Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 292 - RULES RELATING TO THE LEAD POISONING CONTROL ACT
Section 144-292-4 - ENVIRONMENTAL LEAD INVESTIGATIONS

Universal Citation: 10 ME Code Rules ยง 144-292-4

Current through 2024-38, September 18, 2024

A. General Provisions

The Lead Poisoning Control Act, 22 M.R.S. §§1320 & 1320-A specifies conditions under which the Department may perform an environmental lead investigation. Pursuant to the Act, the Department must, except in the case of an owner-occupied single-family residence, inspect any dwelling unit within the dwelling, when a lead poisoned child or lead based substance is found. These rules clarify which dwellings, premises or facilities are to be inspected, and under which circumstances inspections are required.

B. Residential Dwellings Subject to Environmental Lead Investigations

(1) Primary Residences: Except in the case of an owner occupied, single family residence, all dwelling units within a residential dwelling shall be subject to an environmental lead investigation by a state lead investigator within 30 days of the discovery of any of the following circumstances:
(a) The primary residential dwelling or dwelling unit has a child with a case of lead poisoning; or

(b) Lead-based substances have been found in any dwelling unit within the dwelling where lead-based substances include lead hazards as determined by a lead inspector.

(2) Primary Residences may be subject to an environmental lead investigation by a State lead investigator, to the extent that resources allow, when the following occurs:
(a) There are reasonable grounds (such as, but not limited to, evidence of chipping and peeling lead paint, as determined by a lead check performed by a third party or a positive home lead dust test kit in dwelling with children), to suspect that there are lead-based substances in, or upon, the exposed surfaces of any dwelling unit; or

(b) Upon request of either the owner or the occupant with whom children reside.

(3) Secondary premises: May be inspected when a child remains lead poisoned and no other potential sources were identified in the child's primary residence, or the child visits such secondary premises for at least 6 hours per week.

(4) Previous residences: May be inspected when no other potential sources were identified in the primary or secondary residences, or if the parent or guardian has reported the previous residence to have paint in deteriorated condition.

(5) New residence: May be inspected in the event a child with a lead poisoning moves or temporarily relocates to a new residential dwelling, such new premises may be subject to an environmental lead investigation under the following circumstances:
(a) there is not clear evidence of a drop in the child's blood lead level; and/or

(b) there are reasonable grounds to suspect that there are lead-based substances in or upon the exposed surfaces of any dwelling unit or child occupied facility.

(6) Single Family Owner-Occupied Residence: The Department, at its discretion, may inspect an owner-occupied single-family residence whenever a lead-poisoned child has been identified as residing in or receiving care in that residence.

C. Scope of Environmental Investigations. The Department may gather relevant information pertaining to the environmental lead investigation, including, but not by way of limitation, the following:

(1) Number of units in the building;

(2) Number of units rented or leased to families with children up to 6 years of age;

(3) Names and telephone numbers of adult occupants of all dwelling units in a multi-unit building;

(4) Age and history of the building, including any renovation in both residential dwelling units and common areas; and

(5) The collection of samples of paint, soil, dust, or water as is appropriate.

D. Notice of Environmental Lead Hazards

(1) Notice posted. Upon determination of an environmental lead hazard the State lead investigator shall post in a conspicuous place or places a "notice" of the existence of the environmental lead hazards prior to leaving the dwelling on the date of the investigation. In multi-unit buildings, this notice shall be positioned in a common area for all building residents to view. The notice or notices shall be posted in such a way as to be visible to all building tenants.

This notice may not be removed until the Department demonstrates that the identified lead hazard(s) no longer exist. It is the responsibility of the owner to ensure the notice remains in place.

(2) Notice to All Occupants. In the case of a rental unit, "a residential lead-based paint notice" shall also be mailed or delivered to the occupants.

E. Report to Owner and Order to Abate

(1) Notice to Owner. The Department shall send a copy of the environmental lead investigation report to the owner of the residential dwelling premises, residential child-care facility or child-occupied facility. The report shall be sent by certified mail, return receipt requested.

(2) Order to Abate. The Department shall order the owner to abate the environmental lead hazards identified in the environmental lead investigation report within thirty (30) days of receipt of notice.

(3) Extension of Time to Abate.If the lead-based hazards cannot be removed, replaced or securely and permanently covered within 30 days, the owner, or abatement contractor, may request an extension for a reasonable period of time. The request must be made in writing to the Maine Childhood Lead Poisoning Prevention Program, and must state the work completed to date, the reason why the remaining work cannot be completed in 30 days, and an outline of an expected completion date. The Department may grant an extension in writing, to complete the abatement activity within a reasonable period of time. Additional extension requests, if needed, follow the same procedure.

(4) In the case of an owner-occupied, single family residence, the Department may, in its discretion, provide such technical assistance and guidance to the property owner as it determines appropriate to achieve a lead-safe environment in the residential dwelling unit. The Department may provide such technical assistance and guidance, in its discretion, either in lieu of, or in coordination with an enforcement action by the Department.

(5) Selling of property
(a) If the owner opts to sell the dwelling, premises, child care facility, premises of the family child care provider, residential child-occupied facility or nursery school prior to abatement, the owner shall notify the prospective buyer in writing of the environmental lead hazard;

(b) The new owner is required to assume the responsibilities for abatement and other specified actions such as but not limited to relocation, as identified in the Order to Abate.

F. Owner requirements for eviction and relocation of tenants and re-rental of units

(1) Eviction: The owner may not evict any occupying family with children for the reason of the presence of lead-based paint or building materials which is unsuspected and then becomes known, in any posted dwelling unit.

(2) Relocation: Until the owner complies with the ordered abatement of the lead hazards in the child-occupied dwelling unit, the owner shall relocate the occupying family to a substitute dwelling unit. The owner shall be responsible for the costs of the relocation, including, but not limited to:
(a) Moving expenses;

(b) Any use and occupancy charges, including any difference in rent, in excess of the normal monthly rent paid to the owner

(c) The cost of establishing utilities at the substitute dwelling unit, utility usage charges at the vacated unit until the unit is cleared for re-occupancy; and

(d) The security deposit and the last month's rent, if required by owner and/or being paid in installments by tenant, will be returned to the tenant for use as the security deposit and the last month's rent for a substitute dwelling unit. Any difference in cost between the security deposit/last month's rent for the affected dwelling and any security deposit/last month's rent for the substitute dwelling, will be supplied by the owner. If a security deposit/last month's rent was not required originally, but is required for the substitute dwelling, then the owner will be responsible for payment of such expenses.

The Department may, on a case-by-case basis, waive the requirement to relocate the occupying family to a substitute dwelling unit if the Department determines that interim controls sufficiently protect children of the unit until full abatement of the lead hazards is achieved. The requirement to relocate may be reviewed and reinstated, should new information become available. Examples include, but are not limited to, an increase in blood lead levels.

(3) Restriction on Re-rental of Units: A vacant or vacated dwelling that has been posted for lead hazards and ordered abated may not be rented to any tenants prior to the completion of the required abatement activities.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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