Title 8 — Environmental and Animal Control and Protection.

For the purposes of this subchapter, the term: (a)(1) “Abatement” means any measure or a set of measures, except interim controls, that eliminates lead-based paint hazards by either the removal of paint and dust, the enclosure or encapsulation of lead-based paint, the replacement…

(a) All dwelling units, common areas of multifamily properties, and child-occupied facilities constructed prior to 1978 shall be maintained free of lead-based paint hazards. (b) No person shall apply a lead-based paint or glaze to any surface, including the interior and exterior …

(a) Whenever a child under age 6 with an elevated blood lead level resides in, or regularly visits a dwelling unit or child-occupied facility in the District, or upon reasonable belief that any other property located in the District may have contributed to a child’s lead exposure…

(a)(1) The owner of a dwelling unit constructed before 1978 shall disclose to the purchaser or tenant of the dwelling unit information reasonably known to the owner about the presence of any of the following conditions in the unit: (A) Lead-based paint; (B) Lead-based paint hazar…

(a) Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Mayor shall have the right, subject to subsection (f) of this section, to enter any property or inspect any activity reasonably believed to be subject to this subchapter. Upon reaso…

(a) A tenant shall allow access to his or her dwelling unit, at reasonable times, to the unit owner or the owner’s employee or representative to facilitate any work or inspection required under this subchapter following the provision of written notice by the owner at least 48 hou…

(a) A tenant may provide information to the Mayor concerning deteriorated paint or lead-based paint hazards within a property or elevated blood levels of a person at risk. (b) The provision of information in subsection (a) of this section shall be considered tenant rights.

The provisions of this subchapter do not reduce, replace, or eliminate: (1) The duties and obligations of a property owner to monitor, repair, or maintain the property as required under any applicable District law or regulation; or (2) The authority of the Mayor to enforce applic…

Repealed Repealed.

(a) An individual or business entity shall obtain the appropriate certification from the Mayor by demonstrating compliance with subsections (b) or (c) of this section, as applicable, prior to conducting a lead-based paint activity, clearance examination, or renovation in any stru…

(a) Any owner, individual, or business entity conducting any lead-based paint activity, or demolition, renovation, remodeling, painting, carpentry, plumbing, or other activity, that may generate lead-based paint chips, dust, or other lead-based paint debris, in or on the exterior…

(a) An individual or business entity may not provide training on performing lead-based paint activities under this subchapter unless accredited by the Mayor in accordance with this section. (b)(1) To receive accreditation, a training provider shall: (A) Submit an application to t…

(a) Owners, business entities, and individuals subject to this subchapter shall maintain copies of any records or reports required by this subchapter, for 6 years, or as the Mayor may otherwise establish by rule, and shall make those documents available for inspection by the Mayo…

The Mayor, after notice and opportunity for hearing, may suspend, revoke, modify, or refuse to issue, renew, or restore a certificate or accreditation issued under this subchapter if the Mayor finds that the applicant or holder: (1) Has failed to comply with any provision of this…

(a) Any notice or order served upon a respondent or other person pursuant to this subchapter may be personally served, delivered to the respondent’s or other person’s last known home or business address and left with a person of suitable age and discretion residing or employed th…

(a) Notwithstanding any other provision of this subchapter, any person who knowingly or willingly violates the provisions of this subchapter, or its implementing rules, shall be subject, upon conviction, to a fine of not more than $ 25,000 for each day of each violation, imprison…

Nothing in this subchapter is intended to, or does, create a private right of action against the government of the District of Columbia and its officers, employees, agents, representatives, contractors, successors, and assigns based upon compliance or noncompliance with its provi…

(a) Except as otherwise provided, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter. (b) Notwithstanding the requirements of § 2-552(c), where the Mayor chooses to adopt a federal regulati…

The presence of loose or peeling paint in residential premises in violation of the housing code regulations codified in Title 14 of the District of Columbia Municipal Regulations which constitutes a lead-based paint hazard under this subchapter, shall be enforced by the Mayor acc…

The remedies under this subchapter do not supplant rights and remedies that may be available against property owners and other liable parties under the common law.

The Mayor is authorized to take actions necessary to obtain authorization from the United States Environmental Protection Agency for the Mayor to administer and enforce state programs pursuant to the Renovation, Repair and Painting and Pre-Renovation Education programs under Part…

For the purposes of this subchapter, the term: (1) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell paint to retailers in the District. (2) “Environmentally sound management practices” means procedures for the collect…

(a) By April 1, 2016, a producer of paint sold at retail in the District, or a representative organization in which the producer is a member, shall submit a plan for the establishment of a paint stewardship program to the Mayor for approval. The plan shall: (1) Minimize District …

(a) Beginning September 1, 2016, or within 2 months of the Mayor’s first website publication of the list required under § 8-233.04(d), whichever is later, a retailer shall not sell or offer for sale paint to a person in the District unless the producer or the paint brand was list…

(a) The Mayor shall review and determine whether to approve a paint stewardship program plan submitted under § 8-233.02 within 120 days of its receipt. The Mayor shall make the plan available for public review for at least 30 days before determining whether to approve the plan. (…

(a) Notwithstanding the provisions of Chapter 45 of Title 28, a producer or producers and a representative organization may negotiate, enter into agreements with, share the burdens of their operation with, and conduct business with each other in accordance with this subchapter in…

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter. (b) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this subchapter or any rules issu…