WILLIAM DONALD SCHAEFER, Governor Ch. 114
6-827.
THIS PART APPLIES TO ALL POTENTIAL BASES OF LIABILITY FOR ALLEGED
INJURY OR LOSS TO A PERSON CAUSED BY THE INGESTION OF LEAD BY A PERSON
AT RISK IN AN AFFECTED PROPERTY.
6-828.
(A) THIS SECTION APPLIES TO AN OWNER OF AN AFFECTED PROPERTY WHO
HAS, WITH RESPECT TO THE AFFECTED PROPERTY, COMPLIED WITH THE
APPLICABLE REQUIREMENTS OF §§ 6-811, 6-812, 6-815, 6-817, AND 6-819 OF THIS
SUBTITLE, AND HAS SENT TO THE TENANT THE NOTICES REQUIRED BY §§ 6-820 AND
6-823 OF THIS SUBTITLE.
(B) A PERSON MAY NOT BRING AN ACTION AGAINST AN OWNER OF AN
AFFECTED PROPERTY FOR DAMAGES ARISING FROM ALLEGED INJURY OR LOSS TO
A PERSON AT RISK CAUSED BY THE INGESTION OF LEAD BY A PERSON AT RISK THAT
IS FIRST DOCUMENTED BY A TEST FOR EBL OF 25 UG/DL OR MORE PERFORMED ON
OR AFTER OCTOBER 1, 1994, OR 20 UG/DL OR MORE PERFORMED ON OR AFTER OCTOBER
1, 1999, UNLESS THE OWNER HAS BEEN GIVEN:
(1) WRITTEN NOTICE FROM ANY PERSON THAT THE ELEVATED BLOOD
LEVEL OF A PERSON AT RISK IS:
(I) GREATER THAN OR EQUAL TO 25 UG/DL AS FIRST
DOCUMENTED BY A TEST FOR EBL PERFORMED ON OR AFTER OCTOBER 1, 1994; OR
(II) ON OR AFTER OCTOBER 1, 1999, AN EBL GREATER THAN OR
EQUAL TO 20 UG/DL AS FIRST DOCUMENTED BY A TEST FOR EBL PERFORMED ON OR
AFTER OCTOBER 1, 1999; AND
(2) AN OPPORTUNITY TO MAKE A QUALIFIED OFFER UNDER § 6-831 OF
THIS SUBTITLE.
6-829.
(A) A PERSON WHO RECEIVES NOTICE UNDER § 6-828(1) § 6-828(B)(1) OF THIS
SUBTITLE IS ENTITLED TO THE RESULTS OF ANY AVAILABLE PRIOR BLOOD LEAD
TESTS OF THE PERSON AT RISK FOR THE PURPOSE OF DETERMINING WHETHER TO
MAKE A QUALIFIED OFFER UNDER THIS SUBTITLE AND WHETHER THE QUALIFIED
OFFER SHOULD BE DESIGNATED AS A CO-OFFER.
(B) IN THE EVENT A LOCAL HEALTH DEPARTMENT NOTIFIES AN OWNER OF
AN AFFECTED PROPERTY IN ACCORDANCE WITH § 6-828(1) § 6-828(B)(1) OF THIS
SUBTITLE, THE LOCAL HEALTH DEPARTMENT SHALL ALSO PROVIDE THE OWNER
WITH ANY BLOOD LEAD TEST RESULTS AND HISTORY OF RESIDENCE FOR THE
PERSON AT RISK WHICH THE LOCAL HEALTH DEPARTMENT HAS ON RECORD.
6-830.
IF THE CONCENTRATION OF LEAD IN A WHOLE VENOUS BLOOD SAMPLE OF A
PERSON AT RISK TESTED WITHIN 30 DAYS AFTER THE PERSON AT RISK BEGINS
RESIDENCE OR TO REGULARLY SPEND AT LEAST 24 HOURS PER WEEK IN AN
- 1329 -
|