Md. Code Regs. 05.04.06.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.04.06.05 - Eligible Projects-Lead Hazard Reduction Activity Requirements

A. The following lead hazard reduction activities may be financed by a Program grant or loan:

(1) Window replacement, which may include new wells, sills, and frames;

(2) Lead hazard treatment for existing windows, such as installation of new guides, guides and channels, and new well aluminum coil stock;

(3) Wall encapsulation or enclosure;

(4) Encapsulation or enclosure of lead-painted floors, stair risers, and treads;

(5) Treatment of floors and stairs to provide a smooth, clean surface that can easily be cleaned;

(6) Stabilization, repair, encapsulation, or enclosure of deteriorated or damaged lead-painted surfaces, whether interior or exterior;

(7) Repainting of all surfaces;

(8) Treatment of doors and door frames;

(9) Cleaning and HEPA vacuuming in accordance with MDE regulations;

(10) Post-treatment cleanup;

(11) Post-treatment clearance testing;

(12) Any other activity required to meet the risk reduction standards set forth in Environment Article, § 6-815, or the modified risk reduction standards set forth in Environment Article, § 6-819, Annotated Code of Maryland, and any regulations promulgated by MDE in connection with those provisions;

(13) Activities designed to test innovative or unproven methods of lead hazard reduction, as approved by MDE and the Program for the particular project; and

(14) Any other lead hazard reduction activity, including full abatement, relocation, or other activity authorized by the Act and approved by the Program.

B. Work Plan. A borrower and grantee shall submit to the Department a work plan that:

(1) Describes the lead hazard reduction activity or activities to be undertaken; and

(2) Meets the other requirements of this regulation.

C. Scope of Work.

(1) The work plan shall address all interior and exterior flaking, chipping, or peeling lead paint, whether or not the cost is financed by the Program loan or grant.

(2) If a project involves window replacement, the project shall cover window replacement for all windows and window components that have friction surfaces containing lead paint, whether or not the total cost is to be financed by the Program loan or grant.

(3) The Program may require a risk assessment or lead paint survey to determine all lead hazards present in a project.

D. Additional Costs.

(1) For an owner-occupant borrower who is a family of limited income, the following additional costs may be financed:

(a) Closing costs described in Regulation .02B of this chapter;

(b) Charges and fees described in Regulation .12C of this chapter; and

(c) The cost of pre-treatment and post-treatment lead testing performed by parties who are accredited and trained as required by MDE under COMAR 26.16.01.

(2) For other owner-occupants and for nonprofit sponsors, the cost described in §D(1) of this regulation may be financed only if the borrower is receiving an amortizing loan.

E. Lead hazard reduction activities shall be undertaken in accordance with the regulations, requirements, and procedures of:

(1) MDE, as set forth in COMAR 26.16.01, 26.16.02, 26.16.03, and 26.02.07; and

(2) The local jurisdiction.

F. Inspections and Testing. The borrower shall fully cooperate in providing access to the property for inspections and for lead testing.

G. Code Enforcement. Any actions taken by the Department or the local administrator to prepare or review work proposals, evaluate the property, or review and approve plans, are to ensure the Department and the local administrator of the adequacy of the proposed work. These actions are not intended to substitute for or ensure compliance with appropriate State and local building and housing codes. Compliance with applicable codes and obtaining required permits and licenses are the responsibility of the grantee or borrower, and the contractor.

Md. Code Regs. 05.04.06.05

Regulations .05 adopted as an emergency provision effective August 28, 1986 (13:20 Md. R. 2197); emergency status extended at 14:2 Md. R. 123; emergency status expired March 1, 1987
Regulations .05 adopted effective March 1, 1987 (14:4 Md. R. 414)
Regulations .05 adopted effective October 12, 1992 (19:20 Md. R. 1813)
Regulations .05, Residential Lead Paint Abatement Program, repealed and new Regulations .05, Lead Hazard Reduction Grant and Loan Program, adopted effective February 24, 1997 (24:4 Md. R. 290)
Regulation .05A amended effective April 16, 2001 (28:7 Md. R. 688)