District of Columbia Lead Based Paint Abatement and Control Official Code
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 Entity: Must employ only individuals who possess appropriate verifications to perform lead based paint activities. Individuals must follow work practice standards.
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 properties 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. |
