Md. Code Regs. 26.16.01.09

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

Section 26.16.01.09 - Lead Paint Abatement Services Contractor Accreditation Requirements

A. A contractor who offers to perform lead paint abatement services shall be accredited.

B. In order to be accredited, a contractor shall pay the fee in Regulation .20 of this chapter and submit to the Department:

(1) A letter certifying that the contractor will employ, hire, or contract only with:

(a) Supervisors accredited by the Department in the area for which their expertise is used;

(b) Workers trained in the work being performed; and

(c) Accredited inspectors and lead paint risk assessors;

(2) A letter specifying the area or areas of specialty work for which accreditation is being sought and certifying that the contractor shall offer only those specified services; and

(3) A certificate stating that the contractor is in good standing with the Department of Assessments and Taxation, if the contractor is a business entity as defined by Corporations and Associations Article, § 1-501, Annotated Code of Maryland.

C. Except as provided in §D of this regulation, a contractor shall employ a supervisor to oversee performance of lead paint abatement services.

D. A contractor who is a self-employed individual may perform lead paint abatement services, if the contractor is accredited by the Department as a supervisor.

E. A contractor shall ensure that all employees comply with the requirements of Regulations .11-.13 of this chapter, as applicable.

F. A contractor providing inspection or lead paint risk assessor services:

(1) Shall comply with all work practice standards set forth in 40 CFR § 745.227 and COMAR 26.16.05 for the performance of inspections and collection of paint and dust samples;

(2) May not have a financial interest in the contractor conducting an abatement project for which the inspection contractor is providing services; and

(3) May not be a related party to the property owner.

G. The Department may issue a certificate with an expiration date which is 24 months following the date of issuance to a contractor who meets the accreditation requirements of this regulation.

H. Unless the contractor applies for renewal of accreditation before the certificate expiration date, the contractor's accreditation expires as of that date.

I. A contractor shall ensure that its employees, agents, and representatives comply with all applicable requirements of this chapter and COMAR 26.16.02.

Md. Code Regs. 26.16.01.09

Regulations .09 adopted as an emergency provision effective November 24, 1995
Regulations .09 adopted effective May 20, 1996 (23:10 Md. R. 734)
Regulation .09B amended effective May 19, 2008 (35:10 Md. R. 974)
Regulation .09F amended effective November 22, 2004 (31:23 Md. R. 1655); May 19, 2008 (35:10 Md. R. 974)