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MARYLAND’S LEAD PAINT LAWS Christopher S. Corzine Assistant Attorney General Office of the Attorney General at Maryland Department of the Environment
Reduction of Lead Risk in Housing Act Maryland’s lead law is designed to prevent lead poisoning while maintaining safe affordable housing Title 6, Subtitle 8 of the Environment Article
PRESUMPTIONS • All paint in a pre-1950 property is presumed to be lead based paint. • A noncompliant owner failed to exercise reasonable care.
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
REGISTRATION • Register each unit and provide compliance information • Renew registration annually • $15 per unit annual registration fee § § 6-811, 6-812
THIRD PARTY INSPECTION CERTIFICATES • Lead Free • Limited Lead Free • Full Risk Reduction • Modified Risk Reduction • Lead Safe
RISK REDUCTION • Full removal is NOT required • Cost of full removal can exceed value of property, resulting in no work completed • All paint must be intact • Dust test or treatments • Independent inspection & certification
Change in Occupancy since 1996 50 % by February 24, 2001 100% by February 24, 2006 Notice of Elevated Blood Lead Level Notice of Defect TRIGGERS FOR RISK REDUCTION §§ 6-815, 6-816, 6-817, 6-819
Winter Waivers 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.
DISTRIBUTION OF EDUCATIONAL MATERIALS • Information Distribution • Tenant’s Rights Package • EPA – Protect Your FamilyFrom Lead in Your Home • Certificate of Compliance • Requirements for Distribution • Inception of Tenancy • Every 2 Years of Tenancy § 6-820
ACCREDITATION • Contractors, Supervisors, Inspectors, Risk Assessors and Trainers must be accredited • Workers must be trained • Must use safe work practices, which are similar to federal standards § 6-1002 COMAR 26.16.01
Typical Violations • Individuals & companies working without accreditation or training • Supervisors or workers performing abatement activities in an unsafe manner • Violation to hire unaccredited persons or related inspectors
PENALTIES • Up to $20 per day for failure to register • Up to $500 per day, per violation for failure to perform risk reduction • Up to $25,000 per violation for failure to be accredited or follow safe work practices • Maximum Penalty of $100,000 per administrative action (No cap on Civil Court Actions) § § 6-849, 6-850, & 7-266
Newest Changes To The Lead Law House Bill 1033
HOUSE BILL 1033 Full Risk Reduction Standard is now: • No Chipping, peeling, flaking paint • Passing dust tests • No more visual inspections for full risk reduction, dust testing only. § 6-815 (effective January 1, 2012)
HOUSE BILL 1033 Modified Risk Reduction Standard is now: • Passing dust tests • 9 lead hazard reduction treatments steps • Supervisor’s Statement of work to verify the treatments were performed § 6-819(a) (effective January 1, 2012)
HOUSE BILL 1033 Modified Risk Reduction Standards No more tenant verification of work § 6-819(g) (effective January 1, 2012)
HOUSE BILL 1033 Owner Compliance after Notice of Defect or Notice of Elevated Blood Lead Level: • 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. § 6-819(e) (effective January 1, 2012)
HOUSE BILL 1033 In 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 1033 Department 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:
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)
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!