Ch. 114                                        1994 LAWS OF MARYLAND

(B)(1) AND (C) OF THIS SECTION, OR OF § 6-819(F) OF THIS SUBTITLE SHALL LOSE THE
LIABILITY PROTECTION UNDER § 6-836 OF THIS SUBTITLE FOR ANY ALLEGED INJURY OR
LOSS CAUSED BY THE INGESTION OF LEAD BY A PERSON AT RISK THAT IS FIRST
DOCUMENTED BY A TEST FOR EBL OF 20 UG/DL OR MORE ON OR AFTER OCTOBER 1, 2004
IN ANY OF THE OWNER'S UNITS THAT HAVE NOT SATISFIED THE RISK REDUCTION
STANDARD SPECIFIED IN § 6-815(A) OF THIS SUBTITLE, THE INSPECTION REQUIREMENT
OF SUBSECTION (C) OF THIS SECTION, OR THE MODIFIED RISK REDUCTION STANDARD
SPECIFIED IN § 6-819(A) OF THIS SUBTITLE, AS APPLICABLE.

(II)     THE LIABILITY PROTECTION UNDER § 6-836 OF THIS SUBTITLE
SHALL BE REINSTATED FOR ANY ALLEGED INJURY OR LOSS CAUSED BY THE INGESTION
OF LEAD THAT IS FIRST DOCUMENTED BY A TEST FOR EBL OF 20 UGIDL OR MORE AFTER
THE DATE THAT THE OWNER MEETS THE REQUIREMENTS OF SUBSECTIONS (B)(1) AND
(C) OF THIS SECTION AND THE REQUIREMENTS OF § 6-819(F) OF THIS SUBTITLE.

(III)    THE PROVISIONS OF THIS PARAGRAPH DO NOT APPLY IF THE
OWNER PROVES THAT THE NONCOMPLIANCE RESULTS FROM:

1. A TENANT'S LACK OF COOPERATION WITH THE OWNER'S
COMPLIANCE EFFORTS; OR

2. LEGAL ACTION AFFECTING ACCESS TO THE UNIT.

(3) NOTICE GIVEN UNDER SUBSECTION (B)(1) OF THIS SECTION SHALL BE
SENT BY:

(I) CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR

(II) A VERIFIABLE METHOD APPROVED BY THE DEPARTMENT.

(C)     ON EACH OCCASION THAT AN AFFECTED PROPERTY WHICH HAS NOT
UNDERGONE A CHANGE IN OCCUPANCY IS TREATED TO SATISFY THE
REQUIREMENTS OF THIS SECTION, THE OWNER OF THE' AFFECTED PROPERTY
SHALL HAVE THE PROPERTY INSPECTED TO VERIFY THAT THE RISK REDUCTION
STANDARD SPECIFIED IN § 6-815(A) HAS BEEN SATISFIED.

(D)     THE OWNER OF AN AFFECTED PROPERTY SHALL BE RESPONSIBLE FOR
THE COST OF ANY TEMPORARY RELOCATION OF THE TENANTS OF THE AFFECTED
PROPERTY THAT IS NECESSARY TO FULFILL THE REQUIREMENTS OF THIS SECTION.

6-818.

(A) ANY PERSON PERFORMING LEAD-CONTAMINATED DUST TESTING OR
CONDUCTING INSPECTIONS REQUIRED BY THIS SUBTITLE:

(1) SHALL BE ACCREDITED BY THE DEPARTMENT;

(2) MAY NOT BE A RELATED PARTY TO THE OWNER; AND

(3) SHALL SUBMIT A VERIFIED REPORT OF THE RESULT OF THE
LEAD-CONTAMINATED DUST TESTING OR VISUAL INSPECTION TO THE
DEPARTMENT, THE OWNER, AND THE TENANT, IF ANY, OF THE AFFECTED
PROPERTY.

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