2016 -- H 7128

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LC003697

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION

     Introduced By: Representatives Edwards, and Canario

     Date Introduced: January 13, 2016

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-128.1-4 of the General Laws in Chapter 42-128.1 entitled "Lead

Hazard Mitigation" is hereby amended to read as follows:

     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.

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      (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 or after 1950 on federally-owned or leased lands, (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.

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      (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-

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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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LEAD HAZARD MITIGATION

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     This act would make a change in the definition of housing presumed to be in compliance

with lead-safe laws. It would include dwelling units constructed after 1950 on federally-owned or

leased lands in the definition.

     This act would take effect upon passage.

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