(A) General exemptions. Rental housing units shall be exempted from the requirements of this chapter if an owner establishes, through credible and verifiable evidence, that the rental housing unit contains no lead-based hazards. Such a finding shall be determined by procedures established by the Louisville Metro Department of Public Health and Wellness.
(B) Renovation and maintenance exemption. The Department of Public Health and Wellness shall establish procedures for exempting a property from the requirements of this chapter if it finds that the property has been subject to significant construction and/or renovation such that it is safe or free from lead-based hazards. Factors to be considered in determining eligibility for this exemption shall include but not be limited to:
(1) Whether a building permit was issued in association with the renovation or construction;
(2) The nature of the renovation or construction including the number of chewable, friction, or impact surfaces affected by the renovation;
(3) Whether the contractor has a valid and current Lead Renovation, Repair, and Painting (RRP) Certification;
(4) Whether prior documented lead risk assessments conducted by a certified lead risk assessor demonstrate that no lead-based hazards exist on the property.
Additionally, a property owner may qualify for this exemption, whether or not the property has undergone significant construction or renovation, if the property owner employs or contracts with a person performing maintenance at the property who has a valid and current RRP certification as a certified renovator defined in 40 CFR Part 745.83, and the property otherwise satisfies a combination of the factors enumerated above as determined by the Department of Public Health and Wellness.
(C) Exemption review. Applicable to all exemptions pursuant to this section, the Department of Public Health and Wellness shall determine the length of time of the exemption based on the method of lead-hazard control. All documentation on the application for and rationale for exemption shall be publicly available. All exemptions shall terminate and cease to be effective upon the finding of a violation of this chapter. In considering whether to approve an exemption and the length of time for which it is to be granted, the Department of Public Health and Wellness may consider all relevant information including the following factors: the encapsulation or removal of lead-based materials, status of friction surfaces, documentation of previous renovations and RRP work, documentation of previous lead-hazard risk assessments and clearance reports, maintenance plans for existing lead-based hazards or such hazards that may arise, and whether an EBLL has previously been reported at the unit in question.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)