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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 20-3316. LEAD-BASED PAINT HAZARD ABATEMENT REQUIREMENTS
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3316.1An individual or business entity shall not commence or perform any abatement activity on any residential property or child-occupied facility without first applying for and receiving an abatement permit from DDOE, except for those activities listed in § 3316.2.
3316.2The following activities shall at minimum require the use of individuals trained in lead-safe work practices as described in § 3302, as documented by proof available at the work site of either Certified Renovator status or Abatement Worker or Abatement Supervisor certification status, and, except for § 3316.2(c), shall be followed by a clearance examination pursuant to §§ 3310.4(a) through 3310.8:
(a)Door replacement, provided it does not include replacing ancillary door components, such as the casing, door stop, jamb, or threshold;
(b)Covering of any lead-contaminated soil that contains less than one thousand parts per million (1,000 ppm) of lead; and
(c)An abatement activity involving less than two square feet (2 sq. ft. per room of deteriorated paint on an interior surface, or less than twenty square feet (20 sq. ft) of deteriorated paint on an exterior surface.
3316.3The raze or the demolition of a pre-1978 building involving painted surfaces within or on the property shall be subject to the following requirements:
(a)All painted components either shall be presumed to be painted with lead-based paint, or shall be tested by a lead-based paint inspector or risk assessor to determine whether or not lead-based paint is present;
(b)Provided the building is structurally sound, lead-safe work practices shall be used in conformance with § 3302, and all components containing presumed or identified lead-based paint shall be disposed of in a manner consistent with the disposal of lead-contaminated waste; and
(c)The prohibited practices enumerated in § 3304 shall not be used.
3316.4The raze or the demolition of a pre-1978 building, involving presumed or identified lead-based paint within or on the property, shall only be undertaken after a lead abatement permit is issued for such activity by DDOE, if the property in question is within one hundred feet (100 ft.) of a child-occupied facility, or, in the case of a demolition that is limited to one or several units within a multifamily property, if one or more of those units is on a floor that also contains an occupied unit.
3316.5Performance of encapsulation is an abatement activity that shall be limited to those encapsulant products that have been subjected to nationally recognized third-party testing that documents that the product in question, when applied in accordance with its instructions, shall form an effective barrier for no fewer than twenty (20) years.
3316.6Encapsulation shall not be used as a technique to eliminate lead-based paint hazards on friction or impact surfaces when such hazards have been identified as part of a Notice of Violation and Order to Eliminate Lead-Based Paint Hazards.
3316.7An abatement permit may be granted if the applicant submits all of the following to DDOE:
(a)A completed Lead-Based Paint Hazard Abatement Permit Application;
(b)A copy of the applicant’s signed contract for the work, including the charges for all lead abatement activities under the contract and the signature of each party to the contract;
(c)A copy of the applicant’s Scope of Work, describing the lead abatement activities that the applicant is under contract to perform;
(d)A copy of a risk assessment or lead inspection report, or other data source that identifies the exact location of the lead-based paint and lead-based paint hazards to be abated;
(e)A copy of a Certificate of Liability Insurance, proving the applicant’s current policy coverage for at least one million dollars ($1,000,000) for individual environmental or lead claims, which the applicant shall maintain throughout the entire period that the abatement permit is in effect;
(f)The requirement for the one million dollars ($1,000,000) of liability insurance coverage may be waived for an applicant who is seeking an abatement permit for work limited to the applicant’s own home; provided that the home is not part of a multi-family property, that there are no tenants living in the applicant’s home, and that the work does not involve the demolition or raze of a pre-1978 building;
(g)A copy of the current D.C. lead certification card for the certified supervisor who will manage the abatement activities, and a copy of the business entity certification card;
(h)A copy of a valid District of Columbia Department of Consumer and Regulatory Affairs (DCRA) license to do business in the District;
(i)A completed District of Columbia Clean Hands Self-Certification Form; and
(j)Any other information DDOE requires in its permit application instructions as relevant to issuance of an abatement permit.
3316.8 DDOE may specify the requirements that apply to work carried out under the permit by describing them on the permit.
3316.9Except as pursuant to § 3316.2, abatement shall only be performed by an individual who is currently certified by DDOE as a lead abatement worker or supervisor.
3316.10 Except when an entire building has been razed, the issuance of an abatement permit pursuant to § 3316.4 triggers a requirement that the individual or business entity to whom the permit was issued submit to DDOE a clearance report no later than seven (7) business days after completion of the permit-related activities, to close out the permit, as follows:
(a)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 abatement activities, and shall be repeated until the clearance examination is passed and a clearance report is issued;
(b)The clearance examination may be performed by a risk assessor or by a lead-based paint inspector, unless DDOE has required that the clearance examination be performed by a risk assessor;
(c)In the case of work that occurs on a floor in a multifamily property that also contains an occupied unit, the clearance examination shall consist of:
(1)A visual inspection of the common area on each such floor to confirm that no visible paint debris is present between the front door of each unit where such work is undertaken and the entry door of any occupied unit on such floor; and
(2)Dust sampling in the common area on each such floor, within two feet (2 ft.) from the entry door of each unit where such work is undertaken, and within two feet (2 ft.) from the entry door of either all occupied units on such floor, or at least three (3) of the occupied units, whichever is fewer, provided that the risk assessor selects those units most likely to have been affected by dust migration resulting from the work;
(d)Notice to DDOE that a dust test will be performed shall be provided whenever the dust test is related to a clearance examination resulting from an Order to Eliminate Lead-Based Paint Hazards, and shall be provided to DDOE by fax, in person, or via the DDOE website, on a DDOE-specified form, submitted to DDOE at least twenty-four (24) hours prior to conducting the dust test, or as soon as practicable, whichever is sooner;
(e)Each environmental sample taken during a clearance examination shall be analyzed by an appropriately accredited lab, and the total samples submitted to the lab shall include as a quality assurance measure one (1) blank sample for lab analysis for each permit issued pursuant to § 3316.4; and
(f)No other raze or demolition activity shall be undertaken at the property in question until a clearance report has been issued and submitted to DDOE, except that demolition activities on floors where no occupied units are located may continue in the interim.
3316.11The issuance of an abatement permit in all cases other than a permit issued pursuant to § 3316.4 triggers a requirement that the individual or business entity to whom the permit was issued submit to DDOE a clearance report no later than seven (7) business days after completion of the abatement activities, to close out the permit, as follows:
(a)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 abatement activities, and shall be repeated until the clearance examination is passed and a clearance report is issued;
(b)If there is no Order to Eliminate Lead-Based Paint Hazards, the clearance examination may be performed by a dust sampling technician, a lead based paint inspector, or by a risk assessor, whether or not employed by the owner;
(c)If there is no Order to Eliminate Lead-Based Paint Hazards, the clearance examination shall consist of:
(1)A visual inspection of each work area, to ensure paint is in intact condition;
(2)A visual inspection of each work area, to ensure there is no visible dust or debris;
(3)Dust sampling in each room that contains a work area, on the following surfaces in each sampled room:
(A)One (1) floor sample; and
(B)For rooms that contain a window, one (1) window sill or one (1) window well sample;
(4)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 on any concrete or other rough exterior horizontal surface within the work area(s); and
(5)Soil sampling if any abatement activity included lead contaminated bare soil remediation, or if exterior work to eliminate a lead-based paint hazard was performed within ten feet (10 ft.) of a bare soil area, provided such sampling occurs on the same property;
(d)Each environmental sample taken during a clearance examination shall be analyzed by an appropriately accredited lab and shall include as a quality assurance measure one (1) blank sample for lab analysis for each unit or property subject to the clearance examination, or in the case of a clearance examination that spans more than one (1) day, one (1) blank sample for lab analysis per day for each property subject to the clearance examination; and
(e)Each 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.