint.

WHO MUST COMPLY

Mandatory for all pre-1950 residential rental units.

Reduction of Lead Risk in Housing Act

• Registration

• Educational Materials

• Lead Risk Reduction

Title 6, Subtitle 8 of the Environment Article

TRIGGERS FOR RISK REDUCTION

• Change in Occupancy since 1996

• 100% by February 24, 2006

• Notice of Elevated Blood Lead Level

• Notice of Defect

§ § 6-815, 6-816, 6-817, 6-819

Local Housing Code Officials may approve a waiver of exterior work required to meet a risk reduction

standard during the period from November 1 to April 1, or for a longer period if permitted by the local

housing code.

Winter Waivers

Newest Changes To The Lead Law

House Bill 1033

HOUSE BILL 1033Effective January 1, 2012

Full Risk Reduction Standard is now:

• No Chipping, peeling, flaking paint

• Passing dust tests

• No more treatments for full risk reduction, dust testing only.

§ 6-815

HOUSE BILL 1033Effective January 1, 2012

Modified Risk Reduction Standard is now:

• Passing dust tests

• 9 lead hazard reduction treatments

• Supervisor’s Statement of work to verify the treatments were performed

§ 6-819(a)

Modified Risk Reduction Standards

No more tenant verification of work

§ 6-819(g) (effective January 1, 2012)

HOUSE BILL 1033

• May be made either by satisfying Modified Risk Reduction in 30 days; OR

• Temporarily relocating tenants to a lead free or full risk reduction certified house within 30 days.

HOUSE BILL 1033

§ 6-819(e) (effective January 1, 2012)

Owner Compliance after Notice of Defect or Notice of Elevated Blood Lead Level:

HOUSE BILL 1033In addition to its authority to issue penalties in an Administrative Complaint, MDE may also obtain penalties by filing suit in civil court (Circuit Court), with penalties up to $500 per day, per violation. No cap on penalties.

§ 6-850 (effective January 1, 2012)

HOUSE BILL 1033Department to conduct a study evaluating processes that reduce lead poisoning in affected and non-affected properties, to include rentals built from 1950-1978 and owner occupied properties.

• Workgroup of various members, including from state legislature, state agencies, Coalition to End Childhood Lead Poisoning, Maryland Association of Realtors, Maryland Property Owners Association, etc.

• Will study current lead poisoning data relevant to affected and non-affected properties

• Potential for expanding applicability of the law• MDE will report study to the General Assembly no later

than December 31, 2011.

NEW MDE CERTIFICATES COMING

• Revised categories for full and modified risk reductions

• Inspectors MUST use this new form, CANNOT use the old form

Effective January 1, 2012:

MDE Rental Registration

ONLINE

COMING SOON

Go Live date for online Registration and Renewal.

11/14/2011

SUMMARY OF ONLINE TRANSATIONS

• New Property Registration

• Add or remove Units to existing properties

• Renew properties

• Pay online

• Immediate processing and receipt of transaction.

ADVANTAGES

• Save time and money.

• No fees or postage.

• Immediate transaction.

• Immediate receipt of proof of registration or renewal.

• Various payment methods (Visa, Master Card, and Checks)

REGISTRATION PAGE

MARYLAND COURT OF APPEALS DECISION

October 24, 2011

Jackson

v.

The Dackman

Company, et al

Under Jackson v. The Dackman Company, et al.

• The limited liability section of the lead law is INVALID under Article 19 of the Maryland Declaration of Rights

• Court stated that qualified offers are not adequate remedy for those injured

• Rest of the law still stands, owners must still comply with registration, risk reduction and educational requirements

NO MORE LIMITED LIABILITY OR QUALIFIED OFFERS!

MARYLAND DEPARTMENT OF THE ENVIRONMENT CHILDHOOD BLOOD LEAD SURVEILLANCE

BALTIMORE CITY 1993-2010

28.126.4 26.4

27.9

22.2

9.5 9.4

4.6 3.5 2.5 1.8 1.6

33.9

16.7

4.86.26.4

12.1

0

5

10

15

20

25

30

35

40

1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

(12,908 9,168 10,258 7,816 5,983 3,949 2,902 2,189 2,027 1,558 1,166 1,183 854 843 624 468 347 314)

(38,030 32,620 38,794 29,630 21,423 17,753 17,414 18,033 21,231 16,595 18,242 18,970 17,943 18,363 17,670 18,622 19,043 19,702)

CALENDAR YEAR(Number of Children with BLL>=10mcg/dl)

(Number of Children Tested)

%C

HIL

DR

EN

TE

ST

ED

, B

LO

OD

LE

AD

>=

10M

CG

/DL

MARYLAND DEPARTMENT OF THE ENVIRONMENT CHILDHOOD BLOOD LEAD SURVEILLANCE

STATEWIDE 1993-2010

19.818

16.5

11.6

8.7

6.34.6 3.7 2.9 2.2 1.7 1.3 1.2 0.8 0.7 0.5 0.5

23.9

0

5

10

15

20

25

30

1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

(14,546 10,377 11,585 9,884 7,763 5,068 3,904 3,402 2,841 2,297 1,719 1,811 1,331 1,274 892 713 553 531)

(60,912 52,391 64,394 59,746 67,118 58,585 61,529 75,516 76,742 79,507 76,721 105,549 99,148 102,974 105,708 106,452 107,416 114,829)

CALENDAR YEAR(Number of Children with BLL>=10mcg/dl)

(Number of Children Tested)

%C

HIL

DR

EN

TE

ST

ED

, B

LO

OD

LE

AD

>=

10M

CG

/DL