Section 20-3314. CLEARANCE REQUIREMENTS AT CHANGE IN OCCUPANCY OF RENTAL UNITS

 

3314.1 Before a change in the occupancy of a residential rental unit and before the execution of a lease, where a prospective occupant household informs the property owner that the household includes a pregnant individual or a child under six (6) years of age, the owner of the unit shall:

 

(a)Provide the prospective tenant with a clearance report issued not more  than twelve (12) months before the change in occupancy;

 

(b)Give the prospective tenant an acknowledgment form issued by DDOE to  sign and date as confirmation of receipt of the passing clearance report;  and

 

(c)Retain a copy of the acknowledgement form for at least six (6) years,  which shall be readily accessible to DDOE during that period.

 

3314.2Upon written request by a tenant in a residential rental unit who is pregnant or has a child under six (6) years of age living at or regularly visiting the residence, the owner of said unit shall:

 

(a)Provide the occupant with a clearance report issued not more than twelve  (12) months before the date of the request or more than thirty (30)  calendar days after receipt of the written request;

 

(b)Ask the tenant to sign and date an acknowledgement of receipt of the  clearance report; and

 

(c)Retain a copy of the acknowledgement form for at least six (6) years,  which shall be accessible to DDOE during that period.

 

3314.3The clearance report required by this section may be issued by a dust sampling technician, lead-based paint inspector, or risk assessor.

 

3314.4An owner may satisfy the clearance report requirements of this section by submitting to the tenant:

 

(a)A report from a risk assessor or lead-based paint inspector certifying that the unit is a lead-free unit, in accordance with §§ 3314.5, 3314.6 or  3314.7, as applicable; or

 

(b)Three (3) passing clearance reports issued at least twelve (12) months apart from each other by a dust sampling technician, lead-based paint  inspector, or risk assessor, provided that the three (3) passing clearance  reports were all issued within the previous seven (7) years and the  property owner or property manager is not currently, or was not during the  previous five (5) years, subject to any housing code or any DDOE  violation enforcement orders.

 

3314.5A single-family home shall qualify as a “lead-free unit” provided the owner documents that all representative interior and exterior painted surfaces have been tested by a lead-based paint inspector or risk assessor and do not contain lead-based paint.

 

3314.6To qualify as a “lead-free unit” in a multifamily property:

 

(a)The owner shall document that all representative interior unit painted surfaces and all representative exterior painted surfaces that can  reasonably be considered as the unit’s exterior surfaces have been tested  by a lead-based paint inspector or risk assessor and do not contain lead  based paint.  For purposes of this paragraph, painted surfaces that can  reasonably be considered as the unit’s exterior surfaces include balcony  and terrace components, exterior window and door components, and any  accessible exterior wall surfaces that are part of the structure of the unit;

 

(b)The owner shall document that any interior floor surface located outside the unit within twenty feet (20 ft.) of the front or rear door has been found  to be free of lead-contaminated dust, as confirmed by a dust sampling  technician, lead-based paint inspector, or risk assessor, after taking at least  one (1) dust sample immediately outside the door and another dust sample  for every ten feet (10 ft.) of floor surface from the door; and

 

(c)The multifamily property shall have an Operations and Maintenance Plan that includes specific reference to a specialized cleaning process that  ensures approaches to lead-free units remain lead safe over time.

 

3314.7In the alternative, a unit may qualify as a “lead-free unit” in a multifamily property if an owner provides documentation that:

 

(a)A lead-based paint inspection of the property, performed in accordance  with the 1997 amendments to the HUD Guidelines for the Evaluation and  Control of Lead-Based Paint Hazards in Housing, or any more recent  version thereof, has resulted in a determination by a certified risk assessor  or lead-based paint inspector that the property is a lead-free property; or

 

(b)Lead-based paint that is present inside the unit has been enclosed so that a  lead-based paint inspection of a unit, performed by a certified lead-based  paint inspector or risk assessor, does not detect any lead-based paint.

 

3314.8An owner whose unit is deemed to be a “lead-free unit” pursuant to § 3314.7(b) shall be exempt from the clearance requirements under § 3314, but shall remain subject to the disclosure requirements of the Acts and this chapter, and shall:

 

(a)Disclose the presence of the enclosed lead-based paint whenever  appropriate under the Acts and this chapter; and

 

(b)As part of each such required disclosure, make available for review, upon  written request of a tenant, a current copy of the property’s Operations and  Maintenance Plan, which shall contain a section that describes the process  by which the owner intends to ensure that the lead-based paint remains  enclosed over time.

 

3314.9For purposes of this section, a clearance report shall include:

 

(a)The date that the clearance examination was conducted;

 

(b)A statement by the individual who conducted the clearance examination  that the individual:

 

(1)Was granted unobstructed access to all painted areas in the unit;

 

(2)Did not see paint deterioration on any component or fixture on the  interior of the unit;

 

(3)Did not see paint deterioration on any component or fixture on the  exterior portion of a property that can reasonably be considered the  unit’s exterior surfaces in the case of multifamily property, in  conformance with § 3314.6(a); and

 

(4)Did not see paint deterioration on any component or fixture on the  exterior of any single-family property to which this section applies;

 

(c)Dust sampling results that pass the clearance requirements of this chapter  in accordance with the following dust sampling protocol:

 

(1)One (1) floor sample in each room, taken close to a door or another  potential likely source of lead dust; and

 

(2)One (1) window sill or well sample in each room containing a  window;

 

(d)The analytical result for each environmental sample submitted for lab  analysis, including any blank or spike sample submitted;

 

(e)A floor plan of the unit that displays where each environmental sample  was taken;

 

(f)A chain of custody sheet with all fields completed, that lists each  environmental sample submitted to a lab for analysis, along with the time  of day that the samples were collected; and

 

(g)The signature of the individual who conducted the clearance examination  and a copy of that individual’s current DDOE-issued certification card.

 

3314.10Each environmental sample taken pursuant to this section shall be submitted for analysis to an appropriately accredited lab.

 

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq. (2008 Repl. & 2012 Supp.)), the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2008 Repl. & 2012 Supp.)), the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602 (July 18, 2008)), the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq. (2012 Supp.)), Mayor’s Order 2009-113, dated June 18, 2009, and the Lead Hazard Prevention and Elimination Amendment Act of 2010 (“2011 Amendments”), effective March 31, 2011 (D.C. Law 18-348; 58 DCR 717 (January 28, 2011)).

source

Final Rulemaking published at 60 DCR 10909 (July 26, 2013).