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Session Laws, 1995
Volume 793, Page 129   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 3

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 UG/DL 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)] § 6-819(E) of this subtitle.

DRAFTER'S NOTE:

Error: Erroneous cross-references in § 6-817(a)(2) and (b)(2)(i) and (ii) of
the Environment Article.

Occurred: Ch. 114, Acts of 1994.
6-819.

(f) (2) (iii) If additional work is required:

1.       The owner shall have 20 days after receipt of the inspector's
report in which to perform the work, subject to a weather delay under the provisions of
subsection [(k)] (J) of this section; and

2.       The inspector shall reinspect the affected property after the
additional work is completed and:

A.      Issue a report certifying that the work is complete; and

B.      Mail a copy of the report to the tenant, the owner, and the
Department within 10 days after the inspection or reinspection.

(k) (1) The statement verified by the owner and the tenant of work performed
on the affected property in accordance with subsection (f)(1) of this section or the final
report of the inspector verifying that work was performed on the affected property in
accordance with subsection (f)(2) of this section[,] shall create a rebuttable
[presumption] PRESUMPTION, that may be overcome by clear and convincing
[evidence] EVIDENCE, that the owner is in compliance with the modified risk reduction
standard for the affected property unless there is:

(i) Proof of actual fraud as to that affected property; or

(ii) Proof that the work performed on the affected property was not
performed by or under the [supervisions] SUPERVISION of personnel accredited under §
6-1002 of this title.

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Session Laws, 1995
Volume 793, Page 129   View pdf image
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