1. A. A provider may not use paint with lead content on any:

   1. (1) Exterior or interior surface of the child care home; or
   2. (2) Material or equipment used for child care purposes.
2. B. If the child care home is a residential rental property constructed before 1978, which is an affected property as defined by Environment Article, §6-801(b), Annotated Code of Maryland, the provider shall submit a copy of the current lead risk reduction or lead free certificate.

3. C. If the child care home was constructed before 1978 and is not certified lead free pursuant to Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, the provider shall:

   1. (1) Ensure there is no chipping, peeling, flaking, chalking, or deteriorated paint on any surface of an interior or exterior area of the home;

   2. (2) If deterioration of a surface in an area used for child care is noted, or if renovation of the premises occurs that disturbs a painted surface, arrange to have a lead dust test:

      1. (a) Conducted by an accredited visual inspector pursuant to COMAR 26.16.02.03B to meet the risk reduction standard, if the facility is an affected property; or
      2. (b) Conducted in areas used for child care by an accredited risk assessor pursuant to COMAR 26.16.05.11, if the home is not an affected property; and

   3. (3) If a lead dust test is required under §C(2) of this regulation, obtain:

      1. (a) A passing score on that test; and
      2. (b) Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.
4. D. In a child care home constructed before 1978 and not certified lead free under Environment Article, §6-804(a)(2)(i), Annotated Code of Maryland, when performing renovation which disturbs the painted surface of an interior or exterior area used for child care, the provider shall ensure that the work is performed by an individual accredited to perform the lead paint abatement services using safe work practices as required by Environment Article, Title 6, Subtitle 10, Annotated Code of Maryland, and corresponding regulations.

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: February 6, 2012 (39:2 Md. R. 142)

Regulation .01 amended effective April 14, 2014 (41:7 Md. R. 423)

Regulation .03F adopted effective July 20, 2015 (42:14 Md. R. 884)

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .10A amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .11C amended as an emergency provision effective August 31, 2023 (50:20 Md. R. 885); amended permanently effective February 5, 2024 (51:2 Md. R. 76)

Regulation .12J adopted effective January 13, 2020 (47:1 Md. R. 17)

Regulation .13C amended effective January 13, 2020 (47:1 Md. R. 17)