§ 42-128.1-8. Duties of property owners of pre-1978 rental dwellings.
(a) Property owners of pre-1978 rental dwellings, which have not been made lead safe or
have not been lead hazard abated shall comply with all the following requirements:
(1) Learn about lead hazards by taking a lead hazard awareness seminar, themself or through
a designated person;
(2) Evaluate the dwelling unit and premises for lead hazards consistent with the requirements
for a lead hazard control evaluation;
(3) Correct identified lead hazards by meeting and maintaining the lead hazard mitigation
standard;
(4) Provide tenants: (i) Basic information about lead hazard control; (ii) A copy of the
independent clearance inspection; and (iii) Information about how to give notice of
deteriorating conditions; and
(5) Correct lead hazards within thirty (30) days after notification from the tenant of
a dwelling unit with an at-risk occupant, or as provided for by § 34-18-22.
(b) New property owners of a pre-1978 rental dwelling that is occupied by an at-risk occupant
shall have up to sixty (60) days to meet requirements for lead hazard mitigation,
if those requirements were not met by the previous owner at the time of transfer,
provided that the new property owner has the property visually inspected within thirty
(30) business days after assuming ownership to determine conformity with the lead
hazard control standard.
(c) The requirements for lead hazard mitigation shall apply to the first change in ownership
or tenancy after November 1, 2005; provided further, that unless requested and agreed
to by an at-risk occupant, meeting the lead hazard mitigation standard shall not be
construed to authorize a property owner to compel or cause a person, who is in tenancy
on January 1, 2004, and remains in tenancy continuously thereafter, to vacate a rental
unit temporarily or otherwise.
(d) If the tenant receives no response to the notification to the property owner of deteriorating
conditions affecting lead hazards, if the response is in the tenant's opinion unsatisfactory,
or if the remedy performed is in the tenant's opinion unsatisfactory, the tenant may
request a review of the matter by the department of health. After its review of the
matter, the department of health shall either send notice to the property owner in
which notice shall be issued in a manner substantially similar to a notice of violation
issued by the director pursuant to the Housing Maintenance Code, chapter 24.3 of title 45, or promptly inform the tenant of the reasons why the notice is not being issued.
(e) Notwithstanding the foregoing, the provisions of this chapter shall not apply to common
areas in condominium complexes that are owned and operated by condominium associations,
or to pre-1978 rental dwelling units that are:
(1) Lead-safe or lead free;
(2) Temporary housing; or
(3) Elderly housing.
(4) [Deleted by P.L. 2023, ch. 103, § 1 and P.L. 2023, ch. 104, § 1.]
(f) The department of health shall report to the legislature annually on the number of
children who are lead poisoned in any of the exempted dwelling units as referred to
in subsection (e) of this section.
(g) Nothing contained herein shall be construed to prevent an owner who is seeking to
obtain lead liability insurance coverage in the policy from complying with the provisions
of this chapter, by securing and maintaining a valid and in force letter of compliance
or conformance in force.