Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 50 - Environmental health
Subchapter 15 - HEALTHY ENVIRONMENT
Part 3 - Lead Poisoning Prevention Compliance and Enforcement
Section 216-RICR-50-15-3.2 - Applicability
Universal Citation: 216 RI Code of Rules 50 15 3.2
Current through September 18, 2024
3.2.1 Regulated Persons
A. The following persons are subject to this
Part:
1. Medical Providers
a. Primary care physicians, pediatricians, or
other health care providers licensed in Rhode Island;
b. Primary care physicians, pediatricians, or
other health care providers of children residing in Rhode Island;
c. Rhode Island health care facilities,
including but not limited to, hospitals, clinics and health maintenance
organizations;
d. Health care
programs funded in whole or in part with State funds or administered by any
State agency and having child health components, including, but not limited to:
Special Supplemental Food Program for Women, Infants & Children (WIC);
Preventive Pediatric Services Program; Medicaid; General Public Assistance; and
RIte Care.
2.
Administrators of Schools and Child Care Facilities
a. Public and private kindergartens,
preschools, early childhood education programs, child day care centers, or
other child care programs shall require written verification of compliance with
the blood lead screening requirements in this Section as a condition for
initial enrollment.
b. The written
verification must be completed by the child's health care provider, or other
individual who conducted the screening, on forms approved by the
Department.
c. The blood lead
screening requirements in §
3.4 of this Part do not apply
if a child's parent signs a sworn statement indicating that blood lead
screening is contrary to his or her religious tenets and
practices.
3. Sellers and
Lessors
a. The following persons are subject
to the real estate notification and disclosure requirements in §
3.8 of this Part:
(1) All persons who sell or lease target
housing;
(2) All persons who act as
an agent for a seller or lessor of target housing; and
(3) Mortgagees selling target housing through
a foreclosure process.
4. Exemptions to Real Estate Notification and
Disclosure
a. Sellers, lessors, and their
agents are exempt from the real estate notification and disclosure requirements
in §
3.5 of this Part for the
following transactions:
(1) Sales and leases
of any residential dwelling constructed after January 1, 1978;
(2) Sales and leases of any residential
premises which meet the lead-safe standards in §
5.8 of this Subchapter,
provided that a Certification of Lead-Free Status or Full Lead-Safe Certificate
(Form PBLC-21) is provided to the purchaser(s) or lessee(s), as
applicable;
(3) Renewals of
existing leases in which the lessor has previously complied with all
requirements of this Section, if proof of disclosure is retained for at least
three (3) years or the term of tenancy, whichever period is longer;
(4) Sales and leases of zero (0) bedroom
dwelling units or housing for the elderly or persons with disabilities in which
no child resides; and
(5)
Short-term leases of one hundred (100) days or less where no lease renewal or
extension can occur.
5. Property Owners and Managers
a. The following persons are subject to the
owner responsibilities in § 3.2.4 of this Part:
(1) Owners of target housing;
(2) Owners of regulated facilities;
and
(3) Owners in receipt of any
notice or order from the Department.
6. Persons who offer or conduct any activity
in Rhode Island that will disturb lead-based paint for any reason at a
regulated facility or for compensation at target housing require a license
and/or certification, as applicable, in accordance with §§
11.4 and
11.5 or
11.6 of this Subchapter, as
applicable.
7. Persons who offer or
conduct blood lead analysis and/or environmental lead analysis require a
certification, license, and/or approval from the Department in accordance with
§
11.9 of
this Subchapter, as applicable.
8.
Persons who advertise to provide any regulated activities in Rhode Island shall
include their applicable Department license number in all advertisements for
that work.
3.2.2 Regulated Facilities
A. The following facilities are subject to
the requirements of this Part:
1. Residential
Facilities
a. Non-exempt pre-1978 residential
rental units, including single family dwellings, multi-family dwelling units
and common areas, whether occupied or vacant;
b. Pre-1978 owner-occupied dwelling units,
including single-family dwellings, multi-family dwelling units and common
areas, in which a child resides or is expected to reside;
c. Any pre-1978 foster home where a foster
child resides or is expected to reside;
d. Any other pre-1978 property in which a
child resides or is expected to reside; or
e. Any pre-1978 building or part of a
building being converted into target housing.
2. Child Care Facilities
a. Family child care homes;
b. Group family child care homes;
c. Child day care centers;
d. Nursery schools, preschools, and
kindergarten classrooms; and
e. Any
pre-1978 building or part of a building being converted into child care
facilities.
3. Exemptions
a. Housing for the elderly or persons with
disabilities provided that no child resides in such dwellings; and
b. Zero (0) bedroom dwelling units in which
no child resides.
Disclaimer: These regulations may not be the most recent version. Rhode Island 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
