For eight years in the 1990s, Attorney Charles Ware hosted the extremely popular legal advice radio program "The Lawyer's Mailbox"; the Number One (#1)legal advice radio program in the Mid-Atlantic Region,on WEAA - 88.9 FM, Morgan State University Radio in Baltimore, Maryland.
www.CharlesJeromeWare.com

Sunday, May 31, 2015

The Lawyer's Mailbox: LEAD PAINT COMPLIANCE IN MARYLAND --- FOR LANDLORD...

The Lawyer's Mailbox: LEAD PAINT COMPLIANCE IN MARYLAND --- FOR LANDLORD...: www.charlesjeromeware.com                                 " Here to make a Difference." Charles Jerome Ware, LLC, is a premier, ...

LEAD PAINT COMPLIANCE IN MARYLAND --- FOR LANDLORD BEGINNERS

www.charlesjeromeware.com                                " Here to make a Difference."


Charles Jerome Ware, LLC, is a premier, Maryland-based, nationally recognized and respected, landlord and landowner lead paint poisoning defense law firm.  For an initial courtesy consultation, contact us at (410) 720-6129. If you have sued in a lead poisoning case in Maryland or the District of Columbia, we can help you.


In my many years of  successfully defending landlords in lead poisoning cases in Baltimore city, one of the key issues I have found for beginning landowners and landlords is their general unawareness of the prevalence of lead (Pb) everywhere in the Baltimore environment : the air we breathe, dust, drinking water, trees, paints, flowers, food, pipes and plumbing, toys, cosmetics, jewelry, pottery, ceramics, soil, playgrounds, industrial workplaces, home remedies, drinks and medicines, other products, and --yes-- residences (both houses and apartments) built before 1978.


Because lead poisoning (Plumbism) is such a public health problem in the Baltimore area, several Local, State and Federal rules, statutes and laws have been implemented over the years in an attempt to reduce the number of lead poisoning victims in Maryland as well as throughout the United States. It is very important that landowners and landlords follow these mandatory standards and laws, some of which include:


(1) The Federal  Residential lead-Based Paint Hazard Reduction Act of 1992, commonly known as  TITLE X.  This law is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to TITLE X rental property buildings (including residential houses and apartments, etc.) that were constructed prior to 1978. An important follow-up addendum, so to speak, to this law is :
(2) The Federal Real Estate Notification Rule (also known as the "Lead Disclosure Rule"), which ids a "right-to-know" law that requires notification and disclosure of certain lead-based paint information. This follow-up Federal law took effect in 1996.
(3) In 1951, Baltimore banned the use of lead pigment in interior paint used in Baltimore housing. This was the very first such restriction involving lead-based paint in the United States.
(4)  In 1971, the Federal Lead Poisoning Prevention Act was passed.
(5)  In 1978, the Federal government  banned  consumer uses of lead paint --- including both inside and outside uses with residential housing ( including houses and apartments, etc.). There are a few exceptions, of course, which need not be discussed here.
(6) Maryland law ( the " Maryland Lead Law") requires that anyone who acts as a supervisor or contractor for the purpose of abating or removing lead paint must be accredited by the Maryland Department of the Environment (MDE). Workers who perform "purposeful" lead abatement or removal work shall be trained by a training provider approved by MDE, The Maryland Lead Law does not cover owners or contractors doing maintenance or renovation work in an owner-occupiec pre-1978 dwelling unit.

Wednesday, May 27, 2015

The Lawyer's Mailbox: BASIC MARYLAND DIVORCE A TO Z ---www.charlesjerome...

The Lawyer's Mailbox: BASIC MARYLAND DIVORCE A TO Z ---www.charlesjerome...: www.charlesjeromeware.com                          " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Howard Co...

BASIC MARYLAND DIVORCE A TO Z ---www.charlesjeromeware.com

www.charlesjeromeware.com                         " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Howard County-based, nationally recognized and respected divorce and family law firm. The firm is ranked by its many satisfied clients and legal peers as being a "BEST 10" divorce and family law firm in Howard County,Maryland { see PRIMEBUYERS Report].


In my more than  30 years of representing parties in divorce actions here in Maryland I have never experienced a divorce action that was not traumatic or stressful to the parties (including the children involved). Let us help you through this difficult process.

Tuesday, May 26, 2015

The Lawyer's Mailbox: The Lawyer's Mailbox: COLUMBIA HOWARD COUNTY MARYL...

The Lawyer's Mailbox: The Lawyer's Mailbox: COLUMBIA HOWARD COUNTY MARYL...: The Lawyer's Mailbox: COLUMBIA HOWARD COUNTY MARYLAND DUI 101 - "BEST 10... : www.charlesjeromeware.com              "Here to ...

TIPS FOR MARYLAND LANDLORDS : ASSESSING LEAD PAINT LIABILITY

www.charlesjeromeware.com                " Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, landlord lead-based paint defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you if you have been named as a defendant in a lead paint poisoning lawsuit.


Lead paint is one of the more prevalent and serious environmental health hazards in residential housing built in Maryland before 1978. It is particularly a problem in Baltimore City. Maryland landlords need to be aware of their obligations to disclose any existence of lead paint in or on their residential rental property, and their responsibilities in protecting residents from exposure to this "heavy metal" toxic substance.


The Federal Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE X, covers all dwellings constructed prior to 1978, and requires rental housing owners or their property managers to notify tenants that the property may contain lead-based paint. Testing for lead-based paint or removal is not currently required under Federal law, BUT, in order to comply with Federal, State, and Local Laws, landlords, etc., must follow these steps:


(1) OBEY any state or local lead hazard reduction laws, some of which require testing and careful maintenance, abatement, or removal of lead-based paint.
(2) DISCLOSE known lead-based paint hazards on your property.
(3) PROVIDE residents with an information pamphlet from the  U.S. Environmental Protection Agency (EPA), titled " Protect Your Family From Lead In Your Home." You can get this pamphlet online from The EPA website.


All housing built AFTER January 1, 1978, along with rental units that meet any of the following conditions are exempt from Federal lead-based paint disclosure regulations:
(a) housing for the elderly or persons with disabilities;
(b) Short-term rentals of 100 days or fewer;
(c) Certain university housing, such as dormitory housing or rentals in fraternity or sorority houses;
(d) Zero bedroom units, such as studios, lofts, or efficiencies; and
(e) Housing that has been inspected and certified as lead-free by a Maryland state-accredited lead inspector.

Thursday, May 21, 2015

The Lawyer's Mailbox: COLUMBIA HOWARD COUNTY MARYLAND DUI 101 - "BEST 10...

The Lawyer's Mailbox: COLUMBIA HOWARD COUNTY MARYLAND DUI 101 - "BEST 10...: www.charlesjeromeware.com              "Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, natio...

COLUMBIA HOWARD COUNTY MARYLAND DUI 101 - "BEST 10 DUI-DWI ATTORNEYS", www.charlesjeromeware.com

www.charlesjeromeware.com             "Here to make a Difference."


Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected DUI and DWI defense law; ranked by satisfied clients as well as peers as one of the "BEST 10 DUI and DWI Attorneys" in the State of Maryland [AIDUIA].  For an initial courtesy consultation, contact us at (410) 720-6129. We can help you.


Arrest, and more critically conviction, for drunk driving in Maryland can be absolutely devastating for one's career --- let alone a person's life in general. Maryland drunk driving laws are treated very seriously by law enforcement and handled stringently by the courts. Additionally, these laws can be complicated and complex, depending upon the case circumstances. Defendants are advised to take these cases very seriously. As defense attorneys, we certainly do.


Being charged with  driving under the influence (DUI) is a top motor vehicle alcohol infraction in Maryland. It means, among other things, that your  blood alcohol concentration (BAC) has allegedly been measured at a level of 0.08 % or higher. In Maryland, the offense is so severe that a high 12 points are automatically marked by the Motor Vehicle Administration (MVA) against your driver's license. This results in instant revocation of your Maryland driver's license. The monetary fine for a first DUI offense in Maryland is $1000.00, and it is $2000.00 for a second offense. Additional restrictions and requirements also can be added to your penalties, including court costs, driver alcohol education, alcohol use evaluation, AA and NA classes, community service, etc.


A secondary motor vehicle alcohol infraction in Maryland is driving while intoxicated (DWI). A person can be charged with DWI if their BAC is at least 0.07 % but less than 0.08%.  Motorists charged with DWI can  acquire 8 points against their driving record and a $500 fine (for both a first and second offense).


Under the Maryland implied consent laws you have a couple of options to choose from when offered a Breathalyzer and/or field sobriety test:
(1) Administrative Per Se:  If you fail the roadside sobriety test or blow 0.08% or more in the field, the chances are pretty high that you will be arrested at that point and processed.
(2) Refusal: You can refuse to take these tests, by law, however the State has the right to--- and usually will impose  ---  consequences of your refusal to allegedly " cooperate."  Regardless of that decision, even if you are later found not guilty of the DUI or DWI charges, your driver's license can still be suspended by the Motor Vehicle Administration (MVA).


If your driver's license is revoked due to a DUI or DWI offense, at the very least MVA will probably require you to attend an Alcohol Education Program (AEP) before you apply for a new one.

Wednesday, May 20, 2015

The Lawyer's Mailbox: LEAD POISONING FACTS - PLUMBISM- : BALTIMORE MARYL...

The Lawyer's Mailbox: LEAD POISONING FACTS - PLUMBISM- : BALTIMORE MARYL...: www.charlesjeromeware.com                   " Here to make a Difference." Charles Jerome Ware, LLC is a premier nationally known...

The Lawyer's Mailbox: LEAD POISONING FACTS - PLUMBISM- : BALTIMORE MARYL...

The Lawyer's Mailbox: LEAD POISONING FACTS - PLUMBISM- : BALTIMORE MARYL...: www.charlesjeromeware.com                   " Here to make a Difference." Charles Jerome Ware, LLC is a premier nationally known...

LEAD POISONING FACTS - PLUMBISM- : BALTIMORE MARYLAND LEAD PAINT DEFENSE ATTORNEYS

www.charlesjeromeware.com                  " Here to make a Difference."


Charles Jerome Ware, LLC is a premier nationally known and  respected, Maryland-based, lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.
(1) Lead (Pb) has been mined and used by humankind for over 6,000 years, and the history of lead poisoning (Plumbism) is about 3,000 years old.
(2) Lead (Pb) was known to man as early as 4,000 B.C. The Egyptians, Romans, Greeks and Hebrews, as examples, used lead, and the Phoenicians mined lead ore in Spain around 2,000 B.C.
(3) Early written accounts of lead poisoning (Plumbism) have been found in Egyptian papyrus scrolls, Greek records and Roman documents, etc.
(4) The early Romans, particularly as well as far to their detriment. were fond of adding the sweet-tasting lead to their unremarkable-tasting wine. They developed severe illnesses and experienced painful deaths as a result of long-term use.
(5) The Romans also created and popularized the use of lead in their pipes and other plumbing systems ( hence, the latin phrase " plumbum" for lead (Pb)), pottery, ceramics, toys , cookware, clothes, food, etc.
(6) Because lead (Pb) is very much a "heavy metal" [ Atomic Number: 82], it is unable to dissolve in water or biodegrade, dissipate, decay, or burn. Thus, lead "sticks around" in the environment and can be very hazardous to the human body in sufficient amounts --- causing in many cases Plumbism.
(7) It is estimated by some authorities that over 10 million metric tons of lead residue exists in the en- vironment.
(8) Despite strenuous government-initiated efforts to remove lead from gasoline, paint and plumbing systems, lead still exists in abundance in such things as airborne dust, soil, playgrounds, drinking water, pipes and other plumbing fixtures, food, toys, pottery, ceramics, cosmetics, jewelry, liquids, workplaces, the air we breathe, clothes, etc.
(9) "Uninterrupted" lead paint is not considered harmful to the human body. It is "interrupted" lead paint (e.g., chipped, cracked, peeled, in dust form, etc.) that is ingested or inhaled by the body that can be harmful to humans.
(10) It is children up to age 6 that are most affected by ingestion or inhalation of lead (Pb).


Should you have additional questions about lead paint poisoning, do not hesitate to contact us at (410) 720-6129.  We can help you if you are a landlord facing a lawsuit for lead poisoning in Baltimore, Maryland.

LEAD PAINT POISONING FACTS - Plumbism : BALTIMORE MARYLAND DEFENSE ATTORNEY

www.charlesjeromeware.com                   " Here to make a Difference."


Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected, landlord lead poisoning defense

Monday, May 18, 2015

The Lawyer's Mailbox: BALTIMORE LEAD POISONING FACTS AND REALITIES: MARY...

The Lawyer's Mailbox: BALTIMORE LEAD POISONING FACTS AND REALITIES: MARY...: www.charlesjeromeware.com                   " Here to make a Difference." Charles Jerome Ware, LLC is a premier, nationally reco...

BALTIMORE LEAD POISONING FACTS AND REALITIES: MARYLAND LANDLORD DEFENSE ATTORNEYS

www.charlesjeromeware.com                  " Here to make a Difference."

Charles Jerome Ware, LLC is a premier, nationally recognized and respected, Maryland-based lead poisoning (Plumbism) defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.

Despite  all that is said about lead, lead poisoning and lead paint --- the facts are:

(1) To the best of our knowledge, significant production of lead (Pb) has occurred since at least 3000 BC.
(2) The ancient Roman Empire is credited with being the first society to widely use lead( Pb)--- primarily in their famous plumbing, pottery and cooking wares, and even as an extremely popular "sweet" additive to their unremarkable wine. It is the Romans' tremendous affection for adding lead (Pb) to their wine that is credited partially with the unhealthy downfall of that society. They poisoned themselves [ Ahhh, the "good life."   )  : ].
(3) As stated above with reference to its fatal addition to Roman wine for its "sweetness", lead (Pb) can be an attraction to children for the same reason. make no mistake, lead that is ingested or inhaled in significant amounts can be hazardous to the human body  --- particularly in children up to age 6 years.
(4) One of the major dangers of lead (Pb) when ingested or inhaled is its relative inability to breakdown : i.e., it is not able to dissolve in water or biodegrade, dissipate, decay, or burn. It is estimated that over 10 million metric tons of lead residue is in the earth's environment; and it's not going anywhere else.
(5) When lead paint was marketed and sold before prior to 1978 in the United States it was a perfectly legal consumer and commercial product in tremendous demand because it was, among other things, durable and washable.
(6) Consumer marketing, sale and use of lead paint was banned by the Federal government in late  1977.
(7)  Baltimore City was the first jurisdiction to, in 1951, ban the use of lead pigment in interior paint in Baltimore housing.
(8) We respectfully disagree with those judges and other commentators who say that lead paint poisoning (Plumbism) cases in Baltimore, in many circumstances, are "indefensible". Lead in Baltimore comes from a number of sources, not just lead paint.
(9) Other sources of toxic lead in Baltimore can come from: drinking water, work clothes, soil, playgrounds, food and drinks, pipes and other plumbing fixtures, toys (particularly those from many foreign manufactures such as China, etc,), jewelry, cosmetics, pottery, folk remedies, ceramics, dust, trees, plants, employment locations, hobbies, other products, and even the air we breathe, etc. Lead is everywhere --- not just in "legacy" (old) lead paint.
(10) Lead paint removal is important for landlords to do, but improper lead abatement or removal can increase lead poisoning hazards by creating more lead-infused dust throughout the property. Do not use un-certified self-help or handy workers for this important work on rental properties to others. You may cut-corners on property where you live (owner-occupied property)., but not on property your tenants live.
(11) Maryland law requires that anyone who acts as a supervisor or contractor for the purpose of abating lead paint shall be accredited by the Maryland Department of the Environment (MDE). Workers who perform "purposeful" lead (Pb) abatement or removal shall be trained by a training provider approved by MDE.
(12) "Uninterrupted" lead paint, alone, is not considered harmful to the human body. It is when lead paint is "interrupted" (chipped, cracked, peeled, in dust, etc.) , and ingested or inhaled, that it can be harmful to the human body in sufficient amounts.



Monday, May 11, 2015

The Lawyer's Mailbox: BALTIMORE LEAD POISONING ("PLUMBISM") HISTORY FOR ...

The Lawyer's Mailbox: BALTIMORE LEAD POISONING ("PLUMBISM") HISTORY FOR ...: www.charlesjeromeware.com          " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, national...

The Lawyer's Mailbox: BALTIMORE LEAD POISONING ("PLUMBISM") HISTORY FOR ...

The Lawyer's Mailbox: BALTIMORE LEAD POISONING ("PLUMBISM") HISTORY FOR ...: www.charlesjeromeware.com          " Here to make a Difference." Charles Jerome Ware, LLC is a premier, Maryland-based, national...

BALTIMORE LEAD POISONING ("PLUMBISM") HISTORY FOR LANDLORDS - MARYLAND DEFENSE LAWYER TIPS

www.charlesjeromeware.com         " Here to make a Difference."


Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected, landlord lead poisoning defense law firm.  For an initial courtesy consultation, contact defense attorney  Charles Ware at (410) 720-6129.  He can help you.


Let's state the obvious, first.  Lead poisoning (Plumbism)  did not originate in Baltimore. Lead poisoning existed and was already known in Antiquity in empires like Greece, Egypt and Rome but was forgotten, at least in the literature, until the end of the Middle Ages, where it was mentioned sporadically. In the 19th century the disease of  plumbism reached epidemic proportions during the period of industrialization. In a sense, with more insight, it was in essence  " rediscovered" in countries such as England, Germany and the
United States, etc.


Lead (Pb)  paint is far from being the only source of lead poisoning in Baltimore . Other sources of lead for ingestion and inhalation are drinking water, soil, playgrounds, plumbing, toys, home remedies, jewelry, ceramics, pottery, dust, the workplace, etc.  It should be noted that "uninterrupted" lead paint is unproven to be harmful to the human body. It is "interrupted" lead (Pb) paint ( chipped, peeled, dust, cracked, etc.) that can be hazardous to the body.


Lead paint for residential and consumer use in Baltimore was not always illegal. When lead paint was marketed prior to 1978, it was a lawful product in great demand for a number of reasons, including the fact that it is washable and durable. It was repeatedly endorsed by the Federal government, Maryland state and Baltimore city governments; and it was used on government buildings until the mid-1970s. Its use in buildings peaked in 1922, and by 1940 the use of white lead (Pb) pigments for interiors of buildings was fading fast.


 - In 1951, Baltimore banned the use of lead pigment in interior paint in Baltimore housing --- the first such restriction in the country.


- In 1955, the industry, working with public health officials and organizations, adopted a voluntary national standard to prohibit, in effect, the use of lead pigments in interior residential paints.


-  Through the 1950s and 1960s, the use of exterior lead-based paint declined significantly, and ended by the early 1970s.


- In 1971, the federal Lead Poisoning Prevention Act was passed.


- In 1978, the Federal government banned residential and consumer uses of lead paint.





Wednesday, May 6, 2015

BALTIMORE RENTAL OWNERS AND LANDLORD LEAD(Pb) PAINT - BASIC DEFENSE TIPS - 101

www.charlesjeromeware.com                 " Here to make a Difference."


When it comes down to lead poisoning  (Plumbism) in Baltimore, rental owners and landlords should remember the words (1) PROPERTY MAINTENANCE,  (2) TENANT COOPERATION ,  and (3) RECORD-KEEPING.


Lead Poisoning (Plumbism) in  baltimore is a public health problem. Besides just lead-based paint in residences and other buildings, however, plumbism can occur from a number of other sources of lead(Pb), including, among others: the air residents breathe, drinking water, soil, yards and playgrounds, dust, factories, plumbing pipes and fixtures, home remedies, toys (from some foreign sources such as China, etc.) and other products.


With respect to residential units (apartments and houses) in Baltimore, there are at least three sets of major Federal and Maryland State laws rental owners and landlords are advised to follow:


The  Federal Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE X, was passed in an attempt to reduce the number of lead poisoning victims in the United States. TITLE X is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to rental property buildings that were built before 1978.


The Federal Real Estate Notification Rule of 1996 is a right-to-know law that requires notification and disclosure of certain lead-based paint information to people. One of its requirements is that individuals receive a Lead Paint Pamphlet and Disclosure Form before renting, buying, or renovating pre-1978 built housing. Many residential units ( apartments and houses) constructed prior to 1978 have paint that contains lead(Pb) [ I call it "leagacy"(old) lead-based paint]. Lead from paint, chips,dust,etc., that is ingested or inhaled into the human body may pose serious health hazards if not maintained properly; which is one of the reasons why the required documents must be given to residents in pre-1978 built housing.


Maryland's Reduction of Lead in Housing laws require owners of rental properties built before 1978 to register their residential units with the Maryland Department of the Environment (MDE), distribute specific lead issue educational materials, and meet specific lead-based paint risk reduction standards at certain triggering events such as residential building renovations, etc.


[ Charles Jerome ware, LLC, is a premier Maryland-based, nationally recognized and respected, rental owner and landlord lead paint poisoning defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129 .  We can help you if you have been sued for lead poisoning.]

Friday, May 1, 2015

BALTIMORE LEAD(Pb) ABATEMENT LAWS : MARYLAND DEFENSE ATTORNEY TIPS 101

www.charlesjeromeware.com             " Here to make a Difference."


Charles Jerome Ware, LLC, is a premier, Maryland-based and nationally-resspected, landlord lead (Pb) paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.


Some home renovation tips for Baltimore, Maryland  residential housing landlords with units built before 1978 :


(1) Lead poisoning (Plumbism) is a public health problem in Baltimore and elsewhere in Maryland in residential units (houses and apartments) built prior to 1978.
(2) Homes built before 1978 in Baltimore may contain lead-based paint.
(3) Homes built prior to 1950 in Baltimore likely contain lead-based paint.
(4) Even though lead (Pb) does not dissolve in water or biodegrade, dissipate, decay or burn --- dry scraping, dry sanding and/or burning lead (Pb) paint may release harmful lead dust into the air.
(5) An appreciable amount of lead dust that is ingested or inhaled by young children ( ages 0 to 6 years) and pregnant women can cause serious health problems --- including behavior and learning disabilities, brain damage, and even death.
(6) Lead poisoning ( Plumbism) is a major preventable environmental health hazard affecting children in Baltimore.
(7) An estimated 10 million metric tons or more of lead residue is in the earth's environment. The  majority of it is "legacy" lead (Pb) generated in the environment over thousands of years.
[ Caveat: This stuff does not just go away. It lingers and stays.]
(8) Landlords should hire "professionals" for all lead abatement projects. Under Maryland law, anyone who acts as a supervisor or contractor for the purpose of abating lead (Pb) paint shall be accredited by the Maryland Department of the Environment ( MDE). Workers who perform purposeful lead abatement shall be trained by a training provider approved by MDE.
(9) " Lead paint abatement" work includes any activity that eliminates or reduces lead (Pb) paint hazards, including paint removal, replacement of components, encapsulation, or repainting. Examples of people who provide lead paint services include inspectors, trainers, workers, and supervisors.
(10) Anyone, or any business, that serves as a lead paint contractor, supervisor, inspector, risk assessor, or training provider must be accredited by the State of Maryland. A "certified" individual must must pass an examination and provide proof of relevant experience. Apllications and fees for accreditation are submitted to the MDE Lead Accreditation and Oversight Division.
(11) Anyone who engages in a lead paint abatement service under supervision of an accredited supervisor must successfully complete a training course that has been accredited by the Maryland Department of the Environment (MDE).
(12) A person performing maintenance, repair, or renovation work involving the disturbance of at 3 square feet of lead paint in a residential rental dwelling unit constructed prior to 1950 must follow certain Maryland State lead-safe work practices found at COMAR 26.16.01.
(13) The Federal Pre-Renovation Lead Information Rule, also known as 406(b) of the Toxic Substances Control Act, requires persons performing renovation for compensation in a pre-1978 residential unit to distribute a lead hazard information pampklet before starting the renovation.
(14) Although Maryland lead (Pb) law does not cover contractors doing maintenance or renovation work in an owner-occupied pre-1978 dwelling unit, the contractors need to exercise safe lead work practices since they can generate lead-contaminated dust.
(15) The contractor whose work causes lead poisoning (Plumbism) may not be subject to enforcement action by MDE, but he or she could be judged as liable in a lawsuit for damages to the health of any person poisoned in the dwelling unit.

MARYLAND LANDLORD-TENANT LEAD LAW : BALTIMORE RENTAL HOUSING LEAD DISCLOSURES

www.charlesjeromeware.com     " Here to make a Difference."


Charles Jerome Ware, LLC is a premier, Maryland-based and nationally respected, landlord lead-based paint defense law firm.  If you are a Maryland landlord who has sued in a lead paint case, contact us immediately for an initial courtesy consultation at (410) 720-6129. We defend Baltimore landlords. We can help you.


All Baltimore residential landlords should become aware that lead poisoning (Plumbism) is a public health problem in  the City. In fact, although this law firm respectfully disagrees --- and has successfully proven to the contrary on numerous occasions --- some commentators have suggested that in certain circumstances lead poisoning cases are "indefensible." We know that lead poisoning cases can be defended on a number of grounds.


As the hazards of lead poisoning became more noticeable in the late 20th century, the Federal government was moved to act. In 1992, the Residential Lead-Based Paint Hazard Reduction Act, commonly known as  TITLE X, was enacted in an attempt to reduce the number of lead poisoning (Plumbism) victims in the United States. TITLE X is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to residential rental property that was built before 1978. Among other mandates, the Act requires landlord lead(Pb) disclosures to tenants.


In 1996, Federal law was enacted that requires individuals to receive a Lead Paint Pamphlet and Disclosure Form before renting, buying, or renovating pre-1978 built housing. Many residential units in Maryland built before 1978 have lead-based paint either or both inside and outside of the structure.
It has been shown that "interrupted" lead paint [ that is chipped, peeled, cracked, in dust, etc.] can pose serious health hazards when ingested and/or inhaled in sufficient amount. In the same token, "uninterrupted" lead paint is not believed to be hazardous to one's health.


In the end, Baltimore residential landlords should be vigilent with (1) MAINTENANCE by certified lead workers on their properties, (2) NOTICES to tenants of repair work and lead(Pb) concerns, and (3) UPDATED RECORD-KEEPING regarding their residential properties built before 1978.







BALTIMORE LEAD-BASED PAINT : A BASIC DEFENSE PRIMER

www.charlesjeromeware.com              " Here to make a Difference."


Charles Jerome Ware, LLC, is a premier, Baltimore-based, nationally recognized and respected, landlord lead paint poisoning defense law firm.  For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.


Baltimore has a lead poisoning (Plumbism) problem. It is not necessarily just a  lead-based paint problem; even though legacy lead paint is a contributing factor to this problem. Despite strenuous efforts to remove lead (Pb) from gasoline, plumbing systems and paint, Baltimoreans are still exposed to lead from airborne dust, drinking water, soil, toys, ceramics, pottery, home remedies, jewelry, etc.


With respect to lead-based paint it is important to know that "uninterrupted" lead-based paint, in and of itself, is not considered hazardous to the human body. It is, in fact, "interrupted" lead paint [ i.e., chipped, peeled, cracked, leaded dust, etc.] that is ingested or inhaled into the human body that can be harmful.


This is particularly the case for children ages 0 to 6 years, since they can retain significant lead they inget or inhale. The human body is relatively inefficient in excreting lead.


Because lead (Pb) is not able to dissolve in water or biodegrade, dissipate, decay, or burn, it is very much harmful to the human body. It is estimated that at least 10 million metric tons of legacy lead residue is in earth's environment.


Landlords should be aware that Baltimore residential units (houses and apartments) built before 1978 has a good chance of containing lead-based paint. In 1978, the Federal government banned consumer/residential uses of lead-containing paint.. Therefore, landlords for these pre-1978 built properties should be vigilant and consistent with MAINTENANCE with certified lead-safe professionals, NOTICE to tenants, and RECORD-KEEPING with respect to their residential units.


As a start, landlords must comply with the Federal government's Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as  TITLE X, which was enacted  in an attempt to reduce the number of lead-poisoning victims in the United States. Title X is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related to rental property units that were constructed before 1978.