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Current through October 23, 2012
(a) The Mayor of the District of Columbia is hereby authorized and directed to inspect for the presence of lead paint in all public buildings and publicly-operated residences belonging to or in the possession of the District of Columbia and regularly frequented by children under 8 years of age. Where there are reasonable grounds to believe that a lead-based paint hazard exists to the health of such children, because of the presence of lead or lead compounds in the paint, plaster, or structural materials of any such interior surface, the Mayor shall cause an analysis to be made of the paint, plaster, or structural materials of the interior structure to determine the quantity of lead or lead compounds contained in the material. If the analysis reveals the presence of lead-based paint hazards, as identified by the United States Environmental Protection Agency in 40 C.F.R. § 745.65(a) through (c), the Mayor shall cause the lead condition to be repaired or controlled; provided, that the repairs and controls shall be of a sufficient quality to equal or exceed that required of private housing located in the District of Columbia pursuant to regulations promulgated with respect to housing in the District of Columbia.
(b) When an inspection mandated by subsection (a) of this section indicates the necessity for a repair, the repair shall begin not later than 10 days after the inspection.
(c) All inspections mandated by subsection (a) of this section shall be commenced within 180 days after October 26, 1977.
(Oct. 26, 1977, D.C. Law 2-28, § 2, 24 DCR 3721; Apr. 12, 2005, D.C. Law 15-347, § 3, 52 DCR 2627.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 9-302.
1973 Ed., § 9-502.
Effect of Amendments
D.C. Law 15-347 rewrote subsec. (a) which had read as follows:
"(a) The Mayor of the District of Columbia is hereby authorized and directed to inspect for the presence of lead paint in all public buildings and publicly-operated residences belonging to or in the possession of the District of Columbia and regularly frequented by children under 6 years of age. Where there are reasonable grounds to believe that a hazard exists to the health of such children because of the presence of lead or lead compounds in the paint, plaster, or structural materials of any such interior surface, the Mayor shall cause an analysis to be made of the paint, plaster, or structural materials of the interior structure to determine the quantity of lead or lead compounds contained in the material. If the analysis reveals the presence of lead or lead compounds in a quantity in excess of 1 milligram per square centimeter of surface or in a quantity otherwise sufficient to constitute a hazard to the health of any user of the building, the Mayor shall cause the lead condition to be repaired; provided, that the repairs shall be of a sufficient quality to equal or exceed that required of private housing located in the District of Columbia pursuant to regulations promulgated with respect to housing in the District of Columbia."
Legislative History of Laws
Law 2-28, the "Public Property Lead Elimination Act of 1977," was introduced in Council and assigned Bill No. 2-85, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on June 28, 1977 and July 12, 1977, respectively. Signed by the Mayor on August 1, 1977, it was assigned Act No. 2-63 and transmitted to both Houses of Congress for its review.
Law 15-347, the "Lead-Bases Paint Abatement and Control Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-769 which was referred to the Committee Human Services. The Bill was adopted on first and second readings on December 7, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-769 and transmitted to both Houses of Congress for its review. D.C. Law 15-347 became effective on April 12, 2005.
Miscellaneous Notes
New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1983: The "Lead-Based Paint Poisoning Prevention Act of 1983" (D.C. Law 5-35, Oct. 8, 1983, 30 DCR 4156).
