§ 23-24.6-17 - Lead hazard reduction.
SECTION 23-24.6-17
§ 23-24.6-17 Lead hazard reduction. –(a) The director shall promulgate lead hazard reduction regulations. Theseregulations shall:
(1) Specify the circumstances under which owners ofdwellings, dwelling units, or premises must undertake lead hazard reduction inorder to remedy conditions that present a clear and significant health risk tooccupants of the dwelling, dwelling unit, or premises;
(2) Define lead hazard reduction with respect to both thesources of lead that must be treated and acceptable and unacceptable treatmentmethods;
(3) Require owners to make all reasonable efforts to ensurethat occupants are not present during the lead hazard reduction; variances maybe granted according to regulations; provided, that the owners are notresponsible for providing alternative housing. If the occupants refuse tovacate the premises after all reasonable efforts by the owner to ensurecompliance within this section, then the owners are exempt from any liabilityarising out of the occupants' noncompliance. If the occupants are required tovacate the premises for a three (3) day period or longer, there shall be apro-rata adjustment or abatement of the rent during the period of lead hazardreduction;
(4) Specify containment and clean up measures to be taken aspart of lead hazard reduction activities;
(5) Contain measures to protect the occupational safety andhealth of lead inspectors, contractors, supervisors, workers, and other personswho perform lead hazard reduction which may be more, but not less, stringentthan applicable federal standards; and
(6) Specify the circumstances under which owners ofdwellings, dwelling units, or premises must undertake lead hazard reduction toat least the lead safe level of protect occupants and neighbors.
(b) Until November 1, 2005, the owner of any dwelling,dwelling unit, or premises shall be considered as an "innocent owner", andliability as to lead poisoning is limited to the reduction of any lead hazardas determined by a comprehensive environmental lead inspection within therequirements of the Housing Maintenance and Occupancy Code, chapter 24.3 oftitle 45. The "innocent owner" provision will cease upon the owner'sunreasonable failure to correct any lead paint violation within ninety (90)days of notice as provided in that chapter. Provided, any owner who hasreceived notices on three (3) or more properties shall be presumed to be anunreasonable failure to correct.
(2) "Innocent owner" status, and the limits on liability setforth in this subsection, shall not apply to any incident of childhood leadpoisoning reported to the department on or after November 1, 2005, andliability for lead poisonings after November 1, 2005, but shall include suchcorrection of lead hazards as may be required by this chapter.
(c) The owner of any dwelling, dwelling unit, or premises whofails to provide for lead hazard reduction as required by departmentregulations shall be issued a notice of violation by the director in the mannerprovided by the Housing Maintenance and Occupancy Code, chapter 24.3 of title45. In addition to any other enforcement authority granted under this chapter,the department shall have the authority to utilize pertinent provisions of thatcode in enforcing this section in the same manner as an enforcing officer underthe code, including but not limited to the provisions of §§45-24.3-17 – 45-24.3-21, except that the director or his or her designeemay provide a reasonable time up to ninety (90) days for the correction of anyviolation alleged and, except where there exists a hardship as to financing thelead hazard reduction, or where material, personnel, or weather delays thereduction completion. Except as herein provided, if after ninety (90) daysfollowing the date of issuance of a notice of violation by the department, theowner has failed to correct the lead hazards, the department shall issue asecond notice of violation.
(d) One or more lead paint waste depositories shall beestablished and be in operation by January 1, 1993. The department ofenvironmental management shall work with the solid waste management corporationto promulgate regulations governing these lead paint waste depositories.
(2) Each lead paint waste depository may set fees to coverthe costs of lead paint waste storage, reduction, consolidation, incineration,and/or out of state disposal.