§ 6-819. Modified risk reduction standard
West's Annotated Code of MarylandEnvironmentEffective: July 1, 2022
Effective: July 1, 2022
MD Code, Environment, § 6-819
§ 6-819. Modified risk reduction standard
(a) The modified risk reduction standard shall consist of performing the following:
(b)(1) A tenant of an affected property may notify the owner of the affected property of a defect in the affected property under this section in accordance with this subsection.
(i) If the modified risk reduction standard has not been satisfied for the affected property, the presence of chipping, peeling, or flaking paint on the interior or exterior surfaces of the affected property or of a structural defect causing chipping, peeling, or flaking paint in the affected property; or
(c)(1) After February 23, 1996, an owner of an affected property shall satisfy the modified risk reduction standard:
2. Has an elevated blood lead level documented by a test for elevated blood lead level greater than or equal to the reference level defined in § 6-801(q) of this title on or after July 1, 2020, and an environmental investigation conducted under § 6-305 of this title has concluded that there is a defect at the affected property; or
(2)(i) An owner who receives multiple notices of an elevated blood lead level under this subsection or multiple notices of defect under subsection (d) of this section may satisfy all such notices by subsequent compliance with the risk reduction measures specified in subsection (a) of this section, as documented by satisfaction of subsection (f) or (g) of this section, if the owner complies with the risk reduction measures specified in subsection (a) of this section after the date of the test documenting the elevated blood lead level or after the date the notices of defect were issued.
(d) After May 23, 1997, an owner of an affected property shall satisfy the modified risk reduction standard within 30 days after receipt of written notice from the tenant, or from any other source, of a defect.
(e) An owner of an affected property is in compliance with subsection (c) or (d) of this section if, as applicable:
(2) The owner provides for the temporary relocation of tenants to a lead-free dwelling unit or another dwelling unit that has satisfied the risk reduction standard in accordance with § 6-815 of this subtitle within 30 days after the receipt of a notice of elevated blood lead level or a notice of defect.
Satisfaction of modified risk reduction standard for 100% of owner’s affected properties in which person at risk does not reside
(f) Except as provided in § 6-817(b) of this subtitle and except for properties constructed between January 1, 1950, and December 31, 1977, both inclusive, on and after February 24, 2006, an owner of affected properties shall ensure that 100% of the owner's affected properties in which a person at risk does not reside have satisfied the modified risk reduction standard.
(g) An owner of an affected property shall verify satisfaction of the modified risk reduction standard by submitting a report from an accredited inspector to the Department.
(h) Notice given under this section shall be written, and shall be sent by:
(i) The Department may, by regulation, eliminate any treatment from the modified risk reduction standard if the Department finds that performing the treatment in an occupied property is harmful to public health.
(j)(1) Exterior work required to satisfy the modified risk reduction standard may be delayed, pursuant to a waiver approved by the appropriate person under paragraph (2) of this subsection, during any time period in which exterior work is not required to be performed under an applicable local housing code or, if no such time period is specified, during the period from November 1 through April 1, inclusive.
(k) The report of the inspector verifying compliance with this subtitle shall create a rebuttable presumption, that may be overcome by clear and convincing evidence, that the owner is in compliance with the modified risk reduction standard for the affected property unless there is:
Credits
Added by Acts 1994, c. 114, § 1, eff. Oct. 1, 1994. Amended by Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 1997, c. 616, § 1, eff. June 1, 1997; Acts 2001, c. 707, § 1, eff. Oct. 1, 2001; Acts 2005, c. 278, § 1, eff. Oct. 1, 2005; Acts 2006, c. 44, § 6, eff. April 8, 2006; Acts 2011, c. 610, § 1, eff. Jan. 1, 2012; Acts 2012, c. 66, § 1, eff. April 10, 2012; Acts 2012, c. 387, § 1, eff. June 1, 2012; Acts 2019, c. 8, § 1, eff. March 27, 2019; Acts 2019, c. 341, § 1, eff. Oct. 1, 2019; Acts 2022, c. 86, § 1, eff. July 1, 2022.
MD Code, Environment, § 6-819, MD ENVIR § 6-819
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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