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LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 167.07 RE-INSPECTIONS.
   Re-Inspections. Following the initial Lead Hazard Evaluation, an owner shall have their rental housing unit re-inspected according to the schedule set forth below. Unless otherwise specified by the Department, a re-inspection shall consist of a Lead-Hazard Evaluation and submission of a Lead-Hazard Control Report.
   (A)   At a minimum, every three years a Lead-Hazard Evaluation shall be conducted, which shall include reviewing and visually inspecting lead-based material identified in past inspections, reviewing previous abatement and remediation plans, and repairs or remodeling that may have impacted the status of previously identified potential lead-based hazards.
   (B)   Within 14 days, unless granted an extension by the Louisville Metro Department of Public Health and Wellness, of identification of a child tenant that is less than 72 months of age and with an elevated blood lead level, owners of a regulated property shall conduct a Lead Hazard Evaluation and thereafter, submit a Lead-Hazard Control Report within a time frame for compliance established by the Louisville Metro Department of Public Health and Wellness.
   (C)   On each occasion when a rental housing unit undergoes treatment, repair, or remodeling that may affect any lead-based material.
   (D)   By order of the Department due to a tenant complaint of a potential lead-based hazard that is verified by a visual inspection completed by the Department.
   (E)   By order of the Department based upon the finding of a probable lead-based hazard following an inspection pursuant to this chapter.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
§ 167.08 TEMPORARY AND PERMANENT EXEMPTION FROM CHAPTER.
   (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)
§ 167.09 ENFORCEMENT AND ADMINISTRATION.
   (A)   Unless otherwise specified, the Louisville Metro Department of Codes and Regulations and the Louisville Metro Department of Public Health and Wellness shall have the authority to administer and enforce this chapter. The Louisville Metro Department of Public Health and Wellness shall be responsible for the accurate maintenance of records on the status of all rental housing units concerning their compliance with this chapter.
   (B)   The owner of a rental housing unit that fails to obtain an Initial Lead-Hazard Evaluation and/or comply with § 167.04 within the applicable time-frames set forth within this chapter shall first receive a Notice of Non-Compliance. Upon failure to remedy the violation within 30 days, a citation shall be issued unless good cause is shown. Thereafter, citations shall be issued pursuant to § 167.12 and §§ 32.275 et seq.
   (C)   The tenants of rental housing units shall be informed by the Louisville Metro Department of Public Health and Wellness of all reports and findings created pursuant to this chapter by the owner and thru a publicly available Louisville Metro Department of Public Health webpage.
   (D)   In enforcing this chapter, the Department is instructed to give priority to properties in which a child currently has an elevated blood lead level, or a child residing there previously is known to have had an elevated blood lead level.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
§ 167.10 CODE ENFORCEMENT LEAD INSPECTION.
   (A)   All Louisville Metro Code Enforcement Officers shall receive Kentucky state accredited training sufficient to become either a Certified Lead-Hazard Inspector or Certified Lead-Hazard Risk Assessor pursuant to 902 KAR 48:030.
   (B)   During an inspection performed by the Department of a Rental Housing Unit for which this chapter is applicable, officers shall conduct a visual inspection of the property and take all other reasonable steps for the purposes of identifying lead-based hazards. In the instance that there is reasonable suspicion of a lead-based hazard following an inspection, the Louisville Metro Department of Code Enforcement shall notify the Department of Public Health and Wellness.
   (C)   Upon the identification of a probable lead-based hazard the Department of Public Health shall take all necessary steps to ensure the owner remediates all lead-based hazards. The owner shall be issued an Order of Correction and given 14 days to remediate the violation and show valid proof of remediation. Absent such proof, a citation shall be issued pursuant to this chapter. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
   (D)   The owner of a rental housing unit with an identified lead-based hazard shall have all fines doubled for subsequent citations after the issuance of an initial notice or citation. In addition, all relevant local agencies shall be notified as to the status of the property. The Department shall notify the Jefferson County Attorney's Office and/or Commonwealth Attorney's Office for the purpose of investigating criminal charges if the owner's actions are deemed intentional, wanton, or reckless in regards to the health and safety of their tenants.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
§ 167.11 APPEALS; PROCEDURE.
   Any person directly affected by a decision of the Department or a citation, notice of violation, or any other notice or order issued under this Chapter shall have the right to appeal to the Code Enforcement Board ("Board") in accordance with §§ 32.275 et seq.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
§ 167.12 FEES SCHEDULE.
   (A)   The Louisville Metro Department of Public Health and Wellness is authorized to maintain a fee schedule and charge lawful fees necessary to implement and enforce this chapter. For compliance with § 167.04(C) the owner of a rental housing unit shall be required to pay an initial registration fee of $30. The owner of a multi-unit rental housing facility shall only be required to pay one such fee per facility. Renewal fees pursuant to § 167.04(D) may be adjusted annually based upon the requirements for the maintenance of this chapter, but shall not exceed $50.
   (B)   The Louisville Metro Department of Public Health and Wellness shall create a fund and procedures for the purposes of offering relief to qualifying tenants impacted by lead and/or required lead-abatement work pursuant to this chapter. Such relief shall be used for tenant support which may include reimbursement for temporary relocation needed during completion of lead-hazard control. Any fees collected pursuant to this chapter that are beyond what is necessary for the administration of this chapter shall be utilized for the purposes of this fund.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)
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