§ 9-1-96. Occupant protection during abatement or interim controls.

In order to minimize the harm to persons occupying rental property where there are interim controls or lead abatement, which may disturb lead paint and potentially cause further harm or hazards to persons occupying the premises, the following shall be required:

(1)

Occupants of rental property shall not be permitted to enter the dwelling until after abatement or interim controls have been completed and clearance has been achieved;

(2)

Occupants of rental property shall be temporarily relocated by the owner for the safety of occupants during interim controls or abatement until certification by a certified clearance technician, for interim controls only, or certified lead inspector/risk assessor, for abatement or interim controls, is received; and occupants who relocated to a dwelling unit not owned by the landlord shall not be liable to the landlord for rent accruing during this time period, provided, that relocation of occupants shall not be necessary where:

a.

Abatement or interim controls will not disturb lead-based paint;

b.

Only the exterior of the dwelling unit is treated, and windows, doors, ventilation intakes and other openings in or near the area being treated are sealed during abatement or interim controls and cleaned afterward, and an entry free of lead-based paint hazards and debris is provided; and

c.

Abatement or interim controls of the interior will be completed within one (1) period of eight (8) daytime hours, the area treated is contained so as to prevent the release of leaded dust and debris into other areas, and treatment does not create other safety, health or environmental hazards;

(3)

The dwelling unit and the area treated shall be secured against unauthorized entry, and the occupants' belongings protected from contamination by lead dust and debris during or interim controls or abatement;

(4)

Occupants' belongings in the containment area shall be relocated to a safe and secure area outside the containment area, or covered with an impermeable covering with all seams and edges taped or otherwise sealed;

(5)

The area treated shall be prepared, including the placement of containment barriers, to prevent the release of leaded dust, and shall contain lead-based paint chips and other debris from hazard reduction activities within the area treated until they can be safely removed;

(6)

Practices that minimize the spread of leaded dust, paint chips, and debris shall be used; and

(7)

A warning sign shall be posted at each entry to a room where abatement or interim controls are conducted when occupants are present; or at each main and secondary entryway to a building from which occupants have been relocated. Each warning sign shall be provided in the occupants primary language.