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§ 6-804. Exemptions from provisions of Part IV

West's Annotated Code of MarylandEnvironmentEffective: April 14, 2015

West's Annotated Code of Maryland
Environment
Title 6. Toxic, Carcinogenic, and Flammable Substances (Refs & Annos)
Subtitle 8. Reduction of Lead Risk in Housing (Refs & Annos)
Part I. Definitions; General Provisions (Refs & Annos)
Effective: April 14, 2015
MD Code, Environment, § 6-804
§ 6-804. Exemptions from provisions of Part IV
Inspection report
(a) Affected property is exempt from the provisions of Part IV of this subtitle if the owner submits to the Department an inspection report that:
(1) Indicates that the affected property has been tested for the presence of lead-based paint in accordance with standards and procedures established by the Department by regulation;
(2) States that:
(i) All interior and exterior surfaces of the affected property are lead-free; or
(ii) 1. All interior surfaces of the affected property are lead-free and all exterior painted surfaces of the affected property that were chipping, peeling, or flaking have been restored with nonlead-based paint; and
2. No exterior painted surfaces of the affected property are chipping, peeling, or flaking; and
(3) Is verified by the Department accredited inspector who performed the test.
Continuing certification
(b) In order to maintain exemption from the provisions of Part IV of this subtitle under subsection (a)(2)(ii) of this section, the owner shall submit to the Department every 2 years a certification, by a Department accredited inspector, stating that no exterior painted surface of the affected property is chipping, peeling, or flaking.
Outside surfaces of affected property
(c) Outside surfaces of an affected property, including windows, doors, trim, fences, porches, and other buildings or structures that are part of the affected property, are exempt from the risk reduction standards under §§ 6-815 and 6-819 of this subtitle if all exterior surfaces of an affected property are lead-free and the owner submits to the Department an inspection report that:
(1) Indicates that the outside surfaces have been tested for the presence of lead-based paint in accordance with standards and procedures established by the Department by regulation;
(2) States that all outside surfaces of the affected property are lead-free; and
(3) Is verified by the Department accredited inspector who performed the test.

Credits

Added by Acts 1994, c. 114, § 1, eff. Oct. 1, 1994. Amended by Acts 1996, c. 176, § 1, eff. June 1, 1996; Acts 1998, c. 507, § 1, eff. Oct. 1, 1998; Acts 2004, c. 540, § 2, eff. Oct. 1, 2004; Acts 2005, c. 278, § 1, eff. Oct. 1, 2005; Acts 2006, c. 528, § 1, eff. Oct. 1, 2006; Acts 2015, c. 22, § 1, eff. April 14, 2015.
MD Code, Environment, § 6-804, MD ENVIR § 6-804
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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