.02 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Accessible surface” means a surface that a child can mouth or chew.
(2) “Commissioner” means the Commissioner of the Baltimore City Health Department or the Commissioner’s designee.
(3) “Department” means the Baltimore City Health Department.
(4) “Deteriorated surface” means an interior or exterior surface with the presence of chipping, peeling, or flaking paint.
(5) “Elevated blood lead level (EBL)” has the meaning stated in MD Environment Art. §6-801(f).
(6) “Encapsulant coating” means a liquid that forms a covering over lead-based paint.
(7) “Enclose” means the installation of a solid, durable material that is approved by the Department over a lead hazard.
(8) “Environmental investigation” has the meaning stated in COMAR 26.16.8.03(B)(12).
(9) “Friction surface” has the meaning stated in COMAR 26.16.08.03(B)(15).
(10) “Ground cover” means a substance used to cover bare soil, including:
(a) Grass;
(b) Mulch;
(c) Plants; or
(d) Cement.
(11) “Impact surface” has the meaning stated in COMAR 26.16.08.03(B)(17).
(12) “Lead dust clearance test” means a test conducted in accordance with this chapter intended to confirm that concentration of lead dust is within the limit prescribed by applicable law.
(13) “Lead free” has the meaning stated in MD Environment Art. §6-801(l).
(14) “Lead hazard” has the meaning stated in COMAR 26.16.08.03(B)(19).
(15) “Lead-safe housing” has the meaning stated in MD Environment Art. §6-801(m).
(16) “Multi-family dwelling” means a building or part of a building that contains more than two dwelling units.
(17) “Occupant” means an individual:
(a) Living or sleeping in a building; or
(b) That has possession of a space within a building.
(18) “Operator” means a person who has charge, care, or control of all or a portion of a property.
(19) “Owner” has the meaning stated in MD Environment Art., §6-801(o).
(20) “Primary residence” means a residential property where a child or pregnant woman with an elevated blood lead level resides.
(21) “Reference level” has the meaning stated in MD Environment Art., § 6-801(q).
(22) “Relocation expenses” means the cost of moving a tenant to lead-safe housing, including:
(a) Transportation expenses;
(b) Rent or per diem cost of temporary lead-safe housing;
(c) Meal expenses, if the temporary lead-safe housing does not contain meal preparation facilities; and
(d) Cost of moving, hauling, or storing furniture and other personal belongings.
(23) “Retaliation” means to take an adverse action against an individual, including the initiation of eviction proceedings or alteration of the terms of an individual’s tenancy, in response to a notice or order issued by the Commissioner pursuant to this chapter.
(24) “Secondary property” means a structure occupied for 10 or more hours a week by a child or pregnant woman that is the subject of an elevated blood level report in the 12 months preceding an elevated blood level report to the Department.
(25) “Secondary source” means a lead exposure risk that is not derived from a painted surface or structural component of a property, including:
(a) Water;
(b) Toys, jewelry, or ceramic food ware;
(c) Cosmetics;
(d) Traditional medicine or herbal remedies;
(e) Food;
(f) Art supplies;
(g) Antique furniture or furnishings;
(h) Candles or incense;
(i) Burned material; or
(j) A source of lead identified by the XRF analyzer or lab analysis.
(26) “Tenant” means a person who has the lawful right of possession of all or part of a property.
(27) “Violation notice” means a document issued by the Commissioner that contains:
(a) A statement noting the presence of a lead hazard; and
(b) The information required by these regulations.
(28) “Window well” means the space that provides exterior access or light to a window that is below ground level.
(29) “XRF analyzer” means a portable instrument that determines lead concentration using the principles of x-ray fluorescence.
