Sec. 16. 22 MRSA §1322-D, as enacted by PL 1991, c. 810, §30, is repealed.

Sec. 17. 22 MRSA §1327, as enacted by PL 1995, c. 453, §19, is amended to read:

§1327. Essential maintenance practices

Notwithstanding any other provision of law, an owner of a building constructed prior to 1978 that is rented for residential purposes or used as a residential child-care facility or a preschool facility may perform essential maintenance practices if the owner: as defined under rules of the Department of Environmental Protection, chapter 424, "Lead Management Regulations."

1. Precautions. Takes all necessary precautions to avoid creating lead hazards during any renovation, remodeling, maintenance or repair project that disturbs a lead-based painted surface pursuant to guidelines issued by the department. For purposes of essential maintenance practices, all paint is presumed to be lead-based unless a certified inspector has determined that it is not lead-based paint. The guidelines must include:

A. A prohibition against paint removal by burning, water blasting, dry scraping, power sanding or sandblasting, unless undertaken with proper containment, cleanup and disposal;

B. A description of good work practices and precautions to prevent the spread of lead dust, including limiting access to work areas to workers, covering the work area with appropriate protective covering, protecting workers, protecting belongings of occupants by covering or removing them from the work area, wetting painted surfaces before disturbing the paint and wet sweeping debris; and

C. Appropriate cleaning of the work area at the conclusion of the work using methods designed to remove lead dust;