§ 42-128.1-4. Definitions.
The following definitions shall apply in the interpretation and enforcement of this
chapter:
(1) "At-risk occupant� means a person under six (6) years of age, or a pregnant woman,
who has been a legal inhabitant in a dwelling unit for at least thirty (30) days;
provided, however, that a guest of any age shall not be considered an occupant for
the purposes of this chapter.
(2) "Designated person� means either: (i) A property owner, or the agent of the property
owner, who has completed a department of health approved awareness seminar on lead
hazards and their control; or (ii) A person trained and certified as either a lead
hazard mitigation inspector, an environmental lead inspector, or a lead hazard inspection
technician.
(3) "Dwelling� or "dwelling unit� means an enclosed space used for living and sleeping
by human occupants as a place of residence, including, but not limited to: a house,
an apartment, or condominium, but, for the purpose of this chapter, shall not include
hotels or "temporary housing.�
(4) "Elderly housing� means a federal, state, or local program that is specifically designed
and operated to assist elderly persons, sixty-two (62) years of age, or older, as
set forth in a regulatory agreement or zoning ordinance.
(5) "Environmental lead-poisoning level� means a confirmed, venous blood lead level as
defined pursuant to §â€‚23-24.6-4.
(6) "Lead abated� means a dwelling and premises that are lead free or lead safe, as those
terms are defined in chapter 24.6 of title 23.
(7) "Lead free� means that a dwelling, dwelling unit, or premises contains no lead, or
contains lead in amounts less than the maximum-acceptable environmental lead levels
established by regulation by the Rhode Island department of health.
(8) "Lead hazard mitigation compliance� means an independent clearance inspection and
certificate, as specified in this subsection (8), undertaken to determine whether
the lead hazard mitigation measures have been completed. Said inspection shall be
valid for two (2) years, or until the next turnover of the dwelling unit, whichever
period is longer. The requirements for a clearance review inspection shall be met
either by an independent clearance inspection or a visual inspection as set forth
in this subsection (8):
(i) An "independent clearance inspection� means an inspection performed by a person who
is not the property owner or an employee of the property owner and who is authorized
by the department of health to conduct independent clearance inspections, which shall
include: (A) A visual inspection to determine that the lead hazard controls have been
met; and (B) Dust testing in accordance with rules established by the department of
health and consistent with federal standards. A certificate of conformance shall be
issued by the person who conducted the inspection on the passage of the visual inspection
and the required dust testing. An independent clearance inspection shall be required
at unit turnover or once in a twenty-four-month (24) period, whichever period is the
longer. If the tenancy of an occupant is two (2) years or greater, the certificate
of conformance shall be maintained by a visual inspection as set forth in subsection
(8)(ii) of this section.
(ii) A "visual inspection� means a visual inspection by a property owner or designated
person to determine that the lead hazard controls have been met. If the designated
person concluded that the lead hazard controls specified in this chapter have been
met, the designated person may complete an Affidavit of Completion of Visual Inspection.
The affidavit shall be valid upon its being notarized within thirty (30) days after
the completion of the visual inspection and shall set forth:
(A) The date and location that the designated person took the lead-hazard-control awareness
seminar;
(B) The date and findings of the lead hazard evaluation;
(C) The date and description of the lead hazard control measures undertaken;
(D) The date of the visual inspection; and
(E) The name and signature of the designated person and date of the Affidavit of Completion
of Visual Inspection.
An Affidavit of Completion of Visual Inspection shall be valid for two (2) years after
the date it was notarized, or until unit turnover, whichever time period is the longer,
and shall be kept by the property owner for a minimum of five (5) years.
(iii) Presumptive compliance. A property owner of ten (10) or more dwelling units shall be eligible to obtain a
certificate of presumptive compliance from the department of health provided that
the following conditions are met: (A) The dwelling units were constructed after 1960
or after 1950 on federally owned or leased lands; (B) There are no major, outstanding
minimum-housing violations on the premises; (C) The property owner has no history
of repeated lead poisonings; and (D) Independent clearance inspections have been conducted
on at least five percent (5%) of the dwelling units, not less than two (2) dwelling
units and at least ninety percent (90%) of the independent clearance inspections were
passed. "Repeated lead poisoning,� for purposes of this paragraph, shall mean a lead
poisoning rate of less than one-half percent (.5%) per dwelling-unit year, with dwelling-unit
years being calculated by multiplying the number of dwelling units owned by the property
owner by the number of years of ownership since 1992. Major minimum housing violations
shall be defined by rule by the department of health. The department of health shall
not arbitrarily withhold its approval of applications for presumptive compliance.
A certificate of presumptive compliance shall be deemed to be satisfactory for purposes
of demonstrating compliance with the requirements of this chapter. If a unit qualifies
for a presumptive compliance certificate, by itself having passed an independent clearance
inspection at least once, that unit's compliance may be maintained by a visual inspection
as set forth in this chapter.
(9) "Lead hazard mitigation inspector� means either a person approved by the department
of health to perform independent clearance inspections under this chapter or inspections
required by 24 C.F.R., Part 35, Subpart M [24 C.F.R. §â€‚35.1200 et seq.], or approved by the department of health to conduct inspections pursuant
to chapter 24.6 of title 23.
Lead hazard mitigation inspectors performing independent clearance inspections shall
not have any interest, financial or otherwise, direct or indirect, or engage in any
business or employment with regards to:
(i) The dwelling unit that is the subject of an independent clearance inspection; or
(ii) The contractor performing lead hazard control work in the dwelling unit; or
(iii) The laboratory that is used to analyze environmental lead samples for the independent
clearance inspection unless the lead hazard mitigation inspector discloses the inspector's
relationship with the laboratory to the person requesting the inspection and on the
inspection report.
Employees of public agencies and quasi-public agencies that hold a financial interest
in the property may perform independent clearance inspections.
(10) "Lead hazard mitigation standards� means standards adopted by the department of health
for a dwelling unit and associated common areas that provide for:
(i) A continuing and ongoing responsibility for lead hazard control that includes: (A)
Repair of deteriorated paint; (B) Correction of dust-generating conditions, such as
friction or impact areas; (C) Provision of cleanable surfaces to eliminate harmful
dust loading; (D) Correction of soil lead hazards; (E) Safe work practices;
(ii) At unit turnover: (A) The provision of information on lead hazards and their avoidance
and control to tenants; (B) Documentation of lead hazard mitigation compliance; (C)
An explicit process for notification by tenants to property owners of instances of
deterioration in conditions effecting lead hazards; and
(iii) Maintenance of "lead hazard control.� "Lead hazard control� means those portions of
the lead hazard mitigation standard pertaining to repair of deteriorating paint; correction
of dust-generating conditions; provision of cleanable surfaces; and correction of
soil lead hazards that can be identified by visual inspection as provided for in subsection
(8)(ii) or through inspections conducted in accordance with chapter 24.2 of title 45, "Minimum Housing Standards,� and chapter 24.3 of title 45, "Housing Maintenance and Occupancy Code.�
(11) "Lead poisoned� means a confirmed venous blood lead level established by the department
of health pursuant to §â€‚23-24.6-4(3).
(12) "Lead safe� means that a dwelling, dwelling unit, or premises has undergone sufficient,
lead-hazard reduction to ensure that no significant, environment lead hazard is present
and includes, but is not limited to, covering and encapsulation and is evidenced by
a lead-safe certificate issued by the department of health.
(13) "Property owner� means any person who, alone or jointly or severally with others:
(i) Shall have legal title to any dwelling, dwelling unit, or structure, with or without
accompanying actual possession of it; or
(ii) Shall have charge, care, or control of any dwelling, dwelling unit, or structure as
owner or agent of the owner, or an executor, administrator, trustee, or guardian of
the estate of the owner. Any person representing the actual owner shall be bound to
comply with the provisions of this chapter, and of rules and regulations adopted pursuant
to this chapter, to the same extent as if that person were the owner.
(iii) Notwithstanding the foregoing, no holder of a mortgage or other lien holder who, in
enforcing a security interest, acquires title by foreclosure or deed in lieu of foreclosure
shall be considered a property owner for purposes of this chapter, if the holder transfers
the title within one year after the date the title is acquired; provided, however,
if the mortgagee or lien holder, subsequent to acquiring title, is notified of a lead
hazard under chapter 24.6 of title 23 or § 42-128.1-8(a)(5), then and in that event, the mortgagee or lien holder shall take any steps to reduce
the lead hazard that shall be required under the provisions of chapter 24.6 of title 23 or this chapter, as applicable.
(14) "Temporary housing� means any seasonal place of residence that is rented for no more
than one hundred (100) days per calendar year to the same tenant, where no lease renewal
or extension can occur, and any emergency shelter intended for night-to-night accommodation.
(15) "Tenant turnover� means the time at which all existing occupants vacate a unit and
all new occupants move into the unit.