860 R.I. Code R. 860-RICR-00-00-2.5

Current through December 3, 2024

Section 860-RICR-00-00-2.5 - Owner Responsibilities

2.5.1 Education

Owners or their designee must complete a lead hazard awareness seminar approved by HRC, pursuant to R.I. Gen. Laws § 42-128.1-8.

2.5.2 Evaluations

A. After attending a lead awareness seminar, Owners or their Designated Person shall conduct a visual inspection of the premises to identify Deteriorated Paint and determine who can perform the work to correct those hazards; or

B. Owners shall hire a Licensed Lead Professional to conduct an inspection of the premises to identify any lead hazards and determine who can perform the work necessary to correct those hazards.

2.5.3 Lead Hazard Corrections

A. The Owner must correct identified lead hazards under the following conditions:

1. All painted surfaces constructed before January 1, 1978 (pre-1978) must be assumed to exceed the RIDOH lead safe thresholds in 216-RICR- 50-15-3.7, unless determined otherwise by a Lead Inspector licensed by RIDOH in accordance with 216-RICR- 50-15-3.13.

2. If the work will result in disturbing less than six (6) square feet of lead-based paint per interior room or less than twenty (20) square feet on the exterior, and the work does not involve window replacement or demolition activities, then the work may be performed as lead hazard mitigation by someone who has attended a lead hazard awareness seminar provided that no prohibited work practices are used.

3. If the work will result in disturbing six (6) square feet or more of lead-based paint per interior room or twenty (20) square feet or more on the exterior, then the work must be performed as lead hazard control by a Lead Renovation Firm licensed by RIDOH in accordance with 216-RICR- 50-15-3.11.

4. If the Owner is in receipt of a Notice of Violation from RIDOH requiring the paint, dust, soil, and water to meet the Lead Safe Standards in 216-RICR- 50-15-3.7, then the work must be performed as lead hazard reduction by a Lead Contractor licensed by RIDOH in accordance with 216-RICR- 50-15-3.12.

B. All corrections of lead hazards must be conducted in accordance with lead safe work practices pursuant to 216-RICR- 50-15-3.16.

C. The Owner shall make all reasonable efforts to ensure that occupants are not present during the work.

2.5.4 Independent Clearance Inspections

A. After all Deteriorated Paint is corrected, the Owner must have a Licensed Lead Inspector perform an independent clearance inspection to obtain a Certificate of Conformance.

B. Lead Inspectors may not present a conflict of interest pursuant to 216-RICR- 50-15-3.5.1 (C). Lead Assessors may perform independent clearance inspections and issue certificates of conformance only within the purview of their employment.

C. The Licensed Lead Inspector shall follow the comprehensive environmental lead inspection protocol for evaluating paint in 216-RICR- 50-15-3.5.3 (B), except that paint testing is not required; all pre-1978 painted surfaces may be assumed to be lead-based paint. Intact lead-based paint is conditionally lead safe.

1. Optional paint testing may be conducted pursuant to 216-RICR- 50-15-3.6.2. Paint below the lead safe thresholds in 216-RICR- 50-15-3.7 is lead safe regardless of condition.

D. Dust wipe samples must be collected pursuant to 216-RICR- 50-15-3.6.3.

1. For a single-family dwelling, a minimum of three (3) dust wipes and one (1) field blank must be collected.

2. For a multi-family dwelling, a minimum of three (3) dust wipes must be collected in the dwelling unit and a minimum of one (1) dust wipe collected in each associated common area, plus one (1) field blank per building.

E. For condominium units, the inspection requirements are limited to the interior of the dwelling unit. The interior and exterior common areas are exempt from the HRC inspection requirements.

F. Optional soil testing may be conducted pursuant to 216-RICR- 50-15-3.6.4. The Licensed Lead Inspector shall follow the comprehensive environmental lead inspection protocol for soil in 216-RICR- 50-15-3.5.3 (D). Covered soil is conditionally lead safe.

G. The Licensed Lead Inspector shall submit the lead samples to a laboratory certified by RIDOH within seven (7) days of the inspection, issue the Certificate of Conformance for passing results, complete the Mitigation Report on forms approved by HRC, and provide a copy to the Owner, tenant(s), and HRC within seven (7) days of receiving the sample results.

H. Lead Inspectors and Environmental Lead Technicians shall retain copies of all Mitigation Reports for at least three (3) years. Lead Assessors' employers shall retain copies of all Mitigation Reports for at least three (3) years.

I. To receive access to the password protected sections of the HRC web-based system, which allows Licensed Lead Inspectors to issue Certificates of Conformance, the inspector must submit a written request, on a form approved by HRC, for a login and password.

J. HRC may deny a request for access to the system if HRC determines that the applicant has not demonstrated the ability to comply fully with applicable requirements established by this Part or RIDOH Regulation 216-RICR- 50-15-3.

K. Suspension or revocation of any privileges or database access granted pursuant to this Part may be implemented in any circumstances of intentional, egregious, repeated or grossly negligent conduct.

L. Written notice of any disciplinary action taken by HRC and/or RIDOH, including appeal rights, and a detailed explanation of the facts and circumstances for which the disciplinary actions are being taken must be provided to the party being disciplined before such action shall take effect.

2.5.5 Lead Disclosure

A. Owners shall provide current tenants with a copy of the Mitigation Report within seven (7) days of receipt.

B. Owners shall provide current tenants with a copy of the latest Certificate of Conformance and Affidavit(s) of Completion of Visual Inspection within seven (7) days of the last affidavit being notarized.

C. Owners shall provide prospective tenants with the following information on or before signing a lease, or before occupancy in the case of an oral lease:

1. Lead Warning Statement and acknowledgment pursuant to 24 C.F.R. § 35.92 and 40 C.F.R. § 745.113;

2. EPA pamphlet "Protect Your Family from Lead in Your Home" and the RIDOH insert "What You Should Know About the Rhode Island Lead Law";

3. Any known information about the presence of lead-based paint and/or environmental lead hazards;

4. The most recent Certificate of Conformance and/or Affidavit(s) of Completion of Visual Inspection; and

5. Notice of Deteriorating Conditions with the name and contact information of the Owner, their agent, or Designated Person who is responsible for maintaining the property.

D. The acknowledgment must include the property address and unit number, if applicable, and be signed by the Owner or agent and the tenant(s). The Owner must retain a copy for at least three (3) years or the term of tenancy, whichever period is longer.

E. These requirements are in addition to, not in lieu of, 24 C.F.R. Part 35 Subpart A, 40 C.F.R. Part 745 Subpart F, and 216-RICR- 50-15-3.8.

2.5.6 Certificate of Conformance

A. A Certificate of Conformance is valid for two (2) years or until the next turnover of the dwelling unit, whichever period is longer.

B. An independent clearance inspection is required within thirty (30) days of the expiration of the Certificate of Conformance or unit turnover, provided that no more than one independent clearance inspection is required in any twenty-four (24) month period.

C. If the tenancy is two (2) years or more, the Owner or Designated Person may conduct a visual inspection to determine that the Lead Mitigation Standard was maintained.

1. The Owner or Designated Person shall complete an Affidavit of Completion of Visual Inspection, on forms approved by HRC, have the form notarized and submitted to HRC for approval within thirty (30) days of the visual inspection.

2. A visual inspection must be performed, and an Affidavit of Completion of Visual Inspection must be completed every two (2) years until the next unit turnover.

D. The Certificate of Conformance and Affidavit(s) of Completion of Visual Inspection must be kept by the Owner for a minimum of five (5) years pursuant to R.I. Gen. Laws § 42-128.1-4(9)(ii).

860 R.I. Code R. 860-RICR-00-00-2.5

Amended effective 1/2/2019