§ 17-199.6 Investigations of indoor allergen hazards in dwellings of persons with medically diagnosed moderate persistent or severe persistent asthma.

   a.   The department shall establish procedures to permit doctors, nurses, or other health professionals, upon the consent of their patients, to request a department investigation of possible indoor allergen hazards in dwellings where persons reside who have been medically diagnosed with moderate persistent or severe persistent asthma. Such procedures shall provide for the referral to the department of housing preservation and development of such requests that would be subject to section 27-2017.6. The procedures shall also provide for an investigation to be made when the department is notified that a person who has been medically diagnosed with moderate persistent or severe persistent asthma is residing in a dwelling with possible indoor allergen hazards not otherwise subject to enforcement by the department of housing preservation and development under section 27-2017.6. Such indoor allergen hazards may include, but are not limited to, mold that is not readily observable to the eye, including mold that is hidden within wall cavities, construction dust or such other conditions as the department shall from time-to-time determine by rule are indoor allergen hazards.

   b.   In the event that the department determines that an indoor allergen hazard exists, the department shall order the owner to correct the condition and the underlying causes of such a condition within twenty-one days, in a manner and under such safety conditions as it may specify, including the integrated pest management practices in section 27-2017.8 and the work practices established pursuant to section 27-2017.9.

   c.   In the event that the department determines that the owner or other person having the duty or liability to comply with an order issued pursuant to this section fails to substantially comply therewith within twenty-one days after service thereof, the department shall, in accordance with section 27-2017.10, refer such order to the department of housing preservation and development. The department of housing preservation and development may take such enforcement action as is necessary, including performing or arranging for the performance of the work to correct the certified condition.

   d.   The department shall report to the council and mayor no later than 24 months from the effective date on activities it has undertaken under this section as they relate to adults with asthma diagnoses, including but not limited to the number adult asthma referrals by type to the department for inspection, the number and types of orders issued to property owners by the department as a result of adult asthma referrals, and the number of apartments that have completed remediation for indoor asthma allergens as a result of adult asthma referrals. Upon submission of such report the agency may submit a recommendation to the council containing a proposed redefinition of "persons with medically diagnosed moderate persistent or severe persistent asthma" for the purposes of the provision of this article.

(L.L. 2018/055, 1/19/2018, eff. 1/19/2019; Am. L.L. 2019/051, 3/16/2019, retro. eff. 1/19/2019)