860 R.I. Code R. 860-RICR-00-00-2.6

Current through December 3, 2024

Section 860-RICR-00-00-2.6 - Lead Safe Compliance

A. As a minimum, an Owner shall have one of the following to document lead safe compliance:

1. A current Certificate of Conformance;

2. A Certificate of Conformance and a current notarized Affidavit of Completion of Visual Inspection approved by HRC; or

3. A current Certificate of Presumptive Compliance issued by HRC.

B. Pursuant to R.I. Gen. Laws § 42-128.1-4(9)(iii), an Owner of ten (10) or more dwelling units is eligible to obtain a Certificate of Presumptive Compliance from HRC, provided the following conditions are met:

1. The dwelling units were constructed after 1960 or after 1950 on federally owned or leased lands;

2. There are no outstanding Notices of Violation from RIDOH or the municipality where the property is located;

3. The Owner has no history of multiple lead poisonings as defined by R.I. Gen. Laws § 23-24.6-23; and

4. Independent clearance inspections have been conducted in at least five percent (5%) of the dwelling units, but not less than two (2) dwelling units, and at least ninety percent (90%) of the independent clearance inspections passed the initial inspection.

C. The Owner or Designated Person shall complete an application for presumptive compliance, on forms approved by HRC. The application and all supporting documentation must be submitted to HRC for approval within sixty days (60) of the independent clearance inspections.

D. A certificate of Presumptive Compliance is valid for two (2) years. The Certificate of Presumptive Compliance may be maintained by visual inspections conducted by the Owner or Designated Person. Once complete, Affidavits of Completion of Visual Inspection shall be submitted to HRC for approval.

E. Alternatively, an Owner may have one of the following to document lead safe compliance:

1. A current Conditional Lead Safe Certificate;

2. A Full Lead Safe Certificate; or

3. A Certification of Lead Free Status for the dwelling unit and common areas including the building exterior.

860 R.I. Code R. 860-RICR-00-00-2.6

Amended effective 1/2/2019