TITLE 42
State Affairs and Government
CHAPTER 42-128.1
Lead Hazard Mitigation
SECTION 42-128.1-8
§ 42-128.1-8 Duties of property owners of
pre-1978 rental dwellings.
(a) Property owners of pre-1978 rental dwellings, which have not been made lead
safe or have not been lead hazard abated shall comply with all the following
requirements:
(1) Learn about lead hazards by taking a lead hazard
awareness seminar, himself or herself or through a designated person;
(2) Evaluate the dwelling unit and premises for lead hazards
consistent with the requirements for a lead hazard control evaluation;
(3) Correct identified lead hazards by meeting and
maintaining the lead hazard mitigation standard;
(4) Provide tenants: (i) basic information about lead hazard
control; (ii) a copy of the independent clearance inspection; and (iii)
information about how to give notice of deteriorating conditions;
(5) Correct lead hazards within thirty (30) days after
notification from the tenant of a dwelling unit with an at risk occupant, or as
provided for by § 34-18-22.
(b) New property owners of a pre-1978 rental dwelling that is
occupied by an at risk occupant shall have up to sixty (60) days to meet
requirements for lead hazard mitigation, if those requirements were not met by
the previous owner at the time of transfer, provided that the new property
owner has the property visually inspected within thirty (30) business days
after assuming ownership to determine conformity with the lead hazard control
standard.
(c) The requirements for lead hazard mitigation shall apply
to the first change in ownership or tenancy after November 1, 2005; provided
further, that unless requested and agreed to by an at-risk occupant, meeting
the lead hazard mitigation standard shall not be construed to authorize a
property owner to compel or cause a person, who is in tenancy on January 1,
2004, and remains in tenancy continuously thereafter, to vacate a rental unit
temporarily or otherwise.
(d) If the tenant receives no response to the notification to
the property owner of deteriorating conditions affecting lead hazards, if the
response is in the tenant's opinion unsatisfactory, or if the remedy performed
is in the tenant's opinion unsatisfactory, the tenant may request a review of
the matter by the housing resources commission. After its review of the matter,
the housing resources commission shall either send notice to the property owner
in which notice shall be issued in a manner substantially similar to a notice
of violation issued by the director pursuant to the Housing Maintenance Code,
chapter 24.3 of title 45, or promptly inform the tenant of the reasons why the
notice is not being issued.
(e) Notwithstanding the foregoing, the provisions of this
chapter shall not apply to common areas in condominium complexes that are owned
and operated by condominium associations, or to pre-1978 rental dwelling units
that are:
(1) Lead-safe or lead free; or
(2) Temporary housing; or
(3) Elderly housing; or
(4) Comprised of two (2) or three (3) units, one of which is
occupied by the property owner; or
The department of health shall report to the legislature
annually on the number of children who are lead poisoned in any of the exempted
dwelling units as referred to in subdivision (e)(4) of this section.
Nothing contained herein shall be construed to prevent an
owner who is seeking to obtain lead liability insurance coverage in the policy
from complying with the provisions of this chapter, by securing and maintaining
a valid and in force letter of compliance or conformance in force.
History of Section.
(P.L. 2002, ch. 187, § 3; P.L. 2002, ch. 188, § 3; P.L. 2004, ch.
221, § 2; P.L. 2004, ch. 223, § 2; P.L. 2005, ch. 142, § 2; P.L.
2005, ch. 143, § 2.)