WILLIAM DONALD SCHAEFER, Governor

Ch. 114

(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 ACCESS, EVEN AFTER
RECEIVING REASONABLE ADVANCE NOTICE OF THE NEED FOR ACCESS, THE OWNER
MAY 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 SHALL BE PERFORMED BY OR UNDER THE SUPERVISION OF
PERSONNEL ACCREDITED UNDER § 6-1002 OF THIS TITLE.

6-822.

(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 § 6-803 OF THIS SUBTITLE, FOLLOWING AN
ENVIRONMENTAL INVESTIGATION IN RESPONSE TO A REPORT OF A LEAD POISONED
PERSON AT RISK, A LOCAL JURISDICTION MAY ORDER AN ABATEMENT, AS DEFINED
IN § 6-1001 OF THIS TITLE, IN ANY RESIDENTIAL PROPERTY.

(2) NO PROVISION OF THIS ACT MAY 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 MORE
STRINGENT PROVISIONS OF THIS SUBTITLE AND OF THE ABATEMENT ORDER SHALL
BE CONTROLLING IN DETERMINING THE OWNER'S OBLIGATIONS REGARDING THE
NECESSARY LEAD HAZARD REDUCTION TREATMENTS THAT SHALL BE PERFORMED
IN THE AFFECTED PROPERTY THAT IS SUBJECT TO THE ABATEMENT ORDER.

6-823.

(A) BY DECEMBER 1, 1994, AN OWNER OF AN AFFECTED PROPERTY SHALL
GIVE TO THE TENANT OF EACH OF THE OWNER'S AFFECTED PROPERTIES A LEAD
POISONING INFORMATION PACKET PREPARED OR DESIGNATED BY THE
DEPARTMENT.

(B) ON OR AFTER OCTOBER 1, 1994, UPON THE EXECUTION OF A LEASE OR
THE INCEPTION OF A TENANCY FOR AN AFFECTED PROPERTY THE OWNER OF THE
AFFECTED PROPERTY SHALL GIVE TO THE TENANT A LEAD POISONING
INFORMATION PACKET PREPARED OR DESIGNATED BY THE DEPARTMENT.

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