Chapter 628
H.P. 1584 - L.D. 2218
PART B
Sec. B-1. 38 MRSA §1291, sub-§19-A  is enacted to read:
19-A. Lead-safe.
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"Lead-safe" means premises do not contain lead at a level or in a condition that constitutes an environmental hazard, according to rules adopted pursuant to section 1295.
Sec. B-2. 38 MRSA §1291, sub-§23-A  is enacted to read:
23-A. Property owner.
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"Property owner" means a person, firm, corporation, guardian, conservator, trustee, executor, legal representative or registered agent who alone or jointly and severally with others owns, holds or controls the whole or any part of the freehold or leasehold interest to any property, with or without actual possession.
Sec. B-3. 38 MRSA §1291, sub-§26-A  is enacted to read:
26-A. Residential dwelling.
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"Residential dwelling" means a room or group of rooms that form a single independent habitable unit for permanent occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. "Residential dwelling" does not include: A. An area not used for living, sleeping, eating, cooking or sanitation, such as an unfinished basement, that is not readily accessible to children under 6 years of age;
B. A unit within a hotel, motel or seasonal or temporary lodging facility unless the unit is occupied by one or more children under 6 years of age for a period exceeding 30 days;
C. An area that is secured and inaccessible to occupants;
D. Housing for the elderly, or a dwelling unit designated exclusively for adults with disabilities. This exemption does not apply if a child under 6 years of age resides or is expected to reside in the dwelling unit or visit the dwelling unit on a regular basis; or
E. An unoccupied dwelling unit that is to be demolished, as long as the dwelling unit remains unoccupied until demolition.
Sec. B-4. 38 MRSA §1298  is enacted to read:
1. Registry.
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The department shall maintain a registry of leased residential dwellings built before 1978 that are lead-safe as designated by the property owners in accordance with subsection 2.
2. Designation as lead-safe.
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A leased residential dwelling may be designated as lead-safe for the purposes of this section if the property owner has submitted to the department an application for the property to be placed on the registry created under subsection 1. Submission of an application to the registry is voluntary on the part of the property owner.
3. Application.
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The application under subsection 2 must be submitted together with a report by a lead inspector that indicates that the leased residential dwelling has been tested for the presence of lead-based paint and lead-contaminated dust and that the dwelling meets the requirements for certification as lead-safe in accordance with the standards and procedures established by rules adopted by the commissioner.