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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 20-3317. ACCESS TO PROPERTIES
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3317.1DDOE may enter a residence or child-occupied facility between the hours of 7:30 a.m. and 7:30 p.m. if DDOE reasonably believes that activities are being or have been conducted in violation of the Acts or any of these regulations, or upon reasonable belief that there is an imminent threat to the health and safety of the occupants.
3317.2The tenant’s consent to enter a residence is required before entry by DDOE, unless DDOE has obtained an administrative search warrant. Search warrants authorizing entry for inspections are issued by the Superior Court pursuant to D.C. Official Code § 11-941.
3317.3For purposes of this section, a property owner or an owner’s employee or representative shall seek access to an occupied residential rental dwelling unit only after providing the tenant with a written request for permission to enter the unit at a reasonable hour, at least forty-eight (48) hours before the proposed time of entry. Such notification shall include:
(a)The proposed date and time of entry;
(b)The reason access is needed, including what inspection or work will be conducted, and the particular area(s) of the premises to be accessed;
(c)The training or certification requirements applicable to the workers who will be performing the inspection or work;
(d)A statement to the effect that the tenant may request proof of training or certification before allowing an inspector or worker to access the unit or proceed with their work; and
(e)A request that the tenant return a DDOE-issued consent form provided to the tenant by the property owner or the owner’s agent pursuant to § 3317.4, prior to the proposed time of entry.
3317.4Along with the written request for permission to enter the unit pursuant to § 3317.3, the property owner or the owner’s agent shall provide the tenant with a DDOE-issued consent form that the tenant may use to grant or deny consent to the requested entry, or to set forth reasonable conditions for such consent, including an alternative date or dates for such entry.
3317.5A property owner or owner’s agent shall meet the tenant’s reasonable conditions for access under § 3317.4.
3317.6Except as provided in § 3317.8, if the tenant fails to return a consent form to the owner that grants access to the dwelling unit or sets reasonable conditions for same, and continues to deny the owner access to the dwelling unit for seven (7) days or more after the original written request for access was made, the owner shall be exempt from meeting the requirements of the Acts that are relevant to the requested access, until the tenant either provides written notice of the tenant’s willingness to grant access or otherwise freely grants access, or until the tenant no longer occupies the unit, whichever happens first.
3317.7Except as provided in § 3317.8, a property owner who complies with the conditions proposed by the tenant in accordance with § 3317.4 and whose tenant still refuses to grant access to the dwelling unit shall be exempt from meeting the requirements of the Acts that are relevant to the requested access, until the tenant either provides written notice of the tenant’s willingness to grant access or otherwise freely grants access, or until the tenant no longer occupies the unit, whichever happens first.
3317.8A property owner shall verify that workers engaging in lead-based paint activities on the owner’s behalf are trained or certified pursuant to these regulations and that such requirements are correctly and clearly articulated in accordance with § 3317.3, and a tenant may deny access to an inspector or worker engaging in lead-based paint activities who is unable to provide proof of such training or certification.
3317.9A tenant shall allow access to his or her dwelling unit to the unit owner or the owner’s employee or representative to facilitate any work or inspection required under this chapter, provided all other conditions required by §§ 3317.3, 3317.4, 3317.5, and 3317.8 are met.