State Lead Requirements

Each State has its own requirements which property owners in their State must meet, in addition to the federal Lead Disclosure Rule requirements.

Delaware

Washington, DC

Maryland

Pennsylvania

Virginia

West Virginia

DELAWARE

Delaware’s Office of Lead Poisoning Prevention (OLPP) coordinates a comprehensive statewide lead poisoning prevention program. Primary care providers are required by law to order blood-lead screening for children at or around 12 months of age, and for any child up to 72 months of age who may be at risk.

The OLPP is responsible for:

monitoring blood lead screening;
coordination of care for children with elevated blood lead levels
environmental inspections of dwellings where children have been identified with lead exposure;
lead surveillance;
community outreach and education;
lead worker certification and training; and
the establishment of lead work standards.

The OLPP administrative office is in Dover, the state capital. Care coordination is provided through two satellite offices. The Northern Health Services Office provides services to a primarily urban area, including the city of Wilmington, Southern Health Services serves Delaware’s two southern counties, which are largely rural and suburban.

Quick Facts about Delaware’s Program

Delaware's Lead-in-paint standard = 1.0 mcg/sq/cm
Number/percent equal or greater than 10 mg/dl = 873/9%
Number/percent equal or greater than 15 mg/dL = 133/1/3%
Lead worker training requirements are expected by March 1, 1998

Delaware regulations governing lead-based hazards became effective August 11, 1998.

For additional information you may contact:

       Thom May, Chief
       Health Systems Protection Section
       Delaware Health and Social Services
       Division of Public Health
       Jesse Cooper Building
       417 Federal Street, 2nd Floor
       Dover, DE 19903
       Telephone: (302) 744-4546
       e-mail: thom.may@state.de.us

DISTRICT OF COLUMBIA

As of April 9, 1997, the District of Columbia received Congressional approval to enact the legislation to:

Require that individuals and business entities who conduct lead-based paint activities be certified by the Mayor
Require renewals of certification every year for business entities and every 24 months for individuals
Require that training providers for individuals who conduct lead-based paint activities be accredited by the Mayor
Require issuance of a permit prior to conduct of lead-based paint abatement projects
Provide for enforcement of the District's Lead Regulations
Establish fees for training course accreditation, and individual certification

Final Regulations were published as of January 2, 1998.

       Dr. Robert Hamilton
       Interim Program Manager
       Lead-Based Paint Management Program:
       Environmental Health Administration
       Department of Health
       51 N. Street, N.E., Washington, DC 20002
       Telephone (202 )535-2280
       e-mail: robert.hamilton@dc.gov

MARYLAND

In 1988 Maryland Department of the Environment (MDE) promulgated regulations that established work standards for lead abatement projects in residential property and day-care centers. July 1993 House Bill 306 was signed into law and required individuals who engage in lead paint abatement services to be accredited by the Department of the Environment (MDE). On February 24, 1996, regulations were promulgated that require:

Training - Anyone who engages in a lead abatement service must complete a training course that has been accredited by MDE
Accreditation - Anyone or any business that serves as a lead contractor, supervisor, inspector, risk assessor or training provider must be accredited by MDE
Performance Standards - Anyone engaging in lead abatement services or risk reduction treatments must follow certain work standards

In addition, in July 1994 House Bill 760 was signed into law with the goal of reducing childhood lead poisoning, preserving affordable rental housing and to provide liability relief to rental property owners meeting basic risk reduction standards. Owners of pre - 1950 rental dwellings must register all affected properties with MDE and pay a $10 per unit fee annually. At turnover properties must pass a dust test or perform certain risk reduction treatments. A modified standard must be met in response to a notice of defective paint or notice that a child under six or a pregnant woman in the unit has an elevated blood lead.

       Rebecca Gibbs Fahey, Chief
       Lead Accreditation and Oversight Division
       Lead Poisoning Prevention Program
       1800 Washington Boulevard, Suite 630
       Baltimore, MD 21230
       Telephone: (410) 537-3067;
       e-mail: rfahey@mde.state.md.us

PENNSYLVANIA

House Bill 1335 was signed into law (ACT 44 of 1995) by Governor Ridge on July 6, 1995. This bill requires individuals who engage in lead-based paint activities to be certified. It also requires all profit-generating lead training programs that have the responsibility of training persons engaged in lead-based paint activities to be accredited by the Pennsylvania Department of Labor and Industry. On November 8, 1997, Lead Occupation Accreditation and Certification Regulations were proposed and the final regulations became effective November 8, 1997. The regulations are:

That accreditation of training providers be provided to applicants provided that an application is received 30 days before a training provider's first session
Set our specific requirements for courses in each of the five occupation classifications
Incorporate EPA and HUD rules, regulations and guidelines as work practices
Establish fees for training course accreditation and individual certification
Set notification requirements for lead-based paint abatement projects

       Kim Peck, Acting Administrator;
       Asbestos and Lead Program,
       Pennsylvania Department of Labor & Industry,
       1623 Labor and Industry Building,
       7th and Forster St.,
       Harrisburg, PA 17120
       Telephone: (717) 787-1167
       fax: (717) 705-0196
       e-mail: kpeck@pa.state.us
       PA Lead Hotline: 1-800-440-LEAD

VIRGINIA

The Virginia Department of Professional and Occupational Regulation administers regulations which:

Establish entry, renewal and performance standards for firms and individuals engaged in lead-based paint activities
Set approval and performance standards for firms offering training individuals who desire to become licensed to perform lead-based paint activities

The current regulations apply to target housing (constructed before 1978), public and commercial buildings and superstructures. Licenses are required for lead contractors, workers, supervisors, inspector, risk assessors and planner/project designers.

In addition, the Virginia Safety and Health Codes Board adopted the Lead Notification Regulation VR 425-03-185, effective June 26, 1997. This rule requires all certified lead contractors who engage in lead abatement projects in Virginia with a contract value of $2,000 or more to notify the Virginia Department of Labor and Industry at least 20 days prior to commence any work
and to pay a permit fee with each notification. The rule exempts some lead abatement projects in certain residential building from payment of the fee, but notification requirements would still apply.

       Joseph Kossan
       Regulatory Board Administrator
       Virginia Department of Professional & Occupational Regulation
       Asbestos, Lead and Home Inspectors
       3600 West Broad Street
       Richmond, VA 23230
       Telephone: (804) 367-8566
       fax: (804) 367-6128
       e-mail: jkossan@vdh.state.va.us

WEST VIRGINIA

As of August 27, 1997, West Virginia has not been successful in getting lead legislation passed. However, since the 1997 legislative session, there has been a renewed interest in the proposed WV Bureau for Public Health's Lead Licensure Law from state legislators.

The proposed West Virginia legislation has been reviewed and "fine-tuned" by the Department of Health and Human Resources' (DHHR) Regulatory Development staff
Randy C. Curtis, Director of Radiation, Toxics and Indoor Air Division spoke to a Joint Committee for the Judiciary at their August 19, 1997 meeting. At that time, the merit of the proposed law was discussed at length. There appears to be no major opposition to the proposed lead law from any group at this time
With the successful passing of this proposed legislation, emergency rules will be filed allowing them to become effective with the law
Authorization to conduct the lead licensure program in West Virginia is proposed to be filed with the EPA March 1998

Three months ago it appeared impossible for West Virginia to pass the Lead Licensure Law and to receive authorization to run the lead abatement program by August 1998. However, today with some luck and a lot of help from EPA Region 3 we feel that this goal can be achieved within the established time.

       Anthony Turner. R.S., Chief
       Lead and Indoor Air Programs
       Office of Environmental Health Services
       Radiation, Toxics and Indoor Air Division
       Capitol and Washington Streets
       1 Davis Square, Suite 200
       Charleston, West Virginia 25301-1798
       Telephone: 304-558-6716
       Fax 304-558-1289
       e-mail: tturner@wvdhhr.org

Region 3 The Mid-Atlantic States

State Lead Requirements

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