Lead Based Paint Disclosure – Maryland
All pre 1950 rental properties need to have a valid lead certificate. There are 3 types:
- Lead Free
- Limited Lead Free
- Full Risk Reduction (also known as dust swipes or lead safe)
In addition for all 1950-1978 properties, on tenant turnover from January 1st, 2015 must comply with the following:
- Have a valid lead paint certificate.
- Have the property registered with the MDE (you can opt out of the registration if you have a lead free or limited lead free certificate).
- Give the tenants the Maryland’s Notice of Tenants Rights along with the EPA Brochure. Tenants must sign confirmation of receipt.
- Ensure tenants sign they have received the above pamphlets every two years.
See overview by the MDE of the recent legislative changes.
Lead Free: This means the property is lead free on the interior, exterior and common areas. If you have a lead free certificate, there is no further inspections required. To perform a Lead Free inspection we take the XRF (XRay Fluorescence) gun and ‘shoot’ different areas of the property.
Limited Lead Free: This means the property is lead free on the interior, but there is lead paint on the exterior of the property (or common area if it’s a multi unit building). There can’t be any defective paint on the exterior or common areas. There are no further inspections required for the interior but the exterior and common areas must be checked for defective paint every two years. (visual inspection only).
Full Risk Reduction (also known as dust swipes or lead safe): This is visual inspection, looking for any defective paint (inside, outside and the basement) and then dust swipes to test for lead dust. This inspection needs to be completed before any new tenant moves in.