3301. PRESUMPTION OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS

3301 PRESUMPTION OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS 3301.1 The interior and exterior of dwelling units and child-occupied facilities are presumed to contain lead-based paint if constructed prior to 1978, and any paint that is deteriorated, chipping, peeling, or otherwise not in intact condition is considered to be a lead-based paint hazard and is prohibited. 3301.2 This presumption may be rebutted by a lead-based paint inspection report, prepared by a lead-based paint inspector or a risk assessor, which documents that the paint in question is not lead-based paint. 3301.3 The presence of deteriorated paint in residential premises and child-occupied facilities constructed prior to 1978, which constitutes a lead-based paint hazard if no documentation is produced proving it is not lead-based paint, shall trigger enforcement action. SOURCE: Final Rulemaking published at 60 DCR 10909 (July 26, 2013).