§6030-B. Environmental lead hazards
1. Environmental lead hazard disclosure.
[PL 2011, c. 96, §1 (RP).]
2. Application.
[PL 2011, c. 96, §2 (RP).]
3. Notification of repairs. A landlord or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential property who undertakes, or who engages someone else to undertake, any repair, renovation or remodeling activity in a residential building built before 1978 that includes one or more units that are rented for human habitation shall give notice of the activity and the risk of an environmental lead hazard pursuant to this subsection.
A. Notice must be given at least 30 days before the activity is commenced by:
(1) Posting a sign on the building's exterior entry doors; and
(2) A notice sent by certified mail to every unit in the building. [PL 2007, c. 238, §1 (NEW).]
B. Notwithstanding paragraph A, notice may be given less than 30 days before the activity is commenced by:
(1) Posting a sign on the building's exterior entry doors; and
(2) Obtaining from one adult tenant of each unit in the building a written waiver of the 30-day notice requirement and a written acknowledgment of receipt of notice for the particular activity. [PL 2007, c. 238, §1 (NEW).]
C. The waiver of the 30-day notice requirement pursuant to paragraph B must be in plain language, immediately precede the signature of the adult tenant, be printed in no less than 12-point boldface type and be in the following form or in a substantially similar form:
NOTICE: YOU ARE WAIVING YOUR RIGHT UNDER STATE LAW TO RECEIVE 30 DAYS' NOTICE PRIOR TO ANY REPAIR, RENOVATION OR REMODELING ACTIVITY TO A RESIDENCE BUILT BEFORE 1978. RESIDENCES BUILT BEFORE 1978 MAY CONTAIN LEAD PAINT SUFFICIENT TO POISON CHILDREN AND SOMETIMES ADULTS. WORKERS PERFORMING RENOVATIONS OR REPAIRS IN HOUSING BUILT BEFORE 1978 SHOULD USE LEAD-SAFE WORK PRACTICES THAT MINIMIZE AND CONTAIN LEAD DUST AND SHOULD CLEAN THE WORK AREA THOROUGHLY TO PREVENT LEAD POISONING. [PL 2007, c. 238, §1 (NEW).]
D. For purposes of this subsection, "repair, renovation or remodeling activity" means the repair, reconstruction, restoration, replacement, sanding or removal of any structural part of a residence that may disturb a surface coated with lead-based paint. [PL 2007, c. 238, §1 (NEW).]
E. For purposes of this subsection, "environmental lead hazard" means any condition that may cause exposure to lead from lead-contaminated dust or lead-based paint. [PL 2007, c. 238, §1 (NEW).]
F. Emergency repairs are exempt from the notification provisions of this subsection. For purposes of this paragraph, "emergency repairs" means repair, renovation or remodeling activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard or threatens equipment or property with significant damage. [PL 2007, c. 238, §1 (NEW).]
G. A person who violates this subsection commits a civil violation for which a fine of up to $500 per violation may be assessed. This paragraph is enforceable in either District Court or Superior Court. [PL 2007, c. 238, §1 (NEW).]
H. This subsection may not be construed to limit a tenant's rights, a landlord's duties or any other provisions under section 6026 or Title 22, chapter 252. [PL 2007, c. 238, §1 (NEW).]
[PL 2009, c. 566, §17 (AMD).]
SECTION HISTORY
PL 2005, c. 339, §1 (NEW). PL 2007, c. 238, §1 (AMD). PL 2009, c. 566, §17 (AMD). PL 2011, c. 96, §§1, 2 (AMD).