PROFESSIONAL PROPERTY SERVICES, LTD. has two Lead Paint Inspectors on its staff who are Trained and Accredited by the State of Maryland to perform dust wipe and visual inspections on affected rental properties. We also have two Trained and Accredited Lead Paint Supervisors who are experienced in working on Lead properties for units that we manage.
FACTS ABOUT MARYLAND’S “LEAD LAW” FOR RESIDENTIAL RENTAL PROPERTIES:
Effective January 1, 2015, all residential rental properties constructed prior to 1978 must comply with Maryland’s Lead Risk Reduction in Housing Act. This replaces Maryland’s requirement to register properties built before 1950. Title 6, Subtitle 8, of the Environment Article, Annotated Code of Maryland was enacted to reduce the incidence of lead poisoning while maintaining affordable rental housing. The Maryland Department of the Environment (MDE) was given the authority to enforce the provisions of the Act. Currently, compliance is mandatory for all rental dwelling units built prior to 1978. There are significant fines imposed by MDE for failure to Register and Comply with this law. Compliance requires the following:
- REGISTRATION WITH MDE: Owner must register all rental dwelling units within 30 days of acquisition and renew on or before December 31 each year. The fee for registration is $30 per year, per unit.
- DISTRIBUTION OF TENANT EDUCATIONAL INFORMATION: All tenants must be provided with the “Notice of Tenants Rights,” and “Protect Your Family from Lead in Your Home” brochures, and a copy of the current inspection certificate upon inception of tenancy and every 2 years thereafter.
- MEET THE RISK REDUCTION STANDARD: All rental properties subject to the Act are required to be lead inspected by a MDE accredited lead paint inspector upon the occurrence of certain triggering events. The Lead Inspector will issue a Lead Paint Risk Reduction Certificate and all supporting documentation, summarizing the findings of their inspection. The Accredited lead paint inspector will submit a copy to MDE and provide two copies to the owner. The owner should keep one copy for their records and give one to their tenant.
- MEET FULL RISK REDUCTION STANDARD AT EACH CHANGE OF OCCUPANCY IN A UNIT: All properties subject to the Act are required to pass an inspection for lead contaminated dust, performed by an MDE accredited inspection contractor, prior to every change in occupancy. In order to pass the inspection, the property must be free of defective paint on the interior and exterior of the property. The cost for this service can range from $200 to $500 depending on the property.
- MEET THE MODIFIED RISK REDUCTION STANDARD UPON NOTICE: Within 30 days of being notified in writing of either paint defects in a property or that a child under 6 year of age or a pregnant woman has a blood lead elevation of 5 micrograms per deciliter or more the owner is required to:
- Provide for the permanent relocation of all tenants to a property that is certified lead free or in compliance with the full risk reduction standard; or
- Temporarily relocate all tenants while all necessary work is performed and obtain a passing modified risk reduction certificate prior to the tenants moving back into the property.
- USE TRAINED WORKERS, ACCREDITED SUPERVISORS AND CONTRACTORS. All work performed to meet a risk reduction standard must be performed by persons/companies who have been trained and/or accredited by MDE.
- PROPERTY MAY BE EXEMPT FROM THE ACT IF: The property has been lead paint tested by a MDE accredited inspector and has issued a “Lead Free” or “Limited Lead Free” certificate. Any report submitted to MDE certifying a unit as “Lead Free” or “Limited Lead Free” shall include a processing fee of $10 per unit.
Compliance with this law not only protects your tenants, but also protects you, the owner, from possible liability.
REQUIRED TREATMENTS FOR MODIFIED RISK REDUCTION STANDARD SHALL CONSIST OF PERFORMING THE FOLLOWING:
- Passing the test for lead-contaminated dust.
- Performing the following lead hazard reduction treatments:
- A visual review of all exterior and interior painted surfaces;
- The removal of repainting of chipping, peeling, or flaking paint on exterior and interior painted surfaces;
- The repair of any structural defect that is causing the paint to chip, peel or flake, that the owner of the affected property has knowledge of or, with the exercise of reasonable care, should have knowledge of;
- Repainting, replacing, or encapsulating all interior lead-based paint or untested painted windowsills with vinyl, metal or any other material in a manner and under conditions approved by the Department;
- Ensuring that caps of vinyl, aluminum, or any other material in a manner and under conditions approved by the Department, are installed in all window wells where lead-based paint or untested paint exists in order to make the window wells smooth and cleanable;
- Except for a treated or replacement window that is free of lead-based paint on its friction surfaces, fixing the top sash, subject to federal, State, or local fire code standards, of all windows in place in order to eliminate the friction caused by the movement of the top sash;
- Rehanging all doors in order to prevent the rubbing together of a lead-painted surface with another surface;
- Ensuring that all kitchen and bathroom floors are overlaid with a smooth, water-resistant covering; and
HEPA-vacuuming and washing with high phosphate detergent or its equivalent, as determined by the Department, any area of the affected property where repairs were made.
For more information, visit MDE website at www.mde.state.md.us/lead
Or call them directly at 410-537-4199 or 800-776-2706