WILLIAM DONALD SCHAEFER, Governor                            Ch. 114

(2)      ISSUES OR ISSUES FOR DELIVERY IN THE STATE THIRD PARTY
BODILY INJURY LIABILITY INSURANCE UNDER:

(I)      HOMEOWNERS' COVERAGE;

(II)     OWNERS', LANDLORDS', AND TENANTS' COVERAGE; OR

(III)    OTHER PREMISES LIABILITY COVERAGE; AND

(3)      IS SUBJECT TO REGULATION BY THE MARYLAND INSURANCE
ADMINISTRATION.

(E) (1) "DEPARTMENT" MEANS THE DEPARTMENT OF THE ENVIRONMENT.

(2) "DEPARTMENT" INCLUDES A DESIGNEE OF THE SECRETARY OF THE
ENVIRONMENT.

(F) "OWNER" HAS THE MEANING STATED IN § 6-801(O) OF THE ENVIRONMENT
ARTICLE.

735.

(A) NOTWITHSTANDING SUBSECTION (F) OF THIS SECTION UPON THE
INCEPTION OR RENEWAL OF A POLICY, AN INSURER MAY PROVIDE FOR A LEAD HAZARD
EXCLUSION WITH RESPECT TO A POLICY OF INSURANCE COVERING AN AFFECTED
PROPERTY.

(B) A LEAD HAZARD EXCLUSION CONTAINED IN A CONTRACT OF INSURANCE
ISSUED OR RENEWED ON OR AFTER JANUARY 1, 1995 SHALL BE WAIVED WITH RESPECT
TO AN AFFECTED PROPERTY WHICH IS COVERED UNDER THE POLICY, AND WHICH
IS IN COMPLIANCE WITH THE PROVISIONS OF PARTS III AND IV OF TITLE 6, SUBTITLE
8 OF THE ENVIRONMENT ARTICLE, TO THE EXTENT OF A QUALIFIED OFFER MADE
OR TO BE MADE UNDER PART V OF TITLE 6, SUBTITLE 8 OF THE ENVIRONMENT
ARTICLE IF:

(I) THE AFFECTED PROPERTY IS IN COMPLIANCE WITH THE PROVISIONS OF
PART III OF TITLE 6, SUBTITLE 8 OF THE ENVIRONMENT ARTICLE;

(2) WITHOUT REGARD TO WHETHER A CHANGE IN OCCUPANCY HAS
OCCURRED, AND AT THE ELECTION OF THE INSURED, THE AFFECTED PROPERTY:

(I) PASSES THE TEST FOR LEAD-CONTAMINATED DUST UNDER § 6-816
OF THE ENVIRONMENT ARTICLE; OR

(II) HAS UNDERGONE THE LEAD HAZARD REDUCTION TREATMENTS
AND COMPLIES WITH THE RISK REDUCTION STANDARDS UNDER § 6-815(A)(2) OF THE
ENVIRONMENT ARTICLE; AND

(3) THE INSURED SUBMITS TO THE AUTHORIZED INSURER A CURRENT
VERIFIED REPORT OF AN ACCREDITED INSPECTOR UNDER § 6-818 OF THE ENVIRONMENT
ARTICLE CERTIFYING THAT THE AFFECTED PROPERTY COMPLIES WITH THE STANDARDS
SET FORTH IN PARAGRAPH (2) OF THIS SUBSECTION.

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