§ 42-128.1-4 - Definitions.
SECTION 42-128.1-4
§ 42-128.1-4 Definitions. – The following definitions shall apply in the interpretation and enforcement ofthis chapter:
(1) "At-risk occupant" means a person under six (6) years ofage, or a pregnant woman, who has been a legal inhabitant in a dwelling unitfor at least thirty (30) days; provided, however, that a guest of any age shallnot be considered an occupant for the purposes of this chapter.
(2) "Designated person" means either: (i) a property owner,or the agent of the property owner, who has completed a housing resourcescommission approved awareness seminar on lead hazards and their control; or(ii) a person trained and certified as either a lead hazard mitigationinspector, an environmental lead inspector, or a lead hazard inspectiontechnician.
(3) "Dwelling" or "dwelling unit" means an enclosed spaceused for living and sleeping by human occupants as a place of residence,including, but not limited to, a house, an apartment, or condominium, but forthe purpose of this chapter shall not include, hotels or "temporary housing".
(4) "Lead abated" means a dwelling and premises which arelead free or lead safe, as those terms are defined in chapter 24.6 of title 23.
(5) "Lead Free" means that a dwelling, dwelling unit, orpremises contains no lead or contains lead in amounts less than the maximumacceptable environmental lead levels established by regulation by the RhodeIsland department of health.
(6) "Lead hazard mitigation standards" means standardsadopted by the housing resources commission for a dwelling unit and associatedcommon areas that provide for:
(i) A continuing and ongoing responsibility for lead hazardcontrol that includes: (A) repair of deteriorated paint; (B) correction of dustgenerating conditions such as friction or impact areas; (C) provision ofcleanable surfaces to eliminate harmful dust loading; (D) correction of soillead hazards; (E) safe work practices;
(ii) At unit turnover: (A) the provision of information onlead hazards and their avoidance and control to tenants; (B) documentation oflead hazard mitigation compliance; (C) an explicit process for notification bytenants to property owners of instances of deterioration in conditionseffecting lead hazards; and
(iii) Maintenance of "lead hazard control." "Lead hazardcontrol" means those portions of the lead hazard mitigation standard pertainingto repair of deteriorating paint, correction of dust generating conditions,provision of cleanable surfaces, and correction of soil lead hazards that canbe identified by visual inspection as provided for in paragraph (5)(ii) of thissection or through inspections conducted in accordance with chapter 24.2 oftitle 45, "Minimum Housing Standards", and chapter 24.3 of title 45, "HousingMaintenance and Occupancy Code".
(7) "Lead hazard mitigation compliance" means an independentclearance inspection and certificate, as specified in this subdivision,undertaken to determine whether the lead hazard mitigation measures have beencompleted. Said inspection shall be valid for two (2) years or until the nextturnover of the dwelling unit, whichever period is longer. The requirements fora clearance review inspection shall be met either by an independent clearanceinspection or a visual inspection as set forth in this subdivision:
(i) An "independent clearance inspection" means an inspectionperformed by a person who is not the property owner or an employee of theproperty owner and who is authorized by the housing resources commission toconduct independent clearance inspections, which shall include: (A) a visualinspection to determine that the lead hazard controls have been met, and (B)dust testing in accordance with rules established by the department of healthand consistent with federal standards. A certificate of conformance shall beissued by the person who conducted the inspection on the passage of the visualinspection and the required dust testing. An independent clearance inspectionshall be required at unit turn over or once in a twenty-four (24) month period,whichever period is the longer. If the tenancy of an occupant is two (2) yearsor greater, the certificate of conformance shall be maintained by a visualinspection as set forth in paragraph (ii) of this subdivision.
(ii) A "visual inspection" means a visual inspection by aproperty owner or designated person to determine that the lead hazard controlshave been met. If the designated person concluded that the lead hazard controlsspecified in this chapter have been met, the designated person may complete anAffidavit of Completion of Visual Inspection. The affidavit shall be valid uponits being notarized within thirty (30) days after the completion of the visualinspection and shall set forth:
(A) The date and location that the designated person took thelead hazard control awareness seminar;
(B) The date and findings of the lead hazard evaluation;
(C) The date and description of the lead hazard controlmeasures undertaken;
(D) The date of the visual inspection; and
(E) The name and signature of the designated person and dateof the Affidavit of Completion of Visual Inspection.
An Affidavit of Completion of Visual Inspection shall bevalid for two (2) years after the date it was notarized or until unit turnover, whichever time period is the longer, and shall be kept by the propertyowner for a minimum of five (5) years.
(iii) Presumptive Compliance. A property owner of ten(10) or more dwelling units shall be eligible to obtain a certificate ofpresumptive compliance from the housing resources commission provided that thefollowing conditions are met: (A) the dwelling units were constructed after1960, (B) there are no major outstanding minimum housing violations on thepremises, (C) the property owner has no history of repeated lead poisonings,and (D) independent clearance inspections have been conducted on at least five(5) percent of the dwelling units, not less than two (2) dwelling units and atleast ninety (90) percent of the independent clearance inspections were passed."Repeated lead poisoning", for purposes of this paragraph, shall mean a leadpoisoning rate of less than one half (.5) percent per dwelling unit year, withdwelling unit years being calculated by multiplying the number of dwellingunits owned by the property owner by the number of years of ownership since1992. Major minimum housing violations shall be defined by rule by the housingresources commission. The housing resources commission shall not arbitrarilywithhold its approval of applications for presumptive compliance. A certificateof presumptive compliance shall be deemed to be satisfactory for purposes ofdemonstrating compliance with the requirements of this chapter. If a unitqualifies for a presumptive compliance certificate, by itself having passed anindependent clearance inspection at least once, that unit's compliance may bemaintained by a visual inspection as set forth in this chapter.
(8) "Lead hazard mitigation inspector" means either a personapproved by the housing resources commission to perform independent clearanceinspections under this chapter or inspections required by 24 CFR 35 Subpart M,or approved by the department of health to conduct inspections pursuant tochapter 24.6 of title 23.
Lead hazard mitigation inspectors performing independentclearance inspections shall not have any interest, financial or otherwise,direct or indirect, or engage in any business or employment with regards to:
(a) The dwelling unit that is the subject of an independentclearance inspection; or
(b) The contractor performing lead hazard control work in thedwelling unit; or
(c) The laboratory that is used to analyze environmental leadsamples for the independent clearance inspection unless the lead hazardmitigation inspector discloses his or her relationship with the laboratory tothe person requesting the inspection and on the inspection report.
Employees of public agencies and quasi-public agencies thathold a financial interest in the property may perform independent clearanceinspections.
(9) "Lead poisoned" means a confirmed venous blood lead levelestablished by the department of health pursuant to § 23-24.6-4(1).
(10) "Lead Safe" means that a dwelling, dwelling unit, orpremises has undergone sufficient lead hazard reduction to ensure that nosignificant environment lead hazard is present and includes, but is not limitedto, covering and encapsulation and is evidenced by a lead safe certificateissued by the department of health.
(11) "Property owner" means any person who, alone or jointlyor severally with others:
(i) Shall have legal title to any dwelling, dwelling unit, orstructure with or without accompanying actual possession of it; or
(ii) Shall have charge, care, or control of any dwelling,dwelling unit, or structure as owner or agent of the owner, or an executor,administrator, trustee, or guardian of the estate of the owner. Any personrepresenting the actual owner shall be bound to comply with the provisions ofthis chapter, and of rules and regulations adopted pursuant to this chapter, tothe same extent as if that person were the owner.
(iii) Notwithstanding the foregoing, no holder of a mortgageor other lien holder who, in enforcing a security interest, acquires title byforeclosure or deed in lieu of foreclosure shall be considered a property ownerfor purposes of this chapter, if the holder transfers the title within one yearafter the date the title is acquired; provided, however, if the mortgagee orlien holder, subsequent to acquiring title, is notified of a lead hazard underchapter 24.6 of title 23 or § 42-128.1-8(a)(5), then and in that event,the mortgagee or lien holder shall take any steps to reduce the lead hazardthat shall be required under the provisions of chapter 24.6 of title 23 or thischapter, as applicable.
(12) "Temporary housing" means any seasonal place ofresidence that is rented for no more than one hundred (100) days per calendaryear to the same tenant, where no lease renewal or extension can occur, and anyemergency shelter intended for night to night accommodation.
(13) "Tenant turnover" means the time at which all existingoccupants vacate a unit and all new occupants move into the unit.
(14) "Environmental lead poisoning level" means a confirmedvenous blood lead level as defined pursuant to § 23-24.6-4.
(15) "Elderly housing" means a federal, state or localprogram that is specifically designed and operated to assist elderly persons,sixty-two (62) years of age, or older, as set forth in a regulatory agreementor zoning ordinance.