Code of the District of Columbia

Subchapter VIII. Lead-Based Paint Abatement and Control.


§ 8–115.01. Definitions. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 2, 43 DCR 6854; Apr. 20, 1999, D.C. Law 12-264, § 18, 46 DCR 2118; Apr. 12, 2005, D.C. Law 15-347, § 2(a), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.1.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).

For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).

For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).

For temporary (90 day) amendment of section, see § 2(a) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).

For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).

For temporary (90 day) amendment of section, see § 2(a) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).

For temporary (225 day) amendment of section, see § 2(a) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).

For temporary (225 day) amendment of section, see § 2(a) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).

Delegation of Authority

Delegation of authority pursuant to D.C. Law 11-221, “Lead-Based Paint Abatement and Control Act of 1996”, see Mayor’s Order 98-54, April 15, 1998 ( 45 DCR 2702); Mayor’s Order 98-124, August 7, 1998 ( 45 DCR 6386).


§ 8–115.02. Establishment of lead-based paint abatement and control program [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 3, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(b), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.2.

Emergency Legislation

For temporary amendment of section, see § 101 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).

Delegation of Authority

Delegation of authority pursuant to D.C. Law 11-221 the “Lead-Based Paint Abatement and Control Act of 1996”, see Mayor’s Order 97-118, June 25, 1997 ( 44 DCR 4137).


§ 8–115.03. Prohibition on lead-based paint activities. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 4, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(c), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.3.


§ 8–115.04. Exemptions from provisions of this subchapter. [Repealed]

Repealed.


(Apr. 9 1997, D.C. Law 11-221, § 5, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(d), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.4.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).

For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).

For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).

For temporary (90 day) amendment of section, see § 2(b) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).

For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).

For temporary (90 day) amendment of section, see § 2(b) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).

For temporary (225 day) amendment of section, see § 2(b) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).

For temporary (225 day) amendment of section, see § 2(b) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).


§ 8–115.05. Certification requirements for individuals and business entities to conduct lead-based paint abatement; risk assessment and inspection of lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil; or planning, project designing, and supervision of lead-based paint activities. [Repealed]

Repealed.


(Apr. 9 1997, D.C. Law 11-221, § 6, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(e), 52 DCR 2627; Mar. 2, 2007, D.C. Law 16-191, § 36(a), 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.5.


§ 8–115.05a. Required training of employees of a business entity performing interim controls and certain lead-based paint activities. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 6a; as added Apr. 12, 2005, D.C. Law 15-347, § 2(f), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)


§ 8–115.06. Accreditation of training providers. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 7, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(g), 52 DCR 2627; Mar. 2, 2007, D.C. Law 16-191, § 36(b), 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.6.


§ 8–115.07. Permit requirements.

(a) Prior to conducting a lead-based paint abatement as defined in § 8-115.01(1)(A) [repealed], business entities and individuals shall obtain a permit from the Mayor. To obtain a permit, an application shall be submitted to the Mayor for approval with the appropriate fee. The application shall contain the following information:

(1) The location of the lead-based paint abatement project;

(2) The starting and completion dates of the lead-based paint abatement;

(3) The approximate amount of lead-based paint or lead-based paint containing materials to be abated;

(4) The method of abatement to be employed;

(5) The provisions for medical surveillance and worker protection;

(6) The manner in which the waste containing lead will be disposed and location of the disposal site;

(7) A description of the areas immediately adjacent to the abatement site;

(8) Proof of certification, pursuant to § 8-115.05, of the business entity and of all individuals who will be engaging in the lead-based paint abatement; and

(9) Any other information required by the Mayor through the formal rulemaking and regulatory process of § 8-115.14.

(b) A permit fee determined by the Mayor shall be assessed for each lead-based paint abatement project. The Mayor may by rulemaking revise permit fees as necessary to recover the costs of administering and enforcing this subchapter. Permits shall be valid for a period not to exceed one year from the date of issuance. Each permit shall be limited to one site and shall not be transferable to another site.

(c) A single application and permit shall be sufficient for an entire abatement project. Separate permits for each unit or building are not required as long as the units and buildings are located on the same real property.


(Apr. 9, 1997, D.C. Law 11-221, § 8, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(h), 52 DCR 2627.)

Prior Codifications

1981 Ed., § 6-997.7.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(c) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).

For temporary (90 day) amendment of section, see § 2(c) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).

For temporary (90 day) amendment of section, see § 2(c) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).

For temporary (90 day) amendment of section, see § 2(c) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).

For temporary (90 day) amendment of section, see § 2(c) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).

For temporary (90 day) amendment of section, see § 2(c) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(c) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).

For temporary (225 day) amendment of section, see § 2(c) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).

For temporary (225 day) amendment of section, see § 2(c) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).

Editor's Notes

Section 21(b) of D.C. Law 17-381 provided that section 8 shall be deemed repealed upon issuance of rules by the Mayor under this act regarding abatement permit requirements.


§ 8–115.07a. Clearance report required; Record keeping requirements. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 8a; as added Apr. 12, 2005, D.C. Law 15-347, § 2(i), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)


§ 8–115.08. Record keeping requirements. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 9, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(j), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.8.


§ 8–115.09. Inspections by the Mayor. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 10, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(k), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.9.


§ 8–115.10. Denial, suspension, or revocation. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 11, 43 DCR 6854; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.10.


§ 8–115.11. Hearings. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 12, 43 DCR 6854; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.11.


§ 8–115.12. Criminal penalties/fines. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 13, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(l), 52 DCR 2627; Mar. 2, 2007, D.C. Law 16-191, § 36(c), 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.12.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).

For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).

For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).

For temporary (90 day) amendment of section, see § 2(d) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).

For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).

For temporary (90 day) amendment of section, see § 2(d) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).

For temporary (225 day) amendment of section, see § 2(d) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).

For temporary (225 day) amendment of section, see § 2(d) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).

Editor's Notes

Section 5 of D.C. Law 15-347 provided: “Sec. 5. Applicability. Section 2(l) and (m) shall apply upon publication in the District of Columbia Register by the Mayor of a list of civil infraction fines and a recommended schedule of fines or penalties for the Superior Court of the District of Columbia to consider.”


§ 8–115.13. Civil penalties/fines; civil infractions. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 14, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(m), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.13.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).

For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).

For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).

For temporary (90 day) amendment of section, see § 2(e) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).

For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).

For temporary (90 day) amendment of section, see § 2(e) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).

For temporary (225 day) amendment of section, see § 2(e) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).

For temporary (225 day) amendment of section, see § 2(e) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).

Editor's Notes

Section 5 of D.C. Law 15-347 provided: “Sec. 5. Applicability. Section 2(l) and (m) shall apply upon publication in the District of Columbia Register by the Mayor of a list of civil infraction fines and a recommended schedule of fines or penalties for the Superior Court of the District of Columbia to consider.”

For Law 17-381, see notes following § 8-115.01.


§ 8–115.14. Rulemaking. [Repealed]

Repealed.


(Apr. 9, 1997, D.C. Law 11-221, § 15, 43 DCR 6854; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)

Prior Codifications

1981 Ed., § 6-997.14.

Emergency Legislation

For temporary (90 day) addition, see § 3 of the Multiple Dwelling Residence Water Lead Level Test Emergency Act of 2004 (D.C. Act 15-483, July 19, 2004, 51 DCR 7833).

For temporary (90 day) addition, see § 3 of Multiple Dwelling Residence Water Lead Level Test Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-560, October 26, 2004, 51 DCR 10382).