LD 1887
pg. 2
Page 1 of 8 An Act To Update Licensing and Certification Requirements for Child Care Facili... Page 3 of 8
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LR 3007
Item 1

 
owner and order that the lead-based substances be removed, replaced
or securely and permanently covered within 30 days of receipt of
the notice. If the lead-based substances can not be removed,
replaced or securely and permanently covered within 30 days, the
department may grant an extension of reasonable time. All lead-
based paint activities must be performed in accordance with rules
adopted by the Department of Environmental Protection pursuant to
Title 38, chapter 12-B. In the case of an owner-occupied, single-
family residence, the department may provide technical assistance
and guidance in lieu of enforcement activity at the department's
discretion; and

 
4. Sale of dwelling, residential facility, child-occupied
facility or nursery school. If, before the end of the 30-day
period or extension, the owner sells the dwelling, premises,
child care facility, premises of the home day family child care
provider, residential child-occupied facility or nursery school,
the owner shall notify the prospective buyer of the environmental
lead hazard and the new owner must assume the responsibility of
carrying out the requirements of this section within the
specified time period.

 
Sec. 5. 22 MRSA §1326, as amended by PL 2003, c. 421, §10, is
further amended to read:

 
§1326. Injunction requiring removal

 
If the lead-based substance remains an environmental lead
hazard at the expiration of 30 days or at the expiration of an
extension given by the commissioner pursuant to section 1321, the
State, in addition to any other remedies it has, may seek a
mandatory injunction ordering the environmental lead hazard
removed by a suitable 3rd party at the expense of the owner of
the dwelling, premises, residential child-occupied facility,
child care facility, premises of the home day family child care
provider or nursery school.

 
Sec. 6. 22 MRSA §7702-A, sub-§3, as enacted by PL 1999, c. 363, §3, is
amended to read:

 
3. Licensure provisions. A person who violates the following
sections or rules adopted pursuant to those sections is subject
to the sanctions provided for under the rules of licensure
applicable to the facility, day care center child care facility
or home day family child care provider:

 
A. Section 7801, subsection 1, paragraph A;

 
B. Section 8301-A; or


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