(a) Whenever a child under age 6 with an elevated blood lead level resides in, or regularly visits a dwelling unit or child-occupied facility in the District, or upon reasonable belief that any other property located in the District may have contributed to a child's lead exposure, the Mayor shall conduct a risk assessment of the appropriate properties, and the owner, occupant or owner's agent shall cooperate with and shall not impede the Mayor's conduct of such assessment.
(b) Upon reasonable belief, which may be based upon a request by a tenant or may be based on other information, that there is risk of a lead-based paint hazard in a dwelling unit, accessible common area, or child-occupied facility constructed before 1978, the Mayor shall take action, which may include a risk assessment, clearance examination, or visual examination of the dwelling unit, accessible common area, or child-occupied facility, and provide a report to the owner and the tenant.
(c) Whenever action taken by the Mayor pursuant to subsection (a) or (b) of this section identifies lead-based paint hazards, the Mayor shall determine the actions necessary to eliminate the lead-based paint hazards at the property, including abatement or interim controls, and may order the property owner to perform any action considered necessary by the Mayor to protect the health and safety of the occupants of the property, including relocation in accordance with subsection (d)(1)(D) of this section.
(d)(1) Upon receipt of an order from the Mayor described in subsection (c) of this section, the owner of the property shall:
(A) Perform the measures required by the Mayor to eliminate any lead-based paint hazards and underlying conditions;
(B) Obtain a permit from the Mayor, if the elimination of lead-based paint hazards and underlying conditions employs abatement;
(C) Ensure that any individual working to eliminate identified or presumed lead hazards:
(i) Abides by the work practice standards of § 8-231.11; and
(ii) Is trained in lead-safe work practices.
(D) Make temporary comparable alternative arrangements for the relocation of any person at risk who is a tenant residing at the property, as determined by the Mayor, in accordance with paragraph (2) of this subsection; and
(E) Reimburse the Mayor for the costs associated with conducting the risk assessment.
(2)(A) The owner shall pay all reasonable temporary relocation expenses that may be required until the dwelling unit has passed a clearance examination and a reasonable amount of time has passed to allow the tenant to return to the dwelling unit, unless a risk assessment report issued by the Mayor states that temporary tenant relocation is not necessary.
(B) The Mayor shall provide a tenant with a copy of any order by the Mayor regarding temporary relocation within 5 days of issue. Before any relocation of a tenant, the owner shall provide the tenant with at least 14 days of written notice, unless a shorter time period is ordered by the Mayor or agreed to by the owner and the tenant. The owner shall make all reasonable efforts to provide to the tenant as early as possible before the commencement of the proposed relocation the contact information and address of the temporary unit and a statement that the tenant has the a right to return to the unit at the conclusion of work to eliminate any lead-based paint hazards and underlying conditions, and under the same terms.
(C) The owner shall make all reasonable efforts to minimize the duration of any temporary relocation, and shall determine whether there are any appropriate temporary relocation units within the same housing accommodation.
(D) The owner shall make all reasonable efforts to ensure that the household is relocated to a dwelling unit that is in the same school district or ward, near public transportation, as appropriate.
(E) The tenant has a right to return to the unit under the same terms at the conclusion of the work to eliminate lead-based paint hazards.
(F) In lieu of relocation to a dwelling unit identified by the owner, the tenant may agree to make alternative arrangements for temporary relocation.
(3) The owner shall comply with requirements of this subsection within 30 days of receipt of a written order from the Mayor, unless otherwise directed on the notice. The 30-day time period may be extended by the Mayor, in increments of a maximum of 30 days, in response to a timely written request for extension from the owner or tenant, in such manner as required by the Mayor by rule; provided, that the Mayor shall extend the 30-day time period only if the owner has provided a good-faith basis for the request.
(4) Upon completion of the work ordered by the Mayor in subsection (c) of this section, the owner shall submit to the Mayor and any tenant a clearance report that has been completed by a risk assessor. If the elimination of lead-based paint hazards and underlying conditions employs interim controls, the Mayor may require that the owner submit to the Mayor a clearance report periodically, as determined by the Mayor, following the date of the initial clearance report.
(e) Nothing in this section shall be construed to interfere with tenants' rights under other District law. If the owner intends to substantially rehabilitate, demolish, or discontinue any housing accommodation to comply with the requirements of this chapter, the procedures set forth in §§ 42-3505.01 and 42-3507.01 shall apply.
(f) Whenever presumed lead-based paint is identified in an uncontained and non-intact condition, the Mayor shall be authorized to issue a Notice of Violation. A Notice of Violation shall include an order to repair non-intact presumed lead-based paint and its underlying cause using lead-safe work practices, and shall require production of a clearance report. Presumed lead-based paint may be rebutted by production of a lead-based paint inspection report from an inspector or risk assessor, affirming that such paint is not lead-based.
CREDIT(S)
(Mar. 31, 2009, D.C. Law 17-381, § 4, 56 DCR 1596; Mar. 31, 2011, D.C. Law 18-348, § 2(c), 58 DCR 717.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18- 348, in subsec. (b), substituted “shall take” for “shall, in his or her discretion” and substituted “1978,” for “March 1, 1978,”; in subsec. (c), substituted “and may order the property owner to perform any action considered necessary by the Mayor to protect the health and safety of the occupants of the property, including relocation in accordance with subsection (d)(1)(D) of this section” for “and order the property owner to perform those measures required to eliminate the lead-based paint hazards and underlying conditions, and any other action considered necessary by the Mayor to protect the health and safety of the occupants of the property” ; and, in subsec. (d)(2)(A), substituted “examination and a reasonable amount of time has passed to allow the tenant to return to the dwelling unit” for “examination”.
Legislative History of Laws
For Law 17-381, see notes following § 8-231.01.
For history of Law 18-348, see notes under § 8-231.01.