The District of Columbia’s Lead-Hazard Prevention and Elimination Act of 2008 and the Lead-Hazard Prevention and Elimination Amendment Act of 2010

Highlights
Lead-based Paint presumption:
The new lead hazard prevention law establishes that any paint in or on a pre-1978 residential property or child occupied facility (daycares, preschools, kindergarten classrooms), provided they host children under the age of 6 on a regular basis, is now presumed to be lead based paint. This mean that any paint in or on such a property that is not in intact condition is automatically considered to be a lead-based paint hazard.

Disclosures:
When there is a change of occupancy in a pre-1978 residential rental unit, the landlord must disclose the presence of lead-based paint in the unit, as well as any “pending actions” ordered by the District Government pursuant to the new lead law. These disclosures must occur prior to occupancy or any contract for possession has been signed. The owner must also submit a clearance report, less that one year old, that provides documented proof that the particular dwelling unit in question does not contain any lead-based paint hazards.

Home Improvement Work
Anytime a worker (carpenter, plumber, electrician, or painter) works on a pre-1978 residential property or child occupied facility, they must take proper precautions to prevent potentially hazardous lead exposure by using lead safe work practices.

Inspections
The District Government can inspect whenever there is “reasonable belief” that lead –based paint hazards may be present, in either residential dwelling units, child occupied facilities,  or in accessible common areas such as hallways, stairwells,  or laundry rooms. The “reasonable belief” necessary for these inspections could range from a complaint of peeling paint in a pre-1978 property, to knowledge that a particular neighborhood contains a fair amount of poorly maintained housing.

Enforcement
Any District Government inspector, who finds chipping, pealing, or flaking paint in or on a pre-1978 residential or child occupied facility, will treat it as a lead paint hazard, and a notice of violation will be issued. The notice of violation requires the elimination of the hazard. This also applies to contractors who disturb paint during work and have failed to use lead-safe work practices. They can be issued a Cease and Desist Order and a Notice of Violation.

Furthermore, the new law gives enforcement officials the right to order landlords to arrange and pay for temporary relocation of tenants whose homes contain lead-based paint hazards. The landlord must make all reasonable efforts to ensure that the household is relocated to a dwelling unit that is in the same school district or ward, near public transportation, as appropriate.

Title XX. Childhood Lead Poisoning Screening and Reporting
The Law requires that children must have a blood lead test before their first birthday! This act outlines the requirements of physicians to screen children in the District of Columbia for lead poisoning. Section 2003 titled “Childhood Lead Screening and reporting requirements” states that each healthcare provider must inform parents of the requirement for periodic blood test. It also states that a blood test must be performed AT LEAST once between the ages of 6 and 9 months AND again between the ages of 22 and 26 months. However, if a child is over the age of 26 months and not blood lead test has been performed, then the child must be screened TWICE before the age of six.

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