- A. In this chapter, the following terms have the meanings as indicated.
B. Terms Defined.
- (1) “Accredited” has the meaning stated in COMAR 26.16.02.02B.
- (2) “Affected property” has the meaning stated in Environment Article, §6-801(b), Annotated Code of Maryland.
- (3) “ASTM" means the American Society for Testing and Materials.
- (4) “Blood lead level (BLL)” means a measurement of the amount of lead in blood, usually measured in micrograms per deciliter.
- (5) “Caregiver” means a parent, a guardian, or another person that is legally responsible for the wellbeing of a pregnant woman younger than 18 years old or a child.
- (6) “Child” means an individual younger than 6 years old.
- (7) “Child care center” has the meaning stated in COMAR 13A.16.01.02B.
(8) “Defect” means the presence of:
- (a) Chipping, peeling, or flaking paint on an interior or exterior surface of an affected property; or
- (b) A structural defect causing chipping, peeling, or flaking paint in an affected property.
(9) “Deteriorated paint” means chipping, peeling, or flaking paint on:
- (a) A painted interior or exterior surface of a property; or
- (b) Any other accessible painted surface.
- (10) “Drip line” means the area of land directly beneath the edge of a roof.
- (11) “Elevated blood lead (EBL)” has the meaning stated in Environment Article, §6-801(f), Annotated Code of Maryland.
(12) Environmental Investigation.
- (a) “Environmental investigation” means an investigation performed by a Department-accredited lead paint risk assessor to identify one or more lead hazards for a child or pregnant woman diagnosed with EBL.
(b) “Environmental investigation” includes the:
- (i) Administration of an environmental questionnaire, a visual inspection, and the collection of environmental samples during an on-site assessment of a property;
- (ii) Analysis of the results from an on-site assessment and environmental sampling; and
- (iii) Performance of case management by the Department or a local health department pursuant to Environment Article, §6-304, Annotated Code of Maryland.
- (13) “Environmental questionnaire” means a questionnaire administered by a Department-accredited lead paint risk assessor during an environmental investigation to identify one or more lead exposure risk factors that may have contributed to a child’s or pregnant woman’s EBL.
- (14) “Environmental sampling” means the collection and analysis of paint chip, dust, or soil samples, or samples from other media as appropriate, to identify the presence of a lead hazard, performed in accordance with the applicable sampling requirements and technical standards described under Regulations .06 and .07 of this chapter.
(15) Friction Surface.
- (a) “Friction surface” means an interior or exterior surface subject to abrasion or friction.
- (b) “Friction surface” may include, but is not limited to, a window sash, a stair tread, or another surface subject to abrasion or friction.
- (16) “HUD Guidelines” means the U.S. Department of Housing and Urban Development (HUD) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, Second Edition, July, 2012.
(17) Impact Surface.
- (a) “Impact surface” means an interior or exterior surface subject to damage by repeated impact or contact.
- (b) “Impact surface” may include, but is not limited to, a door frame, a surface that makes contact with a knob or handle, or another surface subject to damage by repeated impact or contact.
- (18) “International Organization for Standardization/International Electrotechnical Commission (ISO/IEC)” means a technical standard governed by both the ISO and IEC.
(19) Lead Hazard.
- (a) “Lead hazard” means a source of lead on an accessible surface or media in which exposure of a child or pregnant woman to the source would result in adverse human health effects.
(b) “Lead hazard” includes, but is not limited to:
- (i) Lead-based paint as defined under COMAR 26.16.02.02B, if the lead-based paint is present on, or within a layer of, a surface with deteriorated paint or a defect, an impact or friction surface, or a chewable surface with evidence of teeth marks;
- (ii) A lead-containing substance as defined under COMAR 26.16.01.02B, if the lead-containing substance is present on an impact or friction surface, or chewable surface with evidence of teeth marks;
- (iii) Lead-contaminated dust as defined under COMAR 26.16.02.02B; or
- (iv) Other sources of lead as identified in the HUD Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels, or by the Department.
- (20) “Notice of Defect” means a written notice provided by a tenant, or another source, to the owner of an affected property notifying the owner of a defect in the affected property, as authorized under Environment Article, §6-819, Annotated Code of Maryland.
- (21) “Primary residence” means a residential property where a child or pregnant woman with EBL resides.
- (22) “Quantitation limit” has the meaning stated in COMAR 26.02.07.02B.
(23) “Reference level” means:
- (a) 5 micrograms per deciliter; or
- (b) Beginning 1 year after the date that the Centers for Disease Control and Prevention revises the blood lead reference level until 1 year after a subsequent revision, the revised blood lead reference level as determined by the Centers for Disease Control and Prevention.
(24) Secondary Property.
- (a) “Secondary property” means a property, other than a child’s or pregnant woman’s primary residence, where the child or pregnant woman with EBL spends at least 24 hours per week.
- (b) “Secondary property” includes a child care center or a family member’s residence.
(25) “Secondary source” means a lead exposure risk that is not derived from a painted surface or structural component of a property, including, but not limited to:
- (a) Tap water;
- (b) A toy, jewelry, or ceramic foodware;
- (c) An imported cosmetic, such as, but not limited to, a product identified in Table 16.4 of the HUD Guidelines, Chapter 16: Investigation and Treatment of Dwellings that House Children with Elevated Blood Lead Levels;
- (d) A traditional medicine or remedy; or
- (e) A food item.
- (26) “XRF” has the meaning stated in COMAR 26.16.01.02B.
Authority: Environment Article, §§ 6-304, 6-305, 6-801, 6-819, 6-846, and 6-1001— 6-1005, Annotated Code of Maryland
Effective date: July 1, 2020 (47:13 Md. R. 643)
Regulation .05 amended effective May 25, 2026 (53:10 Md. R. 458)