1. (a) When lead hazard reduction work has been performed and the dwelling, dwelling unit, or child-care facility is vacant or occupants have been relocated for the duration of the work, the dwelling, dwelling unit, or child care facility shall not be re-occupied by existing or new occupants until:

   1. (1) A clearance inspection conducted pursuant to He-P 1608.12 determines that no lead exposure hazards remain in the dwelling unit of a multi-family home or the interior of a dwelling of a single family home or child-care facility;
   2. (2) A certificate described in He-P 1608.14(a) has been issued by a licensed risk assessor for the interior, as well as, at a minimum, safe passage of at least one means of egress associated with dwelling, dwelling unit, or child care facility;
   3. (3) The owner has provided the prospective or existing residents with proper disclosure including any known information concerning the existence of lead-based substances and any known lead exposure hazards and available records per 40 CFR 745, Lead-Based Paint Poisoning Prevention in Certain Residential Structures; and
   4. (4) The owner has notified the occupants, in writing, of any known remaining hazards and future planned lead hazard reduction work and has an occupant protection plan in place including continued safe passage in and out of the dwelling, dwelling unit, or child care facility for the duration of the remaining lead hazard reduction work on other areas of the dwelling including common areas, exteriors, and soils.

2. (b) When an order of lead hazard reduction has been issued, in addition to the requirements of He-P 1608.13(a) above the owner shall:

   1. (1) Obtain a certificate of lead safe-abatement from a licensed risk assessor prior to re-occupancy for the interior of the dwelling, dwelling unit, or child care facility;
   2. (2) Send the department a copy of the certificate of lead safe-abatement prior to re-occupancy;
   3. (3) Provide the tenants with a copy of the risk assessment, work scope, and certificate of lead safe-abatement for the interior of their dwelling unit prior to re-occupancy;
   4. (4) Provide notice to the tenants in writing that if lead hazard reduction work is not entirely complete in the dwelling to continue to follow the occupant protection plan until a certificate of lead safe-abatement has been issued for the entire dwelling including the exterior and all common areas; and
   5. (5) Have all remaining lead hazard reduction work completed and obtain a certificate of lead safe-abatement on the remaining areas including interior common areas and exteriors indicated in the order of lead hazard reduction under the existing work scope and occupant protection plan for the project within the time frame determined by the commissioner.

Source. #9986, eff 9-1-11, EXPIRED 9-1-19 (from He-P 1605.16) New. #13052, eff 6-11-20; ss by #14230, eff 4-2-25