2016 -- S 2638

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LC004570

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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: Senators DiPalma, and Felag

     Date Introduced: February 25, 2016

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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

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Hazard Mitigation" is hereby amended to read as follows:

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     42-128.1-4. Definitions. -- The following definitions shall apply in the interpretation and

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enforcement of this chapter:

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      (1) "At-risk occupant" means a person under six (6) years of age, or a pregnant woman,

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who has been a legal inhabitant in a dwelling unit for at least thirty (30) days; provided, however,

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that a guest of any age shall not be considered an occupant for the purposes of this chapter.

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      (2) "Designated person" means either: (i) a property owner, or the agent of the property

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owner, who has completed a housing resources commission approved awareness seminar on lead

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hazards and their control; or (ii) a person trained and certified as either a lead hazard mitigation

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

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      (3) "Dwelling" or "dwelling unit" means an enclosed space used for living and sleeping

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by human occupants as a place of residence, including, but not limited to, a house, an apartment,

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or condominium, but for the purpose of this chapter shall not include, hotels or "temporary

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housing".

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      (4) "Lead abated" means a dwelling and premises which are lead free or lead safe, as

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those terms are defined in chapter 24.6 of title 23.

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      (5) "Lead Free" means that a dwelling, dwelling unit, or premises contains no lead or

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contains lead in amounts less than the maximum acceptable environmental lead levels established

 

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by regulation by the Rhode Island department of health.

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      (6) "Lead hazard mitigation standards" means standards adopted by the housing

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resources commission for a dwelling unit and associated common areas that provide for:

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      (i) A continuing and ongoing responsibility for lead hazard control that includes: (A)

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repair of deteriorated paint; (B) correction of dust generating conditions such as friction or impact

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

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lead hazards; (E) safe work practices;

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      (ii) At unit turnover: (A) the provision of information on lead hazards and their

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avoidance and control to tenants; (B) documentation of lead hazard mitigation compliance; (C) an

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explicit process for notification by tenants to property owners of instances of deterioration in

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conditions effecting lead hazards; and

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      (iii) Maintenance of "lead hazard control." "Lead hazard control" means those portions

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of the lead hazard mitigation standard pertaining to repair of deteriorating paint, correction of

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dust generating conditions, provision of cleanable surfaces, and correction of soil lead hazards

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

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through inspections conducted in accordance with chapter 24.2 of title 45, "Minimum Housing

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Standards", and chapter 24.3 of title 45, "Housing Maintenance and Occupancy Code".

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      (7) "Lead hazard mitigation compliance" means an independent clearance inspection and

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certificate, as specified in this subdivision, undertaken to determine whether the lead hazard

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mitigation measures have been completed. Said inspection shall be valid for two (2) years or until

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

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

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inspection as set forth in this subdivision:

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      (i) An "independent clearance inspection" means an inspection performed by a person

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who is not the property owner or an employee of the property owner and who is authorized by the

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housing resources commission to conduct independent clearance inspections, which shall include:

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

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testing in accordance with rules established by the department of health and consistent with

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federal standards. A certificate of conformance shall be issued by the person who conducted the

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inspection on the passage of the visual inspection and the required dust testing. An independent

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clearance inspection shall be required at unit turn over or once in a twenty-four (24) month

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period, whichever period is the longer. If the tenancy of an occupant is two (2) years or greater,

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the certificate of conformance shall be maintained by a visual inspection as set forth in paragraph

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(ii) of this subdivision.

 

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      (ii) A "visual inspection" means a visual inspection by a property owner or designated

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

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concluded that the lead hazard controls specified in this chapter have been met, the designated

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person may complete an Affidavit of Completion of Visual Inspection. The affidavit shall be

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

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and shall set forth:

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

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awareness seminar;

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

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

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      (D) The date of the visual inspection; and

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

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Completion of Visual Inspection.

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      An Affidavit of Completion of Visual Inspection shall be valid for two (2) years after the

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date it was notarized or until unit turn over, whichever time period is the longer, and shall be kept

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by the property owner for a minimum of five (5) years.

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      (iii) Presumptive Compliance. - A property owner of ten (10) or more dwelling units

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shall be eligible to obtain a certificate of presumptive compliance from the housing resources

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commission provided that the following conditions are met: (A) the dwelling units were

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constructed after 1960 or after 1950 on federally-owned or leased lands, (B) there are no major

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outstanding minimum housing violations on the premises, (C) the property owner has no history

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of repeated lead poisonings, and (D) independent clearance inspections have been conducted on

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at least five (5) percent of the dwelling units, not less than two (2) dwelling units and at least

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ninety (90) percent of the independent clearance inspections were passed. "Repeated lead

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poisoning", for purposes of this paragraph, shall mean a lead poisoning rate of less than one half

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(.5) percent per dwelling unit year, with dwelling unit years being calculated by multiplying the

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

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

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commission. The housing resources commission shall not arbitrarily withhold its approval of

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applications for presumptive compliance. A certificate of presumptive compliance shall be

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deemed to be satisfactory for purposes of demonstrating compliance with the requirements of this

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chapter. If a unit qualifies for a presumptive compliance certificate, by itself having passed an

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

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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

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resources commission to perform independent clearance inspections under this chapter or

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inspections required by 24 CFR 35 Subpart M, or approved by the department of health to

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conduct inspections pursuant to chapter 24.6 of title 23.

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      Lead hazard mitigation inspectors performing independent clearance inspections shall

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not have any interest, financial or otherwise, direct or indirect, or engage in any business or

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employment with regards to:

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      (a) The dwelling unit that is the subject of an independent clearance inspection; or

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      (b) The contractor performing lead hazard control work in the dwelling unit; or

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

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independent clearance inspection unless the lead hazard mitigation inspector discloses his or her

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relationship with the laboratory to the person requesting the inspection and on the inspection

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report.

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      Employees of public agencies and quasi-public agencies that hold a financial interest in

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the property may perform independent clearance inspections.

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

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

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

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sufficient lead hazard reduction to ensure that no significant environment lead hazard is present

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and includes, but is not limited to, covering and encapsulation and is evidenced by a lead safe

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certificate issued by the department of health.

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      (11) "Property owner" means any person who, alone or jointly or severally with others:

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      (i) Shall have legal title to any dwelling, dwelling unit, or structure with or without

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accompanying actual possession of it; or

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      (ii) Shall have charge, care, or control of any dwelling, dwelling unit, or structure as

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owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the

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

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this chapter, and of rules and regulations adopted pursuant to this chapter, to the same extent as if

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that person were the owner.

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      (iii) Notwithstanding the foregoing, no holder of a mortgage or other lien holder who, in

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enforcing a security interest, acquires title by foreclosure or deed in lieu of foreclosure shall be

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considered a property owner for purposes of this chapter, if the holder transfers the title within

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one year after the date the title is acquired; provided, however, if the mortgagee or lien holder,

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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

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

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chapter, as applicable.

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      (12) "Temporary housing" means any seasonal place of residence that is rented for no

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more than one hundred (100) days per calendar year to the same tenant, where no lease renewal

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or extension can occur, and any emergency shelter intended for night to night accommodation.

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      (13) "Tenant turnover" means the time at which all existing occupants vacate a unit and

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all new occupants move into the unit.

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      (14) "Environmental lead poisoning level" means a confirmed venous blood lead level as

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defined pursuant to § 23-24.6-4.

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      (15) "Elderly housing" means a federal, state or local program that is specifically

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designed and operated to assist elderly persons, sixty-two (62) years of age, or older, as set forth

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in a regulatory agreement or zoning ordinance.

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     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

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

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leased lands in the definition.

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     This act would take effect upon passage.

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