Md. Code Regs. 05.04.13.03

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

Section 05.04.13.03 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Abatement.

(a) "Abatement" means a set of measures designed to eliminate lead-based paint hazards in accordance with standards established by the Department.

(b) "Abatement" includes:

(i) The removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based painted surfaces or fixtures, and the removal or covering of lead-contaminated soils; and

(ii) All preparation, cleanup, disposal, worker protection, and post-abatement clearance testing activities associated with these measures.

(2) "Annual income" means total household income from all sources, including wages, investment income, Social Security, retirement, disability, and unemployment benefits, less:

(a) Unusual or temporary income items as determined by the Department; and

(b) Abnormal expenses of a long-term nature, such as extraordinary medical, rehabilitation, or special education expenses.

(3) "Borrower" means an owner who receives a loan under the Program.

(4) "Building" means a structure that satisfies the requirements of Regulation .04 of this chapter.

(5) Certified Contractor.

(a) "Certified contractor" means a contractor, inspector, or supervisor who has successfully completed the MDE State certification program set forth in COMAR 26.16.01.

(b) "Certified contractor" includes a certified inspector.

(6) "Clearance testing" means a wipe test, performed in accordance with HUD guidelines, that a dwelling unit shall pass before it may be reoccupied, showing that lead dust levels are below HUD's maximum allowable standards, as follows:

(a) For floors, 100 micrograms per square foot;

(b) For window sills, 500 micrograms per square foot; and

(c) For window wells, 800 micrograms per square foot.

(7) "Closing costs" means the total of all settlement costs and fees and, when applicable, initial payments for taxes, property insurance, title examination, or other expense items as determined by the Department.

(8) "Department" means the Department of Housing and Community Development, a principal department of the State of Maryland.

(9) "Director" means the Director of the Division of Development Finance of the Department.

(10) Encapsulation.

(a) "Encapsulation" means a method of abatement that involves the coating and sealing of surfaces with durable surface coatings specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-containing paint from becoming part of house dust or otherwise accessible to children.

(b) "Encapsulation" does not mean coating and sealing surfaces with paint, which is not an encapsulant.

(11) "Enclosure" means the resurfacing or covering of surfaces with durable materials such as gypsum board or paneling, and sealing or caulking the edges and joints so as to prevent or control chalking, flaking, peeling, scaling, or loose lead-containing substances from becoming part of house dust or otherwise accessible to children.

(12) "Grant" means a grant made under the Program.

(13) "Grantee" means the recipient of a grant under the Program.

(14) "Hazardous waste" means liquid or solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

(a) Cause, or significantly contribute to, an increase in mortality or in serious, irreversible, or incapacitating illness; or

(b) Pose a substantial current or potential hazard to human health or the environment, when improperly treated, stored, transported, disposed of, or otherwise managed.

(15) "HEPA (high efficiency particulate accumulator)" means a vacuum cleaner fitted with a filter capable of filtering out particles of 0.3 micron or greater from a body of air at 99.97 percent efficiency or more.

(16) "Housing programs" means the acquisition, construction, rehabilitation, refinancing, and other housing financing programs operated by the Department.

(17) "HUD" means the United States Department of Housing and Urban Development.

(18) "HUD guidelines" means any guidelines or manuals issued by HUD in connection with HUD's lead-based paint hazard reduction practices and requirements.

(19) "Interim controls" means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including:

(a) Specialized cleaning;

(b) Repairs;

(c) Maintenance;

(d) Painting;

(e) Temporary containment;

(f) Ongoing monitoring of lead-based paint hazards or potential hazards; and

(g) The establishment and operation of management and resident education programs.

(20) "Lead-based paint hazard" means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces, that would result in adverse human health effects as established by the appropriate federal agency.

(21) "Lead paint abatement services" means the risk assessment, inspection, or abatement of lead-containing substances.

(22) "Loan" means a loan made under the Program.

(23) "Local administrator" means a Level I or Level II local administrator certified under the Maryland Housing Rehabilitation Program, as set forth in COMAR 05.04.01.16C.

(24) "MDE" means the Maryland Department of the Environment, a principal department of the State.

(25) "NOFA" means, collectively, Notices and Super Notices of Funding Availability covering the Lead-Based Paint Hazard Control Program, published by HUD in the Federal Register, including those published at 58 FR 13848-13857 and at 63 FR 15490-15620.

(26) "Program" means the Federal Lead Hazard Reduction (FLHR) Program.

(27) "Program Director" means the Director of Special Loan Programs for the Department.

(28) "Replacement" means a strategy of abatement that removes components such as windows, doors, and trim that have lead-based painted surfaces, and installs new or deleaded components free of lead-based paint.

(29) "Residential dwelling" means:

(a) A single-family dwelling, including attached structures, such as porches and stoops; or

(b) A single-family dwelling unit in a structure that contains at least one separate residential dwelling unit, and in which each unit is, or is intended to be, used or occupied, in whole or in part, as the home or residence of one or more persons.

(30) "Risk assessment" means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in residential dwellings, including:

(a) Information-gathering regarding the age and history of the housing and occupancy by children younger than 6 years old;

(b) Visual inspection;

(c) Limited wipe sampling or other environmental sampling techniques;

(d) Other activity as may be appropriate; and

(e) Provision of a report explaining the results of the investigation.

(31) "Secretary" means the Secretary of Housing and Community Development.

(32) "State certification program" means the MDE program for accrediting, certifying, and licensing contractors, inspectors, and supervisors, and training workers, as set forth in COMAR 26.16.01.

(33) "Subcontractor" means an entity authorized by the Department to carry out the duties and responsibilities of a local administrator under the Maryland Housing Rehabilitation Program, as stated in COMAR 05.04.01.16C.

(34) "Target housing" has the meaning stated in Regulation .04A of this chapter.

(35) "Testing" means the measurement of lead in painted surfaces by State-certified personnel using a portable XRF analyzer, laboratory analysis of paint samples, or other method approved by HUD.

(36) "Title X" means the federal Residential Lead-Based Hazard Reduction Act of 1992, found in Title X of Public Law 102-550, approved October 28, 1992, and any regulations promulgated under the statute.

(37) "Trained worker" means a worker who has successfully completed the State certification program defined in this section.

(38) "Wipe test" means the testing of a surface for the presence of lead dust by the patterned wiping of the surface, followed by analysis of the wipe by atomic absorption spectroscopy, giving the result in micrograms of lead per square foot of surface.

(39) "XRF analyzer" means a portable instrument that:

(a) Determines lead concentration in milligrams per square centimeter using the principle of X-ray fluorescence;

(b) Measures mean lead content or lead content plus a spectrum of other elements;

(c) Is used in accordance with the rules for interpretation of the XRF sampling data for multifamily or scattered-site housing, as provided in HUD guidelines; and

(d) Is a model approved by the Program.

Md. Code Regs. 05.04.13.03

Regulation .03B amended effective May 5, 1997 (24:9 Md. R. 655); November 29, 1999 (26:24 Md. R. 1856)