D.C. Mun. Regs. tit. 16, r. 16-3662

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 16-3662 - LEAD-BASED PAINT ABATEMENT AND CONTROL INFRACTIONS

3662.1

Reserved

3662.2

Violation of the following provisions shall be a Class 2 infraction:

(a) Section 4(a)(3) of the Lead Based Paint Abatement and Control Act of 1996, effective April 9, 1997 (D.C. Law 11-221; D.C. Official Code § 8-115.03(a)(3)) (providing training to others for lead-based paint activities without accreditation);

(b) Section 4(b) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.03(b)) (applying lead-based paint or glaze to a surface);

(c) Section 4(c) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.03(c)) (selling, offering for sale, delivering, transferring, or possessing with intent to sell, deliver, or transfer an article intended for use by children that has lead-based paint or glaze applied);

(d) Section 6(a) or (b) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.05(a) or (b)) (failure to obtain certification before conducting a lead-based paint activity);

(e) Section 7(a) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.06(a)) (failure to obtain accreditation for each training course or review course offered);

(f) Section 8(a) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.07(a)) (failure to obtain a permit before conducting lead-based paint abatement);

(g)40 CFR 745.227(e)(6)(i), incorporated by reference in 20 DCMR § 806.1 (open-flame burning or torching of lead-based paint during an abatement);

(h)40 CFR 745.227(e)(6)(ii), incorporated by reference in 20 DCMR § 806.1 (machine sanding or grinding, or abrasive blasting or sandblasting of lead-based paint during an abatement, without High Efficiency Particulate Air (HEPA) exhaust control);

(i)40 CFR 745.225(e)(6)(iii), incorporated by reference in 20 DCMR § 806.1 (dry scraping of lead-based paint during an abatement, except in conjunction with heat guns or around electrical outlets, or when totaling no more than two (2) square feet in any one room, hallway, or stairwell or totaling no more than twenty (20) square feet on exterior surfaces);

(j)40 CFR 745.227(e)(6)(iv), incorporated by reference in 20 DCMR § 806.1 (operating a heat gun on lead-based paint during an abatement at one thousand one hundred degrees Fahrenheit (1100^o F) or above); or

(k)40 CFR 745.227(e)(8), incorporated by reference in 20 DCMR § 806.1 (failure to perform or complete required post-abatement clearance procedures).

3662.3

Violation of Section 9 of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.08) (record-keeping requirements) shall be a Class 3 infraction.

3662.4

Violation of any provision of the Lead-Based Paint Abatement and Control Act of 1996, effective April 9, 1997 (D.C. Law 11-221, as amended; D.C. Official Code §§ 8-115.01 to 8-115.14 (2001 & Supp. 2003)), or the Lead Control Rules, 20 DCMR § 806, that is not cited elsewhere in this section shall be a Class 4 infraction.

D.C. Mun. Regs. tit. 16, r. 16-3662

Final Rulemaking published at 52 DCR 5077 (May 27, 2005)