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Washington County, MD Building Safety: Lead Paint (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Livability Code § 2-209(h)
Covered surfaces
Walls, ceilings, doors, trim, frames, radiators, banisters
Exempt surfaces
Intact, good condition, non-biting
Abatement authority
Health Dept. or Environmental Protection Dept.
Max fine
$500 per day, Sec. 2-215
Appeal window
15 days to Building Board of Appeals

Summary

Washington County's Livability Code requires any painted surface in a rental or residential structure that presents a potential lead-paint health hazard to be abated. Surfaces intact and in good condition are exempt unless children could bite them, and abatement follows Health Department procedures.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(h) Lead paint abatement.

(1) In this subsection, "surface" includes walls, ceilings, doors, trim molding, window frames, radiators, and stair banisters.

(2) All surfaces that present a potential health hazard due to lead paint shall have the painted surfaces abated by procedures established by the Department of Environmental Protection and Resource Management of the Environment or the Washington County Health Department.

(3) Intact surfaces in good condition need not be abated unless they present a potential biting surface for children.

Full Breakdown

Article 2, Section 2-209(h) of the Code of Public Local Laws' Livability Code covers "Lead paint abatement" as part of the county's interior structure maintenance standards. The rule defines "surface" broadly to include walls, ceilings, doors, trim molding, window frames, radiators and stair banisters, so the requirement reaches far more than just wall paint. Any surface that presents a potential health hazard due to lead paint must have the painted surface abated using procedures established by the Department of Environmental Protection and Resource Management or the Washington County Health Department, giving property owners two agencies whose protocols satisfy the code.

The code carves out an exception for surfaces that are intact and in good condition, which need not be abated at all, unless they present a potential biting surface for children, in which case abatement is required regardless of the surface's outward condition. This dual test, hazard-based abatement plus a separate biting-surface trigger for children, means a landlord cannot rely on a surface simply looking fine if young occupants could reach and mouth it. The Livability Code sits inside the Code of Public Local Laws (2019) and is enforced by the county's Code Official under the same Article 2 framework that governs premises maintenance, exterior and interior structure, plumbing, mechanical systems and fire safety.

Because the lead-paint provision is one subsection of the broader property-maintenance article, a violation is processed the same way as any other Livability Code violation described in Section 2-215.

Violations & Fines

A property owner who fails to abate a hazardous lead-paint surface is guilty of a misdemeanor under Section 2-215(a)(1), punishable by a fine of up to $500 per day the violation continues, imprisonment up to 90 days, or both. This penalty stacks on top of any other federal, state or local penalty under Section 2-215(a)(2). A court may also treat a landlord's or tenant's violation as evidence of a lease breach under Section 2-215(b), and either party can appeal a Code Official notice to the Washington County Building Board of Appeals within 15 days under Section 3-301.

Frequently Asked Questions

Does Washington County require lead paint removal in rentals?
Yes. Livability Code Section 2-209(h) requires abatement of any painted surface presenting a potential lead-paint health hazard, using procedures set by the Health Department or the Department of Environmental Protection and Resource Management.
Is peeling paint the only trigger for abatement?
No. Intact, good-condition surfaces are normally exempt, but the code still requires abatement if that surface is a potential biting surface for children, regardless of its outward condition.
What happens if a landlord ignores a lead-paint violation notice?
The owner faces a misdemeanor charge under Section 2-215 with fines up to $500 per day the violation continues, up to 90 days in jail, or both, and a court can treat the violation as a lease breach.

Sources & Official References

Other rules in Washington County

All Washington County rules

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