§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

C. Section 8302-A, subsection 1, paragraphs B to I and subsection 2, paragraphs A to F and H to J.

Sec. 7. 22 MRSA §8301-A, as amended by PL 2005, c. 224, §1, is further amended to read:

§8301-A. Licensure of child care facilities; certification of

family child care providers

1-A. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A. "Child care center" means:

(1) A house or other place in which a person maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 13 or more children under 13 years of age; or