The Lead Poisoning Control Act, 22 M.R.S. §§1320 & 1320-A specifies conditions under which the Department may perform an environmental lead investigation. Pursuant to the Act, the Department must, except in the case of an owner-occupied single-family residence, inspect any dwelling unit within the dwelling, when a lead poisoned child or lead based substance is found. These rules clarify which dwellings, premises or facilities are to be inspected, and under which circumstances inspections are required.
This notice may not be removed until the Department demonstrates that the identified lead hazard(s) no longer exist. It is the responsibility of the owner to ensure the notice remains in place.
The Department may, on a case-by-case basis, waive the requirement to relocate the occupying family to a substitute dwelling unit if the Department determines that interim controls sufficiently protect children of the unit until full abatement of the lead hazards is achieved. The requirement to relocate may be reviewed and reinstated, should new information become available. Examples include, but are not limited to, an increase in blood lead levels.
10- 144 C.M.R. ch. 292, § 4