HP0741, LD 986, item 1, An Act To Expand Lead Inspections to Other Properties of the Owner of a Property Determined to Contain Lead

An Act To Expand Lead Inspections to Other Properties of the Owner of a Property Determined to Contain Lead

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §1320-B is enacted to read:

§ 1320-B. Owners of dwelling units

1. Identity of owner. If the department determines a case of lead poisoning has been found in a dwelling unit under section 1320-A, the department shall require that the owner of the dwelling unit provide ownership information including the name, principal address and contact information of the owner. If an owner is a business entity with partners, members or shareholders, the owner shall provide the name, principal address and contact information of each partner, officer, director, member, principal or shareholder of that business entity.

2. Other properties. If an owner or a partner, officer, director, member, principal or shareholder of an owner under subsection 1 owns or co-owns, individually or as a principal of a business entity that is an owner, another residential property built prior to 1978 and located in a high-density lead poisoning area as determined by the commissioner, the department may inspect every dwelling unit in that residential property unless the owner provides a report from a certified lead inspection conducted within the prior 3 years showing that the residential property is lead-safe.

3. Violation. Notwithstanding section 1325, if a person violates this section, 50% of a fine assessed under section 1325 must be credited to the Lead Poisoning Prevention Fund and 50% of a fine assessed under section 1325 must be credited to the Lead Abatement Fund under Title 30-A, section 4981, subsection 2.

summary

This bill requires an owner of a dwelling unit determined by the Department of Health and Human Services to have a case of lead poisoning to provide the name, principal address and contact information for the owner of the dwelling unit. If the owner is a business entity, this bill requires the name, principal address and contact information for each partner, officer, director, member, principal or shareholder of that business entity. If an owner or a partner, officer, director, member, principal or shareholder owns or co-owns another residential property built prior to 1978 and located in a high-density lead poisoning area, the Department of Health and Human Services is authorized to inspect every dwelling unit of that other residential property unless the owner can produce a certified lead inspection report conducted within the past 3 years showing that the other property is lead-safe. This bill splits any fine for violating the provisions of the law between the Lead Poisoning Prevention Fund and the Lead Abatement Fund administered by the Maine State Housing Authority.

HP0741 LD 986	Session - 129th Maine Legislature		LR 1893 Item 1
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