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(A) Lead-Safe Housing Registry. The Louisville Metro Department of Public Health and Wellness shall create a Lead-Safe Housing Registry for the purpose of maintaining records on the status and compliance of rental housing units pursuant to this chapter. Such information shall be maintained and made available to the public in the rental registry established in Chapter 119.
(B) Responsibility. The owner of any rental housing unit shall in addition to the requirements of Chapter 119, register each individual rental housing unit pursuant to this chapter. No owner shall rent, offer to rent, or allow occupancy of a rental housing unit without complying with the terms of this chapter. It shall be a violation of this chapter for an owner to allow a rental housing unit to be occupied with a lead-based hazard.
(C) Requirements. In addition to satisfying the requirements of Chapter 119, the owner of a rental housing unit to which this chapter applies, shall submit the following information to the Louisville Metro Department of Public Health and Wellness:
(1) The date of construction for all rental Housing Units and, if requested, available proof of the construction date;
(2) The Lead-Hazard Control Report upon initial registration and thereafter, the most recent Lead-Hazard Control Report for annual renewals along with all other reports created pursuant § 167.05;
(3) Dates and nature of treatment, interim controls, or abatement performed to attain or maintain lead-hazard control;
(4) Certification attesting the information provided is true and accurate to the best of their knowledge. A certification form shall be provided by the Louisville Metro Department of Public Health and Wellness for such purpose.
(D) Renewals. The owner of a rental housing unit to which this chapter is applicable shall, after initial registration and in addition to the requirements of Chapter 119, adhere to the following requirements:
(1) Owners of previously registered rental housing units shall renew registration on or before December 31 of each year or according to a schedule established by the Louisville Metro Department of Public Health and Wellness;
(2) Owners shall update information contained in the Lead-Safe Housing Registry within 30 days of any change in information required for registration pursuant to subsection (C);
(3) Owners who acquire a rental housing unit shall update information contained in the Lead-Safe Housing Registry within 30 days after acquisition.
(E) Application returns. Applications and renewals requiring additional information for compliance will be returned to the applicant with an explanation of the missing or additional information needed. The Louisville Metro Department of Public Health and Wellness shall establish a time by which such documentation must be completed before deemed a violation of this Chapter.
(F) Tenant notification. Subject to applicable law, the results of the initial Lead-Hazard Evaluation and most recent Lead-Hazard Control Report shall be provided to current and subsequent tenants by the Owner and made publicly available in a manner that permits renters, parents, and other consumers to meaningfully consider this information. In addition, before any work impacting lead-based hazards, tenants shall be notified and appropriate arrangements for their safety shall be made.
(G) Compliance. Unless otherwise specified, compliance with this section shall be required pursuant to a timeline to be established by the Louisville Metro Department of Public Health and Wellness.
(H) Violation-double fines. Any owner who knowingly or recklessly submits fraudulent or inaccurate information pursuant to this section shall be issued a citation with double fines pursuant to § 167.99. Each day after a citation has been issued or notice has been served shall be deemed a separate offense.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
(A) Responsibility. The owner of a rental housing unit shall, along with all other requirements of this chapter, ensure that an initial Lead-Hazard Evaluation is completed upon their property as established in this section.
(B) Initial Lead-Hazard Evaluation. An initial Lead-Hazard Evaluation and Lead-Hazard Control Report must be completed pursuant to the requirements of this section. The initial Lead-Hazard Evaluation and Control Report must be completed within the time frame established below:
(1) All rental housing units built before 1940 shall have an initial Lead-Hazard Evaluation and Lead-Hazard Control Report completed and submitted within 12 months of this chapter taking effect.
(2) All rental housing units built between 1940 and 1965 shall have an initial Lead-Hazard Evaluation and Lead-Hazard Control Report completed and submitted within 24 months of this chapter taking effect.
(3) All rental housing units built between 1966 and before 1978 shall have an initial Lead Hazard Evaluation and Lead-Hazard Control Report completed and submitted within 36 months of this chapter taking effect.
(4) Upon this chapter taking effect, a rental housing unit wherein a child tenant has been found to have an elevated blood lead level, shall have an initial Lead Hazard Evaluation and Lead-Hazard Control Report completed within 60 days of such finding regardless of the age of the Unit.
(C) Lead risk assessors. All Lead-Hazard Evaluations and subsequent Control Reports, shall be performed and completed by a Kentucky State certified Lead-Hazard Risk Assessor.
(D) Lead-Hazard Evaluation. A Lead-Hazard Evaluation shall at a minimum include the following:
(1) A visual inspection of a residential dwelling to locate deteriorated paint, assess the extent and causes of the deterioration of paint, inspect for other potential lead hazards, and inspect any chewable, friction, or impact surfaces for possible lead-based hazards.
(2) Collect information regarding the physical characteristics and occupant use patterns of the residential dwelling that may cause lead exposure to children.
(3) Test every surface coated with visibly deteriorated paint for the presence of lead.
(4) Collect dust wipe samples, either composite or single surface, from the interior windowsills and floor, where children are most likely to come into contact with dust in the living area.
(5) For a multifamily dwelling, collect additional dust wipe samples in each common area adjacent to the residential dwelling from which samples have been taken and from each common area in the building.
(6) Collect soil samples from exterior play areas where bare soil is present, dripline or foundation areas where bare soil is present, and any other portion of the yard where bare soil is present.
(7) Submit collected paint chip, dust wipe, or soil samples to an EPA-recognized laboratory.
(8) The Department of Public Health and Wellness may create protocols and procedures for the inspection of multi-unit rental housing facilities, so that only a representative sampling of the total rental housing units within such a facility would be required in determining the presence of lead-based hazards.
(E) Violation-double fines. Any owner who knowingly or recklessly submits a fraudulent or inaccurate Lead-Hazard Control Report shall be issued a citation with double fines pursuant to § 167.99. Each day after a citation has been issued or notice has been served shall be deemed a separate offense.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
(A) Control. Upon the finding of a lead-based hazard following any inspection conducted pursuant to this chapter, the owner shall ensure the completion of lead-hazard control and submit a Lead-Hazard Control Report within a time period set forth by the Louisville Metro Department of Public Health and Wellness, not to exceed 60 days unless for good cause shown.
(B) Lead-hazard control work. All lead-hazard control shall be performed in accordance with applicable state and federal law and must comply with the following provisions:
(1) No person shall disturb or remove lead-based paint or in any other way generate excessive dust or debris during work on the interior or exterior of any existing building or structure except in accordance with the requirements of applicable Kentucky state law and the Lead-Based Paint Renovation, Repair and Painting Rule (40 CFR 745 et seq.).
(2) Any home improvement contractor, property management firm, handyman or other person compensated for renovation work that involves window replacement or that disturbs more than six square feet of interior, and/or more than 20 square feet of exterior paint or surface coating, must possess an EPA RRP certification.
(3) The remediation of lead-based hazards shall be accomplished by the owner in a manner which will not endanger the health and wellbeing of current or future occupants, and shall result in the safe removal from the premises, and the safe disposal of lead containing materials, debris, and other potentially harmful materials.
(C) Lead-Hazard Control Report. Upon the completion of a Lead Hazard Evaluation and if necessary lead-hazard control, the owner shall submit a Lead-Hazard Control Report to the Department, providing all necessary information and detailing the status of remaining potential future lead-hazards at the property and any necessary future surveillance and remediation of such hazards, to the Louisville Metro Department of Public Health and Wellness and to any current or future tenants.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
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