2012 -- S 2636

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LC01926

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - LEAD POISONING PREVENTION ACT

     Introduced By: Senators Pichardo, Jabour, Pinga, Metts, and Crowley

     Date Introduced: March 01, 2012

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-24.6-15, 23-24.6-20, 23-24.6-26 and 23-24.6-27 of the General

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Laws in Chapter 23-24.6 entitled "Lead Poisoning Prevention Act" are hereby amended to read as

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follows:

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     23-24.6-15. Inspections of rental property. -- (a) The director shall, in conjunction with

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the housing resources commission, promulgate regulations permitting state inspectors to conduct

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such lead inspections as may be appropriate in response to any complaint to the department or the

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housing resources commission, by an occupant or the parent or guardian of any child under the

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age of six (6) years who is an occupant renting or leasing a dwelling, dwelling unit, or premises

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of the existence of a lead exposure hazard for a child under the age of six (6) years in that

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dwelling, dwelling unit, or premises. These regulations will allow for response to the complaints

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to be prioritized based upon the age of the structure and the nature and degree of hazard present.

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      (b) Whenever a comprehensive environmental lead inspection has been performed either

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pursuant to a complaint or otherwise, the owner and/or any real estate agent or property manager

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involved in renting or leasing the dwelling, dwelling unit, or premises shall provide the results of

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the inspection to occupants pursuant to regulations promulgated by the department, as follows:

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      (1) Those persons occupying the dwelling, dwelling unit, or premises at the time the

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inspection is performed shall be notified of the results within five (5) business days after the

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owner receives the results;

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      (2) All persons who are prospective occupants shall be notified of the inspection results

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if a significant lead hazard exists, before any lease is signed or before occupancy begins in cases

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where no lease is signed;

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      (3) This notice provision terminates with the performance of the necessary lead

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reduction actions required to reach at least the "lead safe" level. The department shall provide the

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owner with a certification of lead reduction for the dwelling.

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      (c) Failure to provide inspection results and/or educational materials pursuant to this

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chapter shall subject the lessor or his or her agent to a civil penalty of not less than one hundred

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dollars ($100) nor more than five hundred dollars ($500) for each violation an administrative fine

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pursuant to section 23-24.6-27.

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     23-24.6-20. Licensure or certification of environmental lead inspectors and lead

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contractors, supervisors, and workers. -- Licensure of environmental lead inspectors and

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lead contractors, supervisors, and workers. -- (a) The department shall provide for the

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certification of training programs for environmental lead inspectors and for lead contractors,

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supervisors, workers, and other persons engaged in environmental lead hazard reduction pursuant

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to the provisions of this chapter. The department shall establish standards and specifications for

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training courses including, at a minimum, the required length of different training programs,

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mandatory topics of instruction, and required qualifications for training programs and instructors.

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Hands on instruction shall be a component of the required training.

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      (b) The department shall establish procedures and issue regulations requiring the

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certification licensure of environmental lead inspectors, and the licensure or certification, as

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appropriate, of all lead contractors, supervisors, workers, and other persons engaged in

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environmental lead inspection and/or lead hazard reduction pursuant to the provisions of this

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chapter. These regulations:

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      (1) Shall prescribe the requirements for licensure and certification and the conditions and

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restrictions governing the renewal, revocation, and suspension of licenses and certificates;

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requirements for licensure and for renewal of licensure shall include, but not be limited to, the

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following:

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      (i) Compliance with the lead hazard reduction regulations in section 23-24.6-17; and

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      (ii) Required training of environmental lead inspectors and of lead contractors,

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supervisors, workers, and other persons engaged in environmental lead hazard reduction in

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subjects including but not limited to safe work practices, instruction in health risks, precautionary

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measures, protective equipment, and other practices including practices to prevent contamination

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of the residential premises, ambient discharges and ground contamination, respiratory protection,

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new lead hazard reduction techniques and technologies, applicable federal and state regulation,

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and hands on instruction for equipment and techniques to be used; a minimum of twenty (20)

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hours of training shall be required as a condition of licensure for workers; additional hours of

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training shall be required for supervisors and contractors; annual a refresher training course shall

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also be required;

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      (2) May provide for Rhode Island to reciprocally certify and/or license persons certified

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and/or licensed by other states with comparable requirements.

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      (c) No person shall enter into, engage in, or conduct comprehensive environmental lead

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inspections or environmental lead hazard reduction activities covered by department regulations

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once those regulations have been promulgated as specified in section 23-24.6-12 without having

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successfully completed a certified training program and without having been certified or licensed,

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as appropriate, by the department. Each trained and certified or licensed person shall be issued a

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photo identity card.

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      (d) The department shall, in conjunction with the housing resources commission,

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develop and periodically update lists of all licensed and certified inspectors, contractors,

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supervisors, workers' and other persons who perform environmental lead hazard reduction in

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Rhode Island and make those lists available to interested parties and the public.

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      (e) (1) The department shall enforce the provisions of this section as appropriate and

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shall have all necessary powers for enforcement.

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      (2) The department may revoke, suspend, cancel, or deny any certification or any

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license, at any time, in accordance with chapter 35 of title 42 if it believes that the terms or

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conditions of these are being violated or that the holder of, or applicant for, the certification or

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license has violated any regulation of the department or any other state law or regulation. Any

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person aggrieved by a determination by the department to issue, deny, revoke or suspend any

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certification or license may request an adjudicatory hearing.

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      (3) When any person violates the terms or conditions of any certification or license

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issued under this section or any state law or regulation, the director shall have the power by

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written notice to order the violator to cease and desist immediately. The department may file a

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written complaint with the district court in the jurisdiction in which the violation occurred.

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Punishment by an administrative fine not to exceed one thousand dollars ($1,000) under this

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section pursuant to section 23-24.6-27 may be in addition to the suspension of any license or

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certification.

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      (4) Any state inspector may issue an immediate cease work order to any person who

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violates the terms or conditions of any license or certification issued under this section or any

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provision of this chapter or any regulation or order issued under this chapter if the violation will

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endanger or materially impair the health or well being of any occupant, any environmental lead

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inspector, or any contractor, supervisor, worker, or other person engaged in environmental lead

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hazard reduction.

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      (f) Nothing in this section shall be construed to limit the authority of the department of

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health, the department of labor and training, or the department of environmental management

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under the provisions of any other law.

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     23-24.6-26. Rules and regulations. -- The director is authorized to adopt, modify, or

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repeal and promulgate rules and regulations as are in accord with the purposes of sections 23-

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24.6-1 -- 23-24.6-27, and shall be subject to the Administrative Procedures Act, chapter 35 of title

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42. All rules and regulations promulgated by the director shall provide for the use of "lead safe"

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reduction as the preferred method where possible to meet the requirements of this chapter. The

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rules shall provide for notification, pursuant to the provisions of section 23-24.6-12, to occupants

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of a premise, of lead hazards following a comprehensive environmental lead inspection at the

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premises when there is a reasonable likelihood that given the age, type, and condition of the

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premises that significant lead hazards are present in other dwelling units. The rules shall also

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specify the required frequency for all refresher training courses, not to exceed every three (3)

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years.

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     23-24.6-27. Administrative fines. -- (a) In addition to any other enforcement authority

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granted under this chapter, whenever on the basis of any information, the department determines

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that a person has violated or is in violation of section 23-24.6-12, 23-24.6-13, 23-24.6-14 or 23-

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24.6-15 regarding inspections, section 23-24.6-17 regarding lead hazard reduction, or section 23-

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24.6-20 regarding licensure or certification, any rule or regulation promulgated pursuant to any of

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these sections, or any orders issued under any of these sections, rules or regulations, the director

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may issue an order civilly fining the person one hundred dollars ($100) an amount not to exceed

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five thousand dollars ($5,000) per day for any each current or past violation, requiring

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compliance immediately or within a specified time period, or both. Each day of continued

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violation may be considered a separate violation. Each violation in any premises may be

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considered a separate violation.

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      (b) Within thirty (30) days after any order issued pursuant to this section is served, the

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order shall become final unless the person or persons named in the order request a hearing. Upon

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that request, the director shall conduct a hearing as soon as reasonably possible.

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      (c) In connection with any proceeding under this section the director may issue

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subpoenas for attendance and testimony of witnesses and the production of papers, books,

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documents, and other materials.

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      (d) If any person liable to pay any civil fine neglects or refuses to pay after demand, the

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amount together with interest and any other costs that may accrue shall be a lien in favor of the

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state upon only the real property of the person which is subject to the order only after the lien has

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been entered and recorded in the city/town in which the property is situated.

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      (e) In determining the amount of any civil fine pursuant to this section, the director shall

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consider the willfulness of the violation, the circumstances and severity of the violation, the

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ability of the violator to comply, damage or injury to public health and welfare, including

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elevated blood levels of impacted children, environmental damage to the premises and

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neighborhood, possible economic benefits realized by the violator, the costs incurred by the state,

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and any other relevant factors.

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      (f) The director shall issue regulations to implement this section. At a minimum, the

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regulations shall set forth how long after receiving any order from the director or any other notice

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of a violation a person has to comply with the law before civil fines will be assessed, the

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circumstances in which no grace period will apply, the circumstances in which any grace period

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may be extended, and the procedure and times frames to request an extension. The regulations

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shall also include a penalty matrix to be used as a guide in the calculation of a fine levied

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pursuant to this section.

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      (g) Any fines levied pursuant to this section shall be done in lieu of any civil penalties

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issued pursuant to section 45-24.3-18(a), and no housing authority shall issue any civil penalty for

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the same violation.

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     SECTION 2. This act shall take effect upon passage.

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LC01926

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - LEAD POISONING PREVENTION ACT

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     This act would amend “The Lead Poisoning Prevent Act” (RIGL 23-24.6) to provide for

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a longer licensing period to make the licensing process less labor intensive by eliminating the

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requirement for annual refresher courses, to clarify language used to distinguish licensure and

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certification, and to bring the fining authority in line with EPA requirements for the program to

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receive delegation of authority.

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     This act would take effect upon passage.

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LC01926

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