Marvin Mandel, Governor                        1105

CHAPTER 495
(Senate Bill 814)

AN ACT to add new Section 117A to Article 43 of the Annotated
Code of Maryland (1965 1971 Replacement Volume), title "Health,"
subtitle "Nuisances," to follow immediately after Section 117
thereof, to provide for restrictions on the use of lead based paint in
dwelling houses in order to protect children, defining certain terms,
providing for enforcement of the section, and providing penalties
and generally relating to the use of lead-based paint in dwellings.
PROHIBIT THE USE OF LEAD-BASED PAINT IN DWELL-
INGS IN ORDER TO PROTECT CHILDREN.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 117A be and the same is hereby added to Article
43 of the Annotated Code of Maryland (1965 1971 Replacement
Volume), title "Health," subtitle "Nuisances," to follow immediately
after Section 117 thereof, and to read as follows:

117A.

(a) The Secretary of Health shall be responsible for establishing
guidelines restricting the use of lead-based paint in furtherance of
this subsection. Such guidelines may be more restrictive, but in no
case less restrictive, than guidelines established in any Federal
statute or regulation.

(b) (A) No person shall use lead-based paint in violation of the
guidelines set forth by the Secretary of Health on any interior sur-
face, exterior surface to which children may be commonly exposed,
or porch of any dwelling.

(c) The owner of any dwelling shall not later than July 1, 1972,

remove or cause to be removed from any interior surface, exterior
surface to which children may be commonly exposed, or porch all
lead-based paint in violation of the guidelines set forth by the Secre-

tary of Health. An owner shall be deemed in compliance with the

provisions of this subsection if, in lieu of removal, he covers the pro-
hibited paint with a permanently adhesive coating approved by the
Secretary of Health.

UPON PROPER NOTICE FROM THE ENFORCING AGENCY,
THE OWNER OF ANY DWELLING SHALL REMOVE OR
CAUSE TO BE REMOVED FROM ANY INTERIOR SURFACE
OF WINDOW SILLS, EDGES OF DOORS AND WINDOW SASH
AND PORCH RAILINGS AND STEP TREADS, ALL LEAD-
BASED PAINT WITHIN FOUR FEET FROM THE FLOOR OR
GROUND. ALL SURFACES ABOVE FOUR FEET SHALL BE
SCRAPED FREE OF PEELING OR LOOSE PAINT. AN OWNER
SHALL BE DEEMED IN COMPLIANCE WITH THE PROVI-
SIONS OF THIS SUBSECTION IF IN LIEU OF REMOVAL HE
COVERS THE PROHIBITED PAINT WITH PANELING OR A
PERMANENTLY ADHESIVE COATING.

(d) (B) As used in this section—

(1) the term "person" shall include any individual, corporation,
the State of Maryland, and any of its instrumentalities.