707.1 Loose or peeling wall covering or paint on interior surfaces shall be removed, and the surface so exposed shall be repainted or repapered by the owner, except as provided otherwise in § 707.2.

707.2 If a room or ceiling is completely replastered and white-coated, that room or ceiling need not be painted or papered.

707.3 The owner of any residential premises in which there resides a child under the age of 8 years or to which a child under the age of 8 years is a regular visitor who spends a substantial portion of his or her time in the premises, shall maintain the interior and exterior surfaces of the residential premises free of lead-based paint hazards as defined by the United States Environmental Protection Agency in 40 C.F.R. § 745.65(a) through (c).

707.4 The Director of the agency responsible for enforcement of housing regulations shall order the owner of the residential premises in which a lead-based paint hazard was found to:

(a) Remove all materials containing lead or lead in its compounds from the interior or exterior surfaces to their base surface, under safety conditions approved by the directors of the agencies responsible for the enforcement of the housing and health regulations, and then either cover surfaces with a paint containing not more than six one-hundredths of one percent (0.06%) lead by weight (calculated as lead metal in the total nonvolatile content of the paint) or leave the surfaces in their natural state; provided, that the flame spread rating of the natural state complies with the requirements of the 2000 International Existing Building Code as incorporated into the District of Columbia Construction Codes Supplement of 2003;

(b) Covering the interior or exterior surfaces with a durable material approved by the agency responsible for the enforcement of health regulations; or

(c) Eliminate the lead hazard by other methods approved by the agency responsible for the enforcement of health regulations.

707.5 Inaccessible exterior surfaces must be scraped to remove peeling and flaking paint and to make the surface tight.

707.6 No surface which is the subject of a notice pursuant to this section shall be refinished until a District of Columbia certified inspector or risk assessor has certified in writing that the condition affecting the surface has been abated in accordance with this section.

707.7 Any owner who is served with an order pursuant to this section shall comply with the order

within fifteen (15) days of its service upon him or her or shall obtain an extension of the fifteen (15)-day period from the Director of the agency responsible for enforcement of the housing regulations. No extension shall exceed thirty (30) days, but thirty (30)-day extensions may be renewed at the discretion of the Director of the agency responsible for enforcement of the housing regulations.

707.8 The Director of the agency responsible for the enforcement of the health regulations shall be the designated agent of the District of Columbia to inspect any residential premises where there is reason to believe lead may present a health hazard because of the presence of a child under the age of 8 years who lives in the premises or is a regular visitor to the premises who spends a substantial portion of his or her time there.

707.9 For the purpose of this section, the phrase “a substantial portion of his or her time” means at least ten (10) hours per week in the aggregate on a regular basis.

707.10 The designated agent is authorized to secure specimens of paint, plaster, or structural materials, and to analyze or cause an analysis to be made of the specimens to determine the quantity of lead or lead in its compounds contained in the material whenever the agent:

(a) Upon inspection finds the presence of flaking, peeling, chipped or loose paint, plaster, or structural materials on any interior or exterior surface of any residential premises; or

(b) Has other reasonable grounds to believe that a hazard may exist to the health of any inhabitant of or visitor to the residential premises because of the presence of lead or lead in its compounds on the surfaces.

707.11 The agent may, instead of securing specimens, as described in § 707.10, test a surface with an in situ analyzer device.

707.12 In instances where suspected lead poisoning has been reported and verified, the Mayor or his or her designated agent may cause the inspection of any exterior surface, beyond those surfaces specifically defined in § 199, and order corrections of any exterior surface condition found hazardous under § 707.13; provided, that there is a reasonable probability that the exterior surface conditions on the property other than those specifically defined in § 199 are related to the reported lead poisoning.

707.13 In any case in which analysis reveals the presence of lead or lead in its compounds in a quantity exceeding five-tenths (0.5) of one percent (1%) of the total weight of the material or more than seven-tenths of a milligram per square centimeter (0.7 mg/cm2) or lead-based paint hazards as identified by the United States Environmental Protection Agency in 40 C.F.R. § 745.65(a) through (c), the agent shall notify the Director of the agency responsible for enforcement of the housing regulations, in writing, within seventy-two (72) hours, that the premises contain lead-based paint or that a lead poisoning hazard exists.

707.14 The Director of the agency responsible for enforcement of the health regulations shall notify, in writing, the inhabitants and the owner of record of the property that a lead poisoning hazard exists.

707.15 In order to determine compliance with the provisions of this section, the Mayor and any other duly authorized official of the District of Columbia having jurisdiction over, or responsibilities pertaining to, any residential premises shall have the right, after presenting official credentials of identification and authority issued by the District of Columbia either with or without prior notice, to enter upon and into any residential premises in which any of the following conditions exist:

(a) One (1) or more children under the age of eight(8) years reside at the premises and there is chipped, peeling, or flaking paint, or other materials on one (1) or more surfaces which are reasonably accessible to children under the age of eight(8) years; or

(b) A medical evaluation completed within the sixty (60)-day period preceding an inspection has revealed the presence of lead toxicity in any occupant or regular visitor to the premises who spends a substantial portion of his or her time there.

707.16 The entry and inspection pursuant to § 707.15 shall take place with the least possible disruption to the occupants.

707.17 The right of entry and inspection set forth in 707.15 shall be extended to any residential premises which the Mayor has reason to believe are in violation of the provisions of this section.

707.18 No entry or inspection of any residential premises shall be made without the permission of the occupant of the premises unless a warrant is obtained first from the Superior Court of the District of Columbia pursuant to D.C. Official Code § 11-941 (2001), authorizing the entry and inspection for the purpose of determining compliance with provisions of this section.

707.19 Any entry and inspection shall be made with the least possible disruption to the occupants.

SOURCE: The Housing Regulations of the District of Columbia, 5G DCRR § 2605, Commissioners' Order 55-1503 (August 11, 1955), as amended by section 2 of the Lead-Based Paint Poisoning Prevention Act of 1983, D.C. Law 5-35, 30 DCR 5407 (Oct. 21, 1983); incorporating by reference the text of D.C. Act 5-57, 30 DCR 4156 (August 19, 1983); as amended by: D.C. Act 14-438 (emergency) at 49 DCR 7676 (August 9, 2002) [EXPIRED]; as amended by: D.C. Act 15-411 (emergency) at 51 DCR 4677 (May 7, 2004) [EXPIRED]; as amended by: D.C. Act 15-430 (emergency) at 51 DCR 5718 (June 4, 2004) [EXPIRED]; as amended by: D.C. Act 15-468 (emergency) at 51 DCR 7587 (August 6, 2004) [EXPIRED]; as amended by: D.C. Act 15-769 at 52 DCR 2627 (March 18, 2005).