Ch. 114                                        1994 LAWS OF MARYLAND

(B) (1) IF AN OWNER HAS MADE ALL REASONABLE EFFORT TO CAUSE THE
TENANT TO TEMPORARILY VACATE AN AFFECTED PROPERTY IN ORDER TO
PERFORM WORK WHICH WILL DISTURB THE PAINT ON INTERIOR SURFACES, AND
THE TENANT REFUSES TO VACATE THE AFFECTED PROPERTY, THE OWNER SHALL
NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TENANT'S REFUSAL TO
VACATE.

(2) IF AN OWNER HAS MADE ALL REASONABLE EFFORTS TO GAIN
ACCESS TO AN AFFECTED PROPERTY IN ORDER TO PERFORM ANY WORK REQUIRED
UNDER THIS SUBTITLE, AND THE TENANT REFUSES TO ALLOW SUCH ACCESS, EVEN
AFTER RECEIVING REASONABLE ADVANCED NOTICE OF THE NEED FOR ACCESS,
THE OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE
TENANT'S REFUSAL TO ALLOW ACCESS.

(C) ALL HAZARD REDUCTION TREATMENTS REQUIRED TO BE PERFORMED
UNDER THIS SUBTITLE MUST BE DONE IN ACCORDANCE WITH ALL APPLICABLE
FEDERAL, STATE, AND LOCAL LAWS OR REGULATIONS REGARDING SAFE WORK-
PRACTICES IN TREATING LEAD BASED PAINT IN RESIDENTIAL PROPERTIES.

6-823.

(A) THE PROVISIONS OF THIS SUBTITLE DO NOT AFFECT:

(1) THE DUTIES AND OBLIGATIONS OF AN OWNER OF AN AFFECTED
PROPERTY TO REPAIR OR MAINTAIN THE AFFECTED PROPERTY AS REQUIRED
UNDER ANY APPLICABLE STATE OR LOCAL LAW OR REGULATION; OR

(2) THE AUTHORITY OF A STATE OR LOCAL AGENCY TO ENFORCE
APPLICABLE HOUSING OR LIVABILITY CODES OR TO ORDER LEAD ABATEMENTS IN
ACCORDANCE WITH ANY APPLICABLE STATE OR LOCAL LAW OR REGULATION.

(B) (1) NOTWITHSTANDING § 6-802 OF THIS SUBTITLE, FOLLOWING AN
ENVIRONMENTAL INVESTIGATION IN RESPONSE TO A REPORT OF A LEAD POISONED
CHILD, A LOCAL JURISDICTION SHALL HAVE THE AUTHORITY TO ORDER AN
ABATEMENT, AS DEFINED IN § 6 1001 OF THIS ARTICLE, IN ANY RESIDENTIAL
PROPERTY.

(2) NO PROVISION OF THIS ACT SHALL BE CONSTRUED TO LIMIT THE
TREATMENTS WHICH MAY BE ENCOMPASSED BY AN ORDER TO ABATE LEAD
HAZARDS.

(C) WHENEVER THERE IS A CONFLICT BETWEEN THE REQUIREMENTS OF AN
ABATEMENT ORDER ISSUED BY A STATE OR LOCAL AGENCY TO AN OWNER OF AN
AFFECTED PROPERTY AND THE PROVISIONS OF THIS SUBTITLE, THE ABATEMENT
ORDER SHALL BE CONTROLLING IN DETERMINING THE OWNER'S OBLIGATIONS
REGARDING THE NECESSARY LEAD HAZARD REDUCTION TREATMENTS THAT MUST
BE PERFORMED IN THE AFFECTED PROPERTY WHICH IS SUBJECT TO THE
ABATEMENT ORDER.

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