Lead-Based Pain Abatement and Control Amendment Act of 2004
Bill 15-721

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee on Human Services.

To amend the Lead-Based Paint Abatement and Control Amendment Act of 1996 to change exemptions and increase criminal and civil penalties and fines for violations to match federal standards; to amend the Housing Regulations of the District of Columbia to require notice to the Department of Health of peeling paint in older housing businesses; and to amend section 806 of Title 20 of the District of Columbia Municipal Regulations to make technical amendments.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Lead-Based Paint Abatement and Control Amendment Act of 2004".

Sec. 2. The Lead-Based Paint Abatement and Control Act of 1996, effective April 9, 1997 (D.C. Law 11-221; D.C. Official Code §8-115.01 et seq.), is amended as follows:

(a) Section 2 (D.C. Official Code § 8-115.01) is amended as follows:

(1) Paragraph (2) is amended by striking the number "8" and inserting the number "6" in its place.

(2) Paragraph (8) is amended by striking the phrase "exceeding .5% of the total weight of the material or more than seven-tenths of a milligram per square centimeter (0.7 mg/cm²)" and inserting the phrase "equal to or exceeding .5% of the total weight of the material, or equal to or more than one milligram per square centimeter (1.0 mg/cm²)" in its place.

(3) A new paragraph (12) is added to read as follows:

"(12) "0-bedroom unit" means any residential unit in which the living areas are not separated from the sleeping areas.".

(b) Section 5 (D.C. Official Code § 8-115.04) is amended as follows

(1) Paragraph (1) is amended by striking the number "8" and inserting the number "6" in its place.

(2) Paragraph (2) is amended by striking the number "8" and inserting the number "6" in its place.

(c) Section 8(a) (D.C. Official Code § 8-115.07(a)) is amended by striking the phrase "individuals, except governmental agencies." and inserting the phrase "individuals" in its place.

(d) Section 13(a) (D.C. Official Code §8-115.12(a)) is amended to read as follows:

"(a) Notwithstanding any other provision of this act, any person who knowingly or willfully violates sections 4, 6, 7, or 8, or the implementing rules and regulations, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not more than $25,000, imprisonment of not more than one year, or both.".

(e) Section 14(a) (D.C. Official Code §8-115.13(a)) is amended by striking the phrase "$500" and inserting the phrase "$25,000" in its place.

Sec. 3. The Housing Regulations of the District of Columbia, issued August 11, 1955 (C.O. 55-1503; 14 DCMR Chapters 1-13), are amended as follows:

(a) Section 1102 (14 DCMR § 199.1) is amended by amending the definition for the term "exterior surface" by striking the number "8" and inserting the phrase "six (6)" in its place.

(b) Section 2605.2 (14 DCMR §§ 707.8-707.12) is amended by striking the number "8" and inserting the phrase "six (6)" in its place.

(c) Section 2605.3 (14 DCMR §§ 707.13-707.14) is amended as follows:

(1) Strike the phrase "exceeding 0.5 of I percent or more of the total weight of the materials or 0.7 milligrams or more per square centimeter (0.7 mg/cm2)" and insert the phrase "equal to or exceeding five-tenths of one percent (0.5%) or more of the total weight of the materials or equal to or exceeding one milligram per square centimeter (1.0 mg/cm²), in its place.

(2) Strike the number "8" wherever it appears and insert the phrase "six (6)" in its place.

(d) Section 2605.4 (14 DCMR §§ 707.3-707.4) is amended as follows:

(1) Strike the number "8" wherever it appears and insert the phrase "six (6)" in its place.

(2) Strike the phrase "exceeding 0.5 of 1 percent of the total weight of the material or more than 0.7 milligrams per square centimeter (0.7 mg/cm²)" wherever it appears and insert the phrase "equal to or exceeding five-tenths of one percent (0.5%) of the total weight of the material or equal to or more than one milligram per square centimeter (1.0 mg/cm²)" in its place.

(e) Section 2605a(a) (14 DCMR §§ 707.15-707.16) is amended by striking the number "8" wherever it appears and inserting the phrase "six (6)" in its place.

(f) A new section 3103.6 (14 DCMR § 201.6) is added to read as follows: "3103.6 The Director of the District agency responsible for enforcement of the housing regulations shall report to the Director of the District agency responsible for health regulations the presence of peeling paint on the interior or exterior surfaces of any housing built before 1978, and licensed under this chapter, excluding hotels and motels.".

Sec. 4. Section 806.1(e)(3) of Title 20 of the District of Columbia Municipal Regulations (February 1997) (20 DCMR § 806.1(e)(3)) is amended by striking the phrase "If performing clearance tests, the" and inserting the word "The" in its place.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 502(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). 

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.