www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally-recognized and respected landlord lead paint defense law firm. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you when you have been sued in a lead poisoning case.
Lead-based paint sales disappeared for residential use in Baltimore housing in 1951, pursuant to Baltimore law. This was the first such restriction on residential lead paint use in the country. Further, lead-based paint sales disappeared pursuant to a Federal law ban in 1978. No houses or apartments constructed in Baltimore since 1978 should contain lead-based paint.
Landlords should be aware when purchasing and renting apartments and house in Baltimore of the year 1978. Pre-1978 built residential properties most likely contain some form of legacy (old) lead paint. Post-1978-constructed residential properties do not contain lead-based paint.
As of December 6, 1996, Federal law requires the disclosure of any known lead hazard in a residential property up for sale or lease. There are only a few exceptions. Sellers and landlords must issue a written notice about the known condition of their properties if they were built before 1978. There is no requirement to test for lead or remove lead, but the 1992 Residential Lead-Based Paint Hazard Reduction Act requires certain forms be filled out and notification given. Regardless of the knowledge the seller or landlord has about lead paints used in the residential property, written notification of the possibility and hazard must be given (unless it has been proven there is no lead-based paint in the dwelling). It is a proactive requirement; it is not possible to comply with the law by taking no action.
One of the biggest sources of toxic lead is lead dust generated from residential renovation, lead removal, and lead abatement projects. Landlords must use qualified people for this work.
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 abatementshall be trained by a training provider approved by MDE. Lead paint abatement work includes any activity that eliminates or reduces lead paint hazards, including paint removal, replacement of components, encapsulation, or repainting. Examples of people who provide lead paint services include inspectors, trainers, and supervisors.
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