Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 18 - LARGE FAMILY CHILD CARE HOMES
Chapter 13A.18.05 - Home Environment and Equipment
Section 13A.18.05.05 - Lead-Safe Environment

Universal Citation: MD Code Reg 13A.18.05.05

Current through Register Vol. 51, No. 19, September 20, 2024

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

(1) Exterior or interior surface of the child care home; or

(2) Material or equipment used for child care purposes.

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.

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

(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:
(a) Conducted by an accredited visual inspector pursuant to COMAR 26.16.02.03BB to meet the risk reduction standard, if the facility is an affected property; or

(b) Conducted in areas used for child care by an accredited risk assessor pursuant to COMAR 26.16.05.11B, if the home is not an affected property; and

(3) If a lead dust test is required under §C(2) of this regulation, obtain:
(a) A passing score on that test; and

(b) Verification from the lead inspector performing the test that the requirements of §C(2) and (3)(a) of this regulation have been met.

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.

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