DC ST D. I, T. 8, Subt. A, Ch. 1, Subch. VIII is the section of DC Official Code that contains the Lead Base Paint Abatement law. Under this law individuals and business are prohibited from performing lead based paint activities unless they are certified abatement contractors, risk assessors or inspectors. The law also prohibits the sale, delivery, transfer of anything for which a child might use that contains lead based paint. The law generally prohibits lead based paint activities in any area where children under the age of six spend a relatively long period of time.

As defined by Title 8, Subtitle A, Chapter1, Subchapter VIII, abatement is/are any “measure/s” that are taken to permanently remove lead based paint hazards from a property. The Various activities defined as abatement include: removing lead based paint and dust, permanent enclosure or encapsulation, replacing lead based painted surfaces, removing or permanently covering soil.

Lead based paint is defined as any paint or surface coating that contains lead or lead compounds that exceed 0.5% of the total weight of the material being used or 0.7 mg/cm2

Work Discipline Requirements

In the District of Columbia there are various levels of certification one may have to perform lead paint activities. A brief description of each is provided below.

Risk Assessor: Must have completed 16 hours of an DC accredited training course as well as have taken and passed the Lead Inspector Course. The Risk assessor must also have related educational and work experience and complete 4 hours of hands on instruction.

Lead Inspector: Has completed 24 hours of a DC accredited training course and pass the exams. The Lead Inspector must also have related educational and work experience and complete 8 hours of hands on instruction.

Supervisor: Has completed 32 hours of a DC accredited training course as well as pass certification exams. The supervisor must also have related educational and work experience and complete 8 hours of hand on instruction.

Project Designer: Has completed 8 hours of a DC accredited training course and 32 hour supervisor’s training course as well. Related education and work experience is also required.

Worker: Has completed 16 hours of an accredited Lead Worker training. The Worker must also have related educational and work experience.

Business Entitiy: Must employ only individuals who possess appropriate verifications to perform lead based paint activities. Individuals must follow work practice standards.

The Need For Certified Contractors

As described above, only certified contractors or risk assessors are permitted by DC law to perform lead paint activities. Thus if lead paint activities are required in your home, you must use a certified contractor.

CLICK HERE for a link to the DC Department of the Environment’s list of certified firms/entities. This is the link : http://ddoe.dc.gov/ddoe/cwp/view,a,1209,q,495316.asp

Tenant Rights

Tenants have the right to rent a safe, clean and sanitary swelling that is in good condition and free from rodents and vermin. The Tenant has the right request that he/she examine the property prior to paying the rent, security deposit or moving in. The landlord is responsible for maintenance of the property to ensure its safety and that it remains in good condition. (The tenant must help in maintaining the property i.e. keeping it clean etc…).

DC Housing Code States:

Title 42. Real Property
Subtitle VII. Rental Housing
Chapter 32A. Lead Level Test of Water in Multiple Dwellings

Tenants have the right to request that the owner of their rental property order a water lead level test kit from the DC Water and Sewer Authority. He/she must do so within 15 days of a written request from the tenant. Within 15 days of receiving the test kit the owner must provide it to the tenant or owner-occupant. And within 15 days of receiving the results from WASA, the owner must provide the tenant or owner occupant with the written results for anyone who asks for it and it must be posted in a ‘conspicuous’ place on the premises.

Lead Based Paint Inspections:

If / when a child six years old or younger is found to have an elevated blood lead level, the housing unit in which the child lives is subject to an inspection for lead hazards. Inspections may also be conducted at any other ‘dwelling’ where the child spends a reasonable amount of time. These include grandparents’ houses or childcare centers. If a lead hazard is found, the owner of the property is issued a housing violation stating he/she must remedy the property.

DC Law:

Title XX. Childhood Lead Poisoning Screening and Reporting

The Law requires that children must have a blood lead test before their first birthday!

This act outlines the requirements of physicians to screen children in the District of Columbia for lead poisoning. Section 2003 titled “Childhood Lead Screening and reporting requirements” states that each healthcare provider must inform parents of the requirement for periodic blood test. It also states that a blood test must be performed AT LEAST once between the ages of 6 and 9 months AND again between the ages of 22 and 26 months. However, if a child is over the age of 26 months and not blood lead test has been performed, then the child must be screened TWICE before the age of six.

Federal Law:

There are three main Federal laws that regulate Lead Hazards in rental housing.

1 ) Lead Based Paint Hazard Reduction Act of 1992:

You have the RIGHT to be told about any existing lead based paint hazards in your home!

Please provide a link to this site:
http://www.epa.gov/lead/pubs/titleten.html

Section 1018 of Title X requires the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA) to regulate that known lead based paint hazards are disclosed by sellers and/or lessors of housing built prior to 1978. The law requires that before any obligations are contracted the seller or lessor must:

• Provide the purchaser or lessee with a lead hazard information packet.
• Disclose any knowledge regarding the presence of lead-based paint hazards
• Provide any evaluation reports regarding lead-based paint hazards
• Allow the purchaser 10 days (unless another period of time is mutually agreed upon) to have a risk assessment or inspection conducted for the presence of lead hazards
• Any purchase or sale contract MUST contain a Lead Warning Statement and a signed statement by the purchaser that he/she has:
• Read and understands the warning statement
• Has received the information packet
• Had the 10 day opportunity for a risk assessment or inspection.
• Agents must be sure that parties are in compliance with the aforementioned requirements.

2) Federal HUD Lead-Based Paint Regulations 1012/1013 (Lead Safe Housing Rule)
http://www.hud.gov/offices/lead/1012/1012_1013federalregister.pdf

This rule was devised to protect children from lead based paint hazards in public housing and housing sold by the federal government. It requires hazard evaluations and controls such as:

• Risk assessments to identify hazards
• Stabilization of deteriorated paint
  (not required if a lead test shows lead is not present)
• Clearance
• Maintenance of paint to ensure housing is lead safe
• Control measures to remove any hazards.

3) Federal Lead-Based Paint Pre-Renovation Education Rule (Lead PRE Rule)

http://www.epa.gov/fedrgstr/EPA-TOX/1998/June/Day-01/t14437.htm.
Please provide a link to the above site

This rule affects contractors, property managers and anyone else conducting renovation activities for compensation in your residence.

The rule states that the entities providing work for compensation must distribute a lead education pamphlet prior to commencement of work, obtain written confirmation from the owner or occupant received this pamphlet, distribute notice of renovation in common areas of multi-family dwellings and hold on to records of the renovation for 3 years.
This rule applies if:

• The individual or firm doing the work is being compensated for their work
• If the renovation activities are being conducted in homes built before 1978
• If the work being done may disturb painted surfaces

This rule does not apply when the work is an emergency renovation, lead abatement project, zero bedroom dwellings, repairs that only disturb 2 square feet of a painted surface, if the housing has already been determined to be free of lead based paint or if it is housing for the elderly or disabled (and no children are living in that housing).