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Changing Lead-Laws Require Owner’s Attention

2/3/2013

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Maryland has one of the toughest lead abatement programs in the country. In fact, it’s indicated as a model for other states to follow. Since the inception of the program lead poisoning of children has come down 98%. As an owner it’s important to know your liability, the lead paint laws, and how they are changing.
    
Currently:
  • Any house built before 1948 is required to be registered with the Maryland Department of Environment (MDE). Registration is accomplished by lead inspection and receipt of a certificate that the property is lead-safe or lead-free.
  • Inspection must be performed with every tenant change and an information pamphlet be forwarded to every tenant every two years.
  • Registration must be renewed annually. There is a fee.
  • Renewed registration is not required if the property has been found to be lead-free.
  • Many homes built between 1948-1978 used lead paint. It’s good business to have the inspection done to be aware of any lead hazard, as the owner would be liable for lead poisoning damages. Participation in the program (getting and maintaining a certificate) limits the liability.
Coming Changes:
  • Beginning January 1, 2015 registration will be mandatory for all homes built before 1978. Why 1978? Because that’s when the production of lead paint stopped in the United States.
  • Inspection and annual registration will remain unchanged and apply to properties build before 1978
  • Registration renewal is not required for any property that has been certified lead-free.
Ask your property manager about lead compliance and arranging an inspection. Only licensed inspectors perform lead inspections, and certificates are issued by MDE. Inspections are performed using dust-swipes or by a hand-held x-ray machine. Owners can not perform the inspection themselves. The dust-swipe method will only yield a lead-safe certificate. The X-ray method can yield a limited lead-free, or lead-free certificate.

More information can be found at the MDE website http://mde.maryland.gov/Pages/Home.aspx. Click on the picture entitled “Lead Poisoning Prevention”.


77th Meridian, LLC offers professional property management for residential property in Anne Arundel, Prince George, Baltimore counties, and Baltimore City. 
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