Step-by-Step Guide:
Notice of Defect and Modified Risk Reduction Inspection in Maryland
Introduction
If you’ve received a Notice of Defect for your property in Maryland, it means there are lead paint hazards that must be fixed to protect your tenants. This notice requires you, as the property owner, to address the problem and pass a Modified Risk Reduction Inspection within 30 days.
This guide walks you through the process step-by-step to help you resolve the issue and stay compliant with Maryland law.
Step 1: What Is a Notice of Defect?
A Notice of Defect is issued when:
• Lead paint hazards, like peeling paint or lead dust, are found in the home.
• A child under 6 or a pregnant woman lives there.
As the owner, you must fix the problem within 30 days. If you don’t, you could face legal penalties.
Step 2: Hire a Certified Inspector
You’ll need to hire a certified lead paint inspector to confirm the issue and help guide you on what repairs are needed to fix the hazards.Step 3: Fix the Lead Hazards
Once you know where the lead hazards are, the following repairs must be completed:
• Peeling Paint: Scrape and repaint areas with peeling or chipping paint.
• Windows and Doors: Fix or replace parts that cause friction, like old sashes or door frames, to stop lead dust from forming.
• Clean Thoroughly: Use a HEPA vacuum and wet cleaning to remove lead dust from all surfaces.
You’ll need to hire an EPA-certified contractor to do this work.
Step 4: Get a Dust Wipe Test
After the repairs are done, a certified lead inspector will collect dust samples from the floors, windows, and other surfaces to make sure there’s no lead dust left. The samples will be sent to a lab to confirm the property is safe.
Step 5: Pass the Inspection
To pass the Modified Risk Reduction Inspection, your property must:
1. Have all peeling paint and other hazards repaired.
2. Pass the dust wipe test with lead levels below the legal limit.
3. Receive a 330 Certificate of Compliance from the inspector.
Step 6: Give Your Tenants the Results
Once you’ve passed the inspection:
• Provide your tenants with a copy of the 330 Certificate and the dust test results.
• Keep these documents for your records.
At #00 Lead Inspections & Abatements LLC, we’re here to help you every step of the way. From inspections to passing your compliance test, we’ll make sure your property meets Maryland’s requirements.
Call us today at 443-839-3565 or book online to schedule your inspection!
Step-by-step guide
Investing in a lead-based paint rental property:
Step 1: Learn the Lead Paint Rules
• If the property was built before 1978, it may have lead paint. Laws require you to make sure it’s safe for tenants.
• Learn your responsibilities as a landlord under state and federal laws, like Maryland’s Lead Risk Reduction in Housing Act.
Step 2: Inspect the Property for Lead Hazards
• Hire a certified lead paint inspector to check for lead paint and hazards like peeling, chipping, or cracking paint.
• If lead is found, ask for a detailed report to know what needs to be fixed.
Step 3: Fix Any Lead Paint Problems
• Negotiate with the seller to repair the lead hazards before you buy the property, or include the cost of fixing them in your budget.
• Hire an EPA-certified contractor to repair peeling paint, replace old windows, or encapsulate (seal) lead-based paint.
Step 4: Register the Property
• All Maryland rental properties built before 1978 must be registered with the Maryland Department of the Environment (MDE).
• Pay the annual fee and keep the registration up to date.
Step 5: Get a Lead-Safe Certificate
• After repairs, have the property inspected again.
• A certified lead inspector will issue a Lead-Free Certificate (if all lead paint is removed) or a Full Risk Reduction Certificate (if it’s made safe).
Step 6: Keep the Property Lead-Safe
• Check the property regularly to make sure no paint is peeling or cracking.
• Fix any issues as soon as you see them to stay compliant with the law.
Step 7: Educate Your Tenants
• Give new tenants the EPA Lead Paint Disclosure Form and a pamphlet called “Protect Your Family from Lead in Your Home.”
• Teach tenants to report any peeling paint or potential hazards right away.
Step 8: Get Ready to Rent
• Ensure all repairs are complete and the property is clean. Use a HEPA vacuum and wet cleaning to remove lead dust.
• Get a final inspection and lead-safe certificate before tenants move in.
Step 9: Stay Compliant
• Renew your property registration with the MDE every year.
• Before new tenants move in, make sure the property passes a visual inspection and remains lead-safe.
Step 10: Grow Your Rental Business
• Look for more properties that either don’t have lead paint or need minimal repairs to make them lead-safe.
• Keep learning about lead paint laws to stay compliant and protect your tenants.