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§42-128.1-4  Definitions. –


Published: 2015

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TITLE 42

State Affairs and Government

CHAPTER 42-128.1

Lead Hazard Mitigation

SECTION 42-128.1-4



   § 42-128.1-4  Definitions. –

The following definitions shall apply in the interpretation and enforcement of

this chapter:



   (1) "At-risk occupant" means a person under six (6) years of

age, or a pregnant woman, who has been a legal inhabitant in a dwelling unit

for at least thirty (30) days; provided, however, that a guest of any age shall

not 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 resources

commission approved awareness seminar on lead hazards and their control; or

(ii) a person trained and certified as either a lead hazard mitigation

inspector, an environmental lead inspector, or a lead hazard inspection

technician.



   (3) "Dwelling" or "dwelling unit" means an enclosed space

used for living and sleeping by human occupants as a place of residence,

including, but not limited to, a house, an apartment, or condominium, but for

the purpose of this chapter shall not include, hotels or "temporary housing".



   (4) "Lead abated" means a dwelling and premises which are

lead 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, or

premises contains no lead or contains lead in amounts less than the maximum

acceptable environmental lead levels established by regulation by the Rhode

Island department of health.



   (6) "Lead hazard mitigation standards" means standards

adopted by the housing resources commission for a dwelling unit and associated

common areas that provide for:



   (i) A continuing and ongoing responsibility for lead hazard

control that includes: (A) repair of deteriorated paint; (B) correction of dust

generating conditions such as friction or impact areas; (C) provision of

cleanable surfaces to eliminate harmful dust loading; (D) correction of soil

lead hazards; (E) safe work practices;



   (ii) At unit turnover: (A) the provision of information on

lead hazards and their avoidance and control to tenants; (B) documentation of

lead hazard mitigation compliance; (C) an explicit process for notification by

tenants to property owners of instances of deterioration in conditions

effecting lead hazards; and



   (iii) Maintenance of "lead hazard control." "Lead hazard

control" means those portions of the lead hazard mitigation standard pertaining

to repair of deteriorating paint, correction of dust generating conditions,

provision of cleanable surfaces, and correction of soil lead hazards that can

be identified by visual inspection as provided for in paragraph (5)(ii) of this

section or through inspections conducted in accordance with chapter 24.2 of

title 45, "Minimum Housing Standards", and chapter 24.3 of title 45, "Housing

Maintenance and Occupancy Code".



   (7) "Lead hazard mitigation compliance" means an independent

clearance inspection and certificate, as specified in this subdivision,

undertaken to determine whether the lead hazard mitigation measures have been

completed. Said inspection shall be valid for two (2) years or until the next

turnover of the dwelling unit, whichever period is longer. The requirements for

a clearance review inspection shall be met either by an independent clearance

inspection or a visual inspection as set forth in this subdivision:



   (i) An "independent clearance inspection" means an inspection

performed by a person who is not the property owner or an employee of the

property owner and who is authorized by the housing resources commission to

conduct independent clearance inspections, which shall include: (A) a visual

inspection to determine that the lead hazard controls have been met, and (B)

dust testing in accordance with rules established by the department of health

and consistent with federal standards. A certificate of conformance shall be

issued by the person who conducted the inspection on the passage of the visual

inspection and the required dust testing. An independent clearance inspection

shall 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) years

or greater, the certificate of conformance shall be maintained by a visual

inspection as set forth in paragraph (ii) of this subdivision.



   (ii) A "visual inspection" means a visual inspection by a

property owner or designated person to determine that the lead hazard controls

have been met. If the designated person concluded that the lead hazard controls

specified in this chapter have been met, the designated person may complete an

Affidavit of Completion of Visual Inspection. The affidavit shall be valid upon

its being notarized within thirty (30) days after the completion of the visual

inspection and shall set forth:



   (A) The date and location that the designated person took the

lead hazard control awareness seminar;



   (B) The date and findings of the lead hazard evaluation;



   (C) The date and description of the lead hazard control

measures undertaken;



   (D) The date of the visual inspection; and



   (E) The name and signature of the designated person and date

of the Affidavit of Completion of Visual Inspection.



   An Affidavit of Completion of Visual Inspection shall be

valid for two (2) years after the date it was notarized or until unit turn

over, whichever time period is the longer, and shall be kept by the property

owner 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 of

presumptive compliance from the housing resources commission provided that the

following conditions are met: (A) the dwelling units were constructed after

1960, (B) there are no major outstanding minimum housing violations on the

premises, (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 at

least ninety (90) percent of the independent clearance inspections were passed.

"Repeated lead poisoning", for purposes of this paragraph, shall mean a lead

poisoning rate of less than one half (.5) percent per dwelling unit year, with

dwelling unit years being calculated by multiplying the number of dwelling

units owned by the property owner by the number of years of ownership since

1992. Major minimum housing violations shall be defined by rule by the housing

resources commission. The housing resources commission shall not arbitrarily

withhold its approval of applications for presumptive compliance. A certificate

of presumptive compliance shall be deemed to be satisfactory for purposes of

demonstrating compliance with the requirements of this chapter. If a unit

qualifies for a presumptive compliance certificate, by itself having passed an

independent clearance inspection at least once, that unit's compliance may be

maintained by a visual inspection as set forth in this chapter.



   (8) "Lead hazard mitigation inspector" means either a person

approved by the housing resources commission to perform independent clearance

inspections under this chapter or inspections required by 24 CFR 35 Subpart M,

or approved by the department of health to conduct inspections pursuant to

chapter 24.6 of title 23.



   Lead hazard mitigation inspectors performing independent

clearance 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 independent

clearance inspection; or



   (b) The contractor performing lead hazard control work in the

dwelling unit; or



   (c) The laboratory that is used to analyze environmental lead

samples for the independent clearance inspection unless the lead hazard

mitigation inspector discloses his or her relationship with the laboratory to

the person requesting the inspection and on the inspection report.



   Employees of public agencies and quasi-public agencies that

hold a financial interest in the property may perform independent clearance

inspections.



   (9) "Lead poisoned" means a confirmed venous blood lead level

established by the department of health pursuant to § 23-24.6-4(1).



   (10) "Lead Safe" means that a dwelling, dwelling unit, or

premises has undergone sufficient lead hazard reduction to ensure that no

significant environment lead hazard is present and includes, but is not limited

to, covering and encapsulation and is evidenced by a lead safe certificate

issued by the department of health.



   (11) "Property owner" means any person who, alone or jointly

or severally with others:



   (i) Shall have legal title to any dwelling, dwelling unit, or

structure 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 person

representing the actual owner shall be bound to comply with the provisions of

this chapter, and of rules and regulations adopted pursuant to this chapter, to

the same extent as if that person were the owner.



   (iii) Notwithstanding the foregoing, no holder of a mortgage

or other lien holder who, in enforcing a security interest, acquires title by

foreclosure or deed in lieu of foreclosure shall be considered a property owner

for purposes of this chapter, if the holder transfers the title within one year

after the date the title is acquired; provided, however, if the mortgagee or

lien holder, subsequent to acquiring title, is notified of a lead hazard under

chapter 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 hazard

that shall be required under the provisions of chapter 24.6 of title 23 or this

chapter, as applicable.



   (12) "Temporary housing" means any seasonal place of

residence that is rented for no more than one hundred (100) days per calendar

year to the same tenant, where no lease renewal or extension can occur, and any

emergency shelter intended for night to night accommodation.



   (13) "Tenant turnover" means the time at which all existing

occupants vacate a unit and all new occupants move into the unit.



   (14) "Environmental lead poisoning level" means a confirmed

venous blood lead level as defined pursuant to § 23-24.6-4.



   (15) "Elderly housing" means a federal, state or local

program that is specifically designed and operated to assist elderly persons,

sixty-two (62) years of age, or older, as set forth in a regulatory agreement

or zoning ordinance.



History of Section.

(P.L. 2002, ch. 187, § 3; P.L. 2002, ch. 188, § 3; P.L. 2005, ch.

142, § 2; P.L. 2005, ch. 143, § 2.)