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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-33. REGULATION OF LEAD-BASED PAINT ACTIVITIES |
Section 20-3310. RENOVATION REQUIREMENTS
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3310.1Except as provided in § 3310.3, an individual, firm, or business entity that performs renovation of a residential property or a child-occupied facility built prior to 1978 and that is compensated for those services shall obtain a renovation permit from DDOE, if:
(a)The activities contracted for include the removal, repair, or paint stripping of surfaces or building components coated with presumed or identified lead-based paint, including weatherization projects that disturb surfaces or building components coated with presumed or identified lead-based paint, the sum total of which activities disturbs more than five hundred square feet (500 sq. ft.) of painted surface; or
(b)The contract for the renovation work contains a total charged cost of twenty thousand dollars ($20,000) or more for the specific activities enumerated in § 3310.1(a).
3310.2The raze or demolition of a building, which is subject to § 3316.4, shall not trigger a requirement for a DDOE-issued renovation permit.
3310.3A renovation permit shall not be required for renovations in residential housing or child-occupied facilities built prior to 1978, in which:
(a)A written determination has been made by a certified lead-based paint inspector or a certified risk assessor that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/ cm2) or one half percent (0.5%) by weight, where the firm performing the renovation has obtained a copy of the determination;
(b)A certified renovator, using an EPA-recognized test kit as defined in 40 CFR § 745.83 and following the kit manufacturer’s instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/ cm2) or one half percent (0.5%) by weight, with the understanding that if the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately; or
(c)A certified renovator has collected a paint chip sample from each painted component affected by the renovation and a laboratory recognized by EPA pursuant to Section 405(b) of the Toxic Substances Control Act of 1976, effective October 11, 1976, as amended (Pub. L. 94-469, 90 Stat. 2003; 15 USC 2685(b)), as being capable of performing analyses for lead compounds in paint chip samples has determined that the samples are free of paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/ cm2) or one half percent (0.5%) by weight, with the understanding that if the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.
3310.4A clearance examination shall be performed after the work has been done that required a renovation permit, which in the case of work in a vacant unit shall be at any point prior to re-occupancy of the unit:
(a)A clearance examination triggered pursuant to this section or § 3316.2(a), or pursuant to any provision under 40 CFR § 745.85, shall consist of dust sampling in each room that contains a work area, on the following surfaces in each sampled room:
(1)One (1) floor sample; and
(2)For rooms that contain a window, one (1) window sill or one (1) window well sample;
(b)For work that involves door replacement in accordance with § 3316.2(a), the floor samples shall be taken within two feet (2 ft.) of any such door, but no window sample shall be required;
(c)Whenever a work area is located on the exterior of a property, and whenever a work area involves a window or a door that opens to the exterior of a property, a dust sample shall be taken on any concrete or other rough exterior horizontal surface within the work area(s);
(d)A clearance examination performed after covering of soil pursuant to § 3316.2(b) shall consist of a determination by the lead-based paint inspector or risk assessor conducting the clearance examination as to whether the lead-contaminated soil was uniformly covered by at least six inches (6 in.) of clean soil or other appropriate ground cover, and a description in the clearance report of the methodology used by said inspector or risk assessor to make this determination; and
(e)A clearance examination shall be performed no sooner than one (1) hour and no later than three (3) business days after the completion of the activities conducted pursuant to the permit or other activities listed in §§ 3316.2(a) and (b), or in the case of work in a vacant unit, at any point prior to re-occupancy of the unit.
3310.5Each environmental sample taken pursuant to this section shall be submitted for analysis to an appropriately accredited lab.
3310.6The clearance examination shall be conducted by a lead-based paint inspector or risk assessor, or, except in clearance cases involving soil clearance, by a dust sampling technician.
3310.7A clearance report produced under this section shall be filed with DDOE within seven (7) business days following the successful clearance examination by the individual, firm, or business entity to which DDOE issued the permit.
3310.8Each clearance report shall contain a copy of the current DDOE-issued certification card belonging to the individual that conducted the clearance examination and the date the clearance report was issued.
3310.9Except as provided in § 3310.10, all work that constitutes renovation work pursuant to 40 CFR § 745.80 et seq. and that does not trigger a permit requirement under these regulations shall be conducted in accordance with the rules promulgated by EPA under 40 CFR § 745.85(a) and shall be followed by cleaning verification or a clearance examination in accordance with the rules promulgated by EPA under 40 CFR § 745.85(b).
3310.10The emergency renovations defined in § 3310.12(a) are exempt from the warning sign, containment, waste handling, training, and certification requirements in both these regulations and in 40 CFR §§ 745.85, 745.89 and 745.90, to the extent necessary to respond to the emergency.
3310.11Except as provided in § 3310.12, prior to any renovation activity occurring for compensation in a residential property or in a child-occupied facility where the structure was built prior to 1978, pre-renovation education and documentation thereof shall occur, in accordance with the relevant requirements mandated by 40 CFR § 745.84.
3310.12The information distribution requirements in § 3310.11 do not apply to emergency renovations, which are:
(a)Renovation activities that were not planned but result from a sudden, unexpected event, such as non-routine failures of equipment, that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage; and
(b)Interim controls performed in response to an elevated blood lead level in a resident child.
3310.13Renovation firms shall comply with all recordkeeping and reporting requirements contained in 40 CFR § 745.86.
3310.14A renovation permit may be granted if the applicant submits all of the following to DDOE:
(a)A completed Renovation Permit Application Form;
(b)A copy of the applicant’s signed contract for the work, including the charges for all renovation activities under the contract;
(c)A copy of the applicant’s Scope of Work, detailing the renovation activities applicant is under contract to perform;
(d)A copy of a valid DCRA Basic Business License to do business in the District;
(e)A copy of the EPA-issued or DDOE-issued Renovation Firm certification and a copy of the relevant EPA-issued or DDOE-issued Renovator certification;
(f)A completed District of Columbia Clean Hands Self-Certification Form; and
(g)Any other information DDOE requires in its permit application instructions that is relevant to issuance of a renovation permit.
3310.15DDOE may specify the requirements that apply to work carried out under the permit by describing them on the permit.
3310.16The use of lead-safe work practices as set forth in § 3302 and the prohibited practices set forth in § 3304 apply to renovation work.