LD 2047
pg. 4
Page 3 of 6 An Act to Amend the Lead Poisoning Control Act Page 5 of 6
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LR 911
Item 1

 
removal, replacement or covering of the lead-based substance. 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.__In an owner-occupied, single-family
residence the department may provide technical assistance and
guidance in lieu of enforcement activity at the department's
discretion;

 
4. Sale of dwelling, residential facility, day care center or
nursery school. If, before the end of the 30-day period or
extension, the owner sells the dwelling, premises, residential
child-care facility or preschool facility day care center or
nursery school, the owner must 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; and

 
Sec. 14. 22 MRSA §1321, sub-§6, as amended by PL 1997, c. 375, §§6 and
7, is repealed.

 
Sec. 15. 22 MRSA §1322, as amended by PL 1995, c. 453, §13, is
further amended to read:

 
§1322. Child occupants

 
A person may not knowingly rent a dwelling that has been
posted and ordered cleared of harmful lead-based substances in
accordance with section 1321 to be occupied by children. In
circumstances where the presence of lead-based paint or building
materials is unsuspected and becomes known when the dwelling is
already rented to a family with children, the family of the
children may not be evicted for that reason and the owner and
occupant of the dwelling must be given written notice by the
department advising of the existence of lead-based substances in
the dwelling and ordering that within 30 days the lead-based
substances be removed, replaced or securely and permanently
covered.

 
If the owner decides to bring any residential dwelling or
premises into compliance with this Act while a tenant is
occupying a dwelling unit, the owner may shall move the tenant to
a substitute dwelling unit upon reasonable notice as long as the.__
The owner pays shall pay reasonable moving expenses and any use
and occupancy charges for a substitute dwelling unit that exceed
the rent for the vacated dwelling unit for which the tenant
remains responsible. "Substitute dwelling unit" means a dwelling
unit of like or similar accommodation and in like or similar
location that is lead-safe. If the tenant fails to accept the
substitute dwelling unit selected by the owner while the owner is
required to bring the vacated dwelling unit into


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