Lead Testing

Baltimore City Lead Laws

“No Occupancy Notice”  (City Building, Fire, and Related)
Allows the Baltimore City Health Department to post a warning sign on any unoccupied dwelling unit that is the subject of a notice or order for the treatment of lead paint.  Prohibits the reoccupancy of the dwelling unit until compliance with the notice or order has occurred. 

Main Provisions:
The Health Department will post 1 or more public notices in, on, or around the unoccupied dwelling unit stating that the dwelling unit may not be reoccupied until the lead paint hazard has been abated.
Reoccupancy of the dwelling unit is prohibited until the lead paint notice or order has been abated and the Health Commissioner has given written approval of reoccupancy.
Criminal fines of up to $500 per day apply to any person who removes, defaces or tampers with the posting sign.
Civil/criminal fines of up to $1000 for each offense apply in the case of unauthorized reoccupancy of the dwelling unit.

Lead Poisoning Screening  (City Health Code)
Mandates the testing of all Baltimore City children for lead poisoning at ages 12 and 24 months and the reporting of test results to the Baltimore City Health Department.  Fines apply to any party that fails to comply with their responsibilities under this law.

Responsibilities for Providers

• Every pediatric and primary care provider must order a blood lead test for their minor patients at ages 12 and 24 months of age.
• Failure to order a blood lead test for the appropriate minor patient will result in a civil fine of $100.  The Health Department and the Maryland Chapter of the American Academy of Pediatrics (AAP) have agreed that no penalties will be levied for the first year the law is in effect.
  

Responsibilities for Child Care Facilities

• Definitions:  Child care facilities include child care centers, child care homes, child care institutions, family day care homes, non-public nursery schools, or non-public kindergartens.
• Duty to Report: Each child care facility must report to the Baltimore City Health Commissioner whenever that facility receives a State Health Inventory or other report that contains information on whether a child who resides in the City has been tested for lead poisoning. 
• Timeframe for Reporting:  The child care facility report must be made within fourteen days after the State Health Inventory or other report is received by the facility and contain the information the Commissioner requires.
• Penalties:  Child care facilities not in compliance with this law and its regulations are subject to a civil penalty of not more than $100 for each violation.

Responsibilities for Parents

• Every parent and guardian must provide for the testing for lead poisoning of his or her child/children at ages 12 and 24 months.
• Penalties: Parents who are not in compliance with this law and its regulations are subject to a civil penalty of not more than $100 for each violation.
• No penalties will be levied against parents for the first year the law is in effect.

Tracking and Monitoring Lead Poisoning

The Baltimore City Health Department will develop a lead testing registry to track childhood lead testing in the City.  The registry will be modeled after the City’s successful Baltimore Immunization Registry Program (BIRP) and will be operational on July 7, 2000.

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