Maryland Lead Paint Legal Requirements
Maryland Regulations & Federal EPA Standards
Md. Code Regs. 26.16.02.03, 26.16.02.04, 26.16.05.06, 26.16.05.08, 26.16.05.09 & 26.16.05.10
40 CFR § 745.227 - EPA Work Practice Standards
Certificate to Verify Satisfaction of the Risk Reduction Standard
Certification of Lead-Safe Housing
Lead-Based Paint Inspections Technical Procedures
Visual Inspections for Environment Article Compliance
Dust Wipe Inspections for Environment Article Compliance
Clearance Inspections for Abatement Projects
Complete Maryland legal framework governing lead paint inspections, dust testing, visual inspections, and certification requirements for rental properties.
This is an educational resource. Smart Home Inspects does not offer lead paint inspections. Confirm current requirements with the Maryland Department of the Environment and use properly accredited professionals.
Property Preparation Checklist for Landlords
Essential steps property managers must complete before lead paint inspections to ensure compliance and successful certification.
Interior Painted Surfaces
- All interior painted surfaces must be intact with no peeling, chipping, or flaking paint
- Repair any deteriorated paint on walls, ceilings, doors, and window frames
- Clean all surfaces to remove dust and debris before inspection
- Ensure all window sills and wells are clean and paint is intact
Exterior Painted Surfaces
- Inspect and repair all exterior painted surfaces including siding, trim, and doors
- Address any peeling or deteriorating paint on porches, railings, and steps
- Clean exterior surfaces of debris, dirt, and loose paint chips
- Verify painted surfaces around windows and entry points are intact
Common Areas & Accessibility
- Ensure all common areas are accessible and well-lit for inspection
- Remove personal belongings and furniture that may obstruct painted surfaces
- Provide clear access to all rooms, closets, and storage areas
- Make utility areas and basement accessible if they contain painted surfaces
Documentation & Preparation
- Gather property construction date documentation (if built before 1978)
- Provide records of any previous lead inspections or abatement work
- Compile tenant occupancy information and any child residents under age 6
- Prepare property layout information and room identification
Important: Properties built before 1978 are presumed to contain lead-based paint unless proven otherwise through inspection.
State Regulation Summary
This page provides a comprehensive overview of Maryland Code of Regulations 26.16.02.03, which establishes requirements for certifying compliance with lead risk reduction standards in rental properties and child care facilities.
Note: This is a summary for educational purposes. Always refer to the current official Maryland regulations for complete legal requirements.
EPA Federal Work Practice Standards (40 CFR § 745.227)
Federal EPA regulations establish the foundation for all lead-based paint activities in target housing and child-occupied facilities, effective March 1, 2000.
EPA Inspection Standards
- Must be conducted by EPA-certified inspector or risk assessor
- Each component with distinct painting history shall be tested
- Components replaced after 1978 or determined lead-free may be excluded
- Paint analysis using documented methodologies with quality control procedures
- XRF devices require serial number documentation and quality control data
Lead Hazard Screen Requirements
- Must be conducted by EPA-certified risk assessor only
- Background information on physical characteristics and occupant use patterns
- Visual inspection to determine deteriorated paint and locate dust sampling locations
- Two composite dust samples: one from floors, one from windows
- Additional common area sampling for multi-family and child-occupied facilities
Risk Assessment Procedures
- Conducted by EPA-certified risk assessor with comprehensive visual inspection
- Test friction/impact surfaces and other surfaces with visibly deteriorated paint
- Dust samples from interior window sills and floors in living areas
- Soil samples from exterior play areas, yard areas, and dripline/foundation areas
- Background information on occupant use patterns for children under age 6
Abatement Supervision and Notification
- Must be conducted by EPA-certified individual with certified supervisor required
- Supervisor onsite during work site preparation and post-abatement cleanup
- Supervisor available by phone/pager within 2 hours when not onsite
- EPA notification required at least 5 business days before abatement activities
- Certified firm ensures compliance with all Federal, State, and local requirements
Maryland State Regulatory Requirements
Property Owner Responsibilities
- Verify compliance with the risk reduction standard by inspection for lead-contaminated dust
- Ensure any chipping, peeling, or flaking paint has been removed or repainted on exterior and interior surfaces
- Obtain visual inspection to verify compliance with required lead hazard reduction treatments
- Maintain records of all contractors, supervisors, and workers involved in lead hazard reduction
Inspection for Lead-Contaminated Dust
- Must be performed by accredited lead paint visual inspector or lead paint risk assessor
- Dust samples collected during inspection by accredited inspector
- Laboratory analysis of dust samples must meet specified levels in regulations
- Certificate of satisfactory lead dust inspection issued following analysis
- 24-hour advance notice to Department required before dust test
Visual Inspection Requirements
- Conducted by accredited lead paint visual inspector or lead paint risk assessor
- Visual inspection of all interior and exterior surfaces of dwelling unit
- Establishes performance of all applicable lead hazard reduction treatments
- Requires statement from accredited supervisor overseeing treatments
- Certificate of compliance issued based on visual inspection results
Dust Sampling Procedures
- Select locations that best characterize potential for lead exposure
- Rooms without windows: minimum one floor sample
- Rooms with non-lead-free windows: minimum two samples (window well + sill/floor)
- Rooms with lead-free replacement windows: minimum one sample (sill or floor)
- Re-test available after HEPA vacuum and detergent wash if property fails
Clearance Inspections for Abatement Projects (Md. Code Regs. 26.16.05.10)
Maryland requires clearance inspections following lead abatement projects to verify successful completion and ensure dust levels meet safety standards before reoccupancy.
Post-Abatement Clearance Inspection Authority
- Must be performed by Department-accredited lead paint visual inspector, inspector technician, or risk assessor
- Required following lead abatement projects performed per COMAR 26.02.07
- Determines if lead content in dust is less than levels stated in COMAR 26.16.02.02B
- Clearance inspection ensures abatement project effectiveness and safety
Dust Sample Collection Requirements
- Dust samples collected from each interior room where lead abatement was performed
- Must use all dust sample collection procedures specified in Regulation .09
- Samples required from floor, window sill, and window well in each room
- Rooms without windows require only one floor sample collection
Required Sample Locations Per Room
- At least one sample from the floor in every abated room
- At least one sample from a window sill in rooms with windows
- At least one sample from a window well in rooms with windows
- Rooms containing no windows in abatement area: floor sample only
Compliance with Dust Sample Standards
- All clearance samples must meet dust levels per COMAR 26.16.02.02B
- Must follow all procedures from Regulation .09 (Dust Wipe Inspections)
- Department-accredited personnel required for all clearance inspections
- Clearance inspection verifies successful completion of abatement work
Dust Wipe Inspections for Environment Article Compliance (Md. Code Regs. 26.16.05.09)
Maryland specifies detailed dust wipe inspection procedures with strict tool requirements, field blank protocols, and chain of custody procedures for laboratory analysis.
Dust Wipe Inspection Authority and Visual Review
- Must be conducted by State-accredited visual inspector or risk assessor
- Risk reduction certificates based on dust sampling require visual review
- Visual review must verify no chipping, peeling, or flaking paint on interior/exterior surfaces
- Compliance with COMAR 26.16.02.03 required for all inspections
Required Dust Sample Collection Tools
- Template or method for marking measured areas on floors, sills, and wells
- Wipes meeting requirements of Regulation .06C(5)(b)
- Non-sterilized non-powdered latex or disposable gloves
- Non-sterilized 50 milliliter polyethylene centrifuge tubes with caps
- Dust sample collection forms, masking tape, and trash bags
Field Blank Sample Requirements
- Field blanks collected per ASTM Standard E1728 at 5% per day minimum
- Minimum one blank sample for every 20 samples collected
- Beginning field blank: wipe hands, discard wipe, insert second wipe in tube
- Ending field blank collected at conclusion of sampling
- Unique identifier labeling per laboratory specifications required
Laboratory and Chain of Custody Requirements
- All samples submitted to NLLAP approved laboratory for analysis
- Field sample number entered on sampling form, lab submittal form, and container
- Chain of custody form required with laboratory name and date sent
- Names of all personnel handling samples from collection to lab arrival
- Template must be thoroughly cleaned between each use with approved wipes
Visual Inspections for Environment Article Compliance (Md. Code Regs. 26.16.05.08)
Maryland requires detailed visual inspections to verify compliance with modified risk reduction requirements, including specific treatments for windows, doors, floors, and surfaces.
Visual Inspection Authority and Documentation
- Must be conducted by State-accredited visual inspector or risk assessor
- MDE 330 form required for modified risk reduction certificates of compliance
- Supervisor's statement of work required, signed by accredited supervisor
- Report prepared by accredited inspector as required in COMAR 26.16.02
Interior and Exterior Surface Requirements
- Interior and exterior painted surfaces must be free of chipping, peeling, or flaking paint
- Dwelling unit must be free of structural defects that could cause paint to chip, peel, or flake
- All doors must be rehung as necessary to prevent friction of lead painted surfaces
- Unit must be free of all visible dust, debris, or residue
Window and Sill Treatment Requirements
- Interior windowsills with lead/untested paint must be repainted, replaced or encapsulated
- Window wells with lead/untested paint must be smooth, cleanable, and capped with approved materials
- Non-replacement windows must have top sash fixed to eliminate friction movement
- Encapsulation materials (vinyl, metal) must be approved by Department
Floor Treatment and Notification Requirements
- Kitchen and bathroom floors must be overlaid with smooth, water-resistant covering
- Department notification required within 2 business days of completed work
- Notification by telephone, facsimile, or mailed report copy with 2-day postmark
- Department may conduct audit and collect dust samples for laboratory analysis
Lead-Safe Housing Certification (Md. Code Regs. 26.16.02.04)
Maryland provides a specific certification pathway for lead-safe housing that requires enhanced sampling protocols and window verification procedures.
Lead-Safe Housing Certification Requirements
- Establishes compliance with the risk reduction standard per Environment Article § 6-815
- Incorporates specific lead dust sample location methods
- Verifies all windows are either lead-free or have lead-free friction surfaces
- Must be performed by accredited lead paint inspection contractor
Enhanced Dust Sampling for Lead-Safe Certification
- Dust samples collected by accredited lead paint visual inspector or risk assessor
- Must follow lead dust sample collection techniques per COMAR 26.16.05.09
- Sample locations selected to characterize potential lead exposure in dwelling unit
- Special focus on activity areas for children within the dwelling
Required Sampling Protocol for Lead-Safe Housing
- Minimum one dust sample collected from each room in dwelling unit
- Rooms without windows: minimum one floor sample required
- Rooms with windows: minimum three samples (window well + window sill + floor)
- Sample locations must best characterize potential for lead exposure
Lead-Safe Housing Reporting Requirements
- Certificate submitted to Department within 10 calendar days of laboratory analysis
- Must include report of all inspection results with certificate
- Laboratory analyses required for all dust samples collected during inspection
- Complete documentation package required for certification validity
Technical Inspection Procedures (Md. Code Regs. 26.16.05.06)
Maryland regulations specify detailed technical procedures for lead-based paint inspections, including XRF sampling and paint chip collection requirements.
XRF Sampling Requirements
- XRF calibration checks performed according to manufacturer specifications
- Calibration readings recorded on MDE prescribed forms or stored in instrument memory
- XRF analyzers checked according to manufacturer specifications
- MDE 330 Form E used to record inspection summary
- Performance characteristics sheet (PCS) compliance required
Paint Chip Sampling Procedures
- Paint chip sampling in occupied units only for XRF inconclusive sample verification
- Samples collected from exact location where XRF reading was obtained
- Areas where samples collected must be repainted with non-lead-based paint
- Property owner and tenants notified within 10 days of results
- All samples analyzed by NLLAP approved laboratory
Required Sampling Tools
- Sharp stainless steel paint scraper or equivalent
- ASTM E 1792 specification disposable towelettes with wetting agent
- Non-sterilized polyethylene centrifuge tubes or sealable rigid containers
- Non-sterilized non-powdered latex or similar gloves
- Field sampling and laboratory submittal forms
Sample Collection Protocol
- Paint chip sample area must comply with ASTM standard E 1792
- New disposable gloves worn for each sample collection
- 4-millimeter plastic sheeting placed below sampling area
- Paint scraper pressure sufficient to remove all paint layers to substrate
- Chain of custody forms completed and provided to courier
Reporting and Compliance Timelines
Passing Certificate
10 calendar daysCopy of passing certificate with report submitted to Department and property owner within 10 days of receiving laboratory analysis
Failing Certificate
30 calendar daysCopy of failing certificate submitted within 30 days unless property passes re-inspection within 30 days of initial inspection
Re-inspection After Failure
30 calendar daysProperty owner may perform HEPA vacuum and detergent wash, then retest the failed room within 30 days
Required Documentation and Record Keeping
Property owners and inspection contractors must maintain comprehensive documentation as required by Maryland regulations:
Important: Upon request by the Maryland Department of the Environment, property owners must provide copies of all required records and documentation.
Department Verification and Spot Checks
State Inspection Authority
The Maryland Department of the Environment reserves the right to conduct spot checks and investigations to verify compliance with risk reduction standards.
• Property inspections for chipping, flaking, or peeling paint
• Collection of dust samples for independent laboratory analysis
• Confirmation that risk reduction standards have been satisfied
• Review of contractor certifications and work documentation
Educational Resource Only
Smart Home Inspects does not offer lead paint inspections. Property owners and managers should verify current requirements with the Maryland Department of the Environment and work with properly accredited lead professionals.