1266                                      LAWS OF MARYLAND                                Ch. 614

10-107, AND THE ACCIDENT HAS BEEN INVESTIGATED BY THE
POLICE AND A REPORT HAS BEEN FILED WITH THE MARYLAND
STATE POLICE, THE ADMINISTRATION [[MAY]] SHALL WAIVE THE
REQUIREMENT FOR FILING SUCH A REPORT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.

CHAPTER 615
(House Bill 1215)

AN ACT to repeal Section 117A of Article 43 of the Annotated Code of
Maryland (1972 Supplement), title "Health," subtitle "Nuisances," and to enact
new Sections 117A and 117B in lieu thereof, to stand in the place of the section
repealed; to prohibit the use of lead-based paint on certain surfaces; to provide a
penalty for the violation thereof, to provide a procedure for the removal of
lead-based paint from certain surfaces under specified conditions and generally
relating to the use of lead-based paints.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 117A of Article 43 of the Annotated Code of
Maryland (1972 Supplement), title "Health," subtitle "Nuisances," be and it is
hereby repealed and that new Sections 117A and 117B are enacted in lieu thereof,
and all to read as follows:

[117A.

No person shall use lead-based paint on any interior surface, exterior surface to
which children may be commonly exposed, or porch of any dwelling.)

117A.

(A)      IT IS UNLAWFUL TO USE LEAD-BASED PAINT ON ANY
INTERIOR SURFACE OR ON ANY ARTICLE INTENDED FOR
HOUSEHOLD USE , EXCEPT A LEAD-BASED INDUSTRIAL PAINT
APPLIED TO A HOUSEHOLD APPLIANCE, OR ON ANY EXTERIOR
SURFACE TO WHICH CHILDREN MAY BE COMMONLY EXPOSED OR
ON A PORCH OF ANY DWELLING.

(B)    ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION
IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL
BE SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR
IMPRISONMENT NOT EXCEEDING 30 DAYS, OR BOTH FINE AND
IMPRISONMENT IN THE DISCRETION OF THE COURT. EVERY DAY
A VIOLATION CONTINUES SHALL CONSTITUTE A SEPARATE
OFFENSE.

117B.

(A) NOTWITHSTANDING ANY PROVISION OF LAW OR ANY
AGREEMENT, WHETHER WRITTEN OR ORAL, IF A LESSOR FAILS TO
REMOVE ANY AND ALL LEAD-BASED PAINT FROM ANY INTERIOR,
EXTERIOR OR OTHER SURFACE THAT IS EASILY ACCESSIBLE TO