An Act To Protect Children from Hazardous Lead-based Paint
Maine Legislature, Session 123, LD 2218
Committee: Health and Human Services
Sponsors: CUMMINGS, WEBSTER, MARRACHE, CAMPBELL, KOFFMAN, MILLER, PERRY, BRANNIGAN, ROTUNDO, TURNER
Amends: 22 MRSA §1317-C, 22 MRSA §1322-E, 22 MRSA §1322-F, 22 MRSA §1329, 38 MRSA §1291, 38 MRSA §1292, 38 MRSA §1298

Legislative Document 
No. 2218 
H.P. 1584 
House of Representatives, February 25, 2008 
An Act To Protect Children from Hazardous Lead-based Paint 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Speaker CUMMINGS of Portland. 
Jrl~ 
/J7.1l!I!£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representative WEBSTER of Freeport, Senator MARRACHE of Kennebec 
and Representatives: CAMPBELL of Newfield, KOFFMAN of Bar Harbor, MILLER of 
Somerville, PERRY of Calais, SA V AGE of Falmouth, Senators: BRANNIGAN of 
Cumberland, ROTUNDO of Androscoggin, TURNER of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 22 MRSA §1317-C, sub-§2, as enacted by PL 1991, c. 810, §23, is 
amended to read: 
2. 
Data. At least annually, the department shall analyze and summarize lead-
screening information provided by health care providers, facilities and programs and 
provide the information to other state and local agencies involved in lead-poisoning 
issues. The information must also be provided to interested parties on request in a format 
that is easily understood by the general public. The department may not release any 
information under this subseetion if that information identifies or eould lead to the 
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identifieation of individuals. 
Sec. A-2. 22 MRSA §1317-C, sub-§3 is enacted to read: 
3. Confidentiality. Unless otherwise authorized by section 42, subsection 5, the 
department may not release any information described in subsection 2 regarding the 
screening of children for lead poisoning or the source of any lead exposure if that 
information identifies children, families or other persons, directly or indirectly. 
The 
department may disclose information that relates to the address of a residential unit in 
which an environmental lead hazard or case of lead poisoning has been identified if the 
disclosure contains only the information necessary to advance the public health and does 
not directly identify an individual. 
Sec. A-3. 22 MRS A §1322-E, sub-§3, ~, as enacted by PL 2005, c. 403, § I, is 
amended to read: 
E. 
Funding an assessment of current uses of lead and the availability, effectiveness 
and affordability of lead-free alternatives; aOO 
Sec. A-4. 22 MRSA §1322-E, sub-§3, ~, as enacted by PL 2005, c. 403, § I, is 
amended to read: 
F. 
Funding for educational programs and information for owners of rental property 
used for residential purposes~; and 
Sec. A-S. 22 MRSA §1322-E, sub-§3, ~G is enacted to read: 
G. Implementation of the lead-safe housing and the lead-safe renovation notification, 
I 
inspection and enforcement programs administered by the Department of 
Environmental Protection pursuant to Title 38, chapter 12-B and achieving the goal 
of elimination of childhood lead poisoning risks in the State. 
Sec. A-6. 22 MRSA §1322-F, sub-§4, as enacted by PL 2005, c. 403, § I, is 
amended to read: 
4. Contingent repeal. This section is repealed July 1,2011 when the Commissioner 
of Health and Human Services certifies that a period of 24 months has elapsed since the 
Department of Health and Human Services identified a child with an elevated blood lead 
level through screening by health care providers under section 1317 -C. 
The 
Commissioner of Health and Human Services shall provide notice to the Secretary of the 
Senate, the Clerk of the House of Representatives and the Office of the Revisor of 
Statutes when this condition has been met. For purposes of this subsection, "elevated 
blood lead level" means a confirmed level of blood lead of 10 micrograms per deciliter or 
a level of blood lead defined by the federal Department of Health and Human Services, 
Centers for Disease Control and Prevention, whichever is lower. 
Sec. A-7. 22 MRSA §1329 is enacted to read: 
§1329. Lead poisoning warning statement 
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1. Display of poster; availability of brochure. A retailer, store or commercial 
establishment that offers paint or other supplies intended for the removal of paint shall 
display a poster in a prominent and easily visible location and make available to its 
customers brochures containing statements that the dry sanding or scraping of paint in 
dwellings built before 1978 is dangerous and that the improper removal of old paint is a 
significant source of lead dust and the primary cause of lead poisoning. The poster and 
brochure must also inform consumers about where they may obtain more information on 
lead poisoning and paint removal. 
2. 
Posters and brochures. The Department of Environmental Protection shall 
produce posters and brochures to meet the requirements of subsection 1 and shall provide 
paper copies of the posters and brochures to retailers, stores and commercial 
establishments and post copies for downloading on the department's website. A retailer, 
store or commercial establishment may display posters and provide brochures that differ 
from those provided by the Department of Environmental Protection if the posters and 
brochures provide the information required under subsection I. 
PART B 
Sec. B-l. 38 MRSA §1291, sub-§9-A is enacted to read: 
9-A. Exterior surface. "Exterior surface" means: 
A. Any surface of a fence or porch that is part of real property that is or contains a 
residential dwelling; and 
B. A painted surface that is: 
(1) Located in a stairway, hallway, entrance area, recreation area, laundry area or 
garage within a multifamily dwelling that is common to individual dwelling 
units, one or more of which constitutes a residential dwelling; or 
(2) The outside surface of a building appurtenant to a residential dwelling, such 
as a garage or shed. 
Sec. B-2. 38 MRSA §1291, sub-§19-A is enacted to read: 
Pagt; 2 - 123LR3102(OI)-1 
I 
19-A. Lead-safe. "Lead-safe" means premises do not contain lead at a level or in a 
condition that constitutes an environmental hazard, according to rules adopted pursuant to 
section 1298. 
Sec. B-3. 38 MRSA §1291, sub-§23-A is enacted to read: 
23-A. 
Property owner. 
"Property owner" means a person, firm, corporation, 
guardian, conservator, trustee, executor, legal representative or registered agent who 
alone or jointly and severally with others owns, holds or controls the whole or any part of 
the freehold or leasehold interest to any property, with or without actual possession. 
Sec. B-4. 38 MRSA §1291, sub-§26-A is enacted to read: 
26-A. Residential dwelling. 
"Residential dwelling" means a room or group of 
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rooms that form a single independent habitable unit for permanent occupation by one or 
more individuals that has facilities with permanent provisions for living, sleeping, eating, 
cooking and sanitation, including common areas and appurtenant structures. "Residential 
dwelling" does not include: 
A. An area not used for living, sleeping, eating, cooking or sanitation, such as an 
unfinished basement, that is not readily accessible to children under 6 years of age; 
B. A unit within a hotel, motel or seasonal or temporary lodging facility unless the 
unit is occupied by one or more children under 6 years of age for a period exceeding 
days; 
C. An area that is secured and inaccessible to occupants; 
D. 
A unit that is not offered for occupation, either for rent or as an incident to 
employment; 
E. Housing for the elderly, or a dwelling unit designated exclusively for adults with 
disabilities. This exemption does not apply if a child under 6 years of age resides or 
is expected to reside in the dwelling unit or visit the dwelling unit on a regular basis; 
or 
F. An unoccupied dwelling unit that is to be demolished, as long as the dwelling unit 
remains unoccupied until demolition. 
Sec. B-S. 38 MRSA §1292, sub-§3, as enacted by PL 1997, c. 375, §14, is 
amended to read: 
3. 
Notification required. 
A person may not engage in any residential lead 
abatement activity, or in any renovation and remodeling activity identified by the 
department as an activity likely to cause lead hazards in a residential dwelling built before 
1978, unless that person notifies the commissioner in writing at least 5 working days 
before beginning anyon-site work, including on-site preparation work, that has the 
potential to create lead dust. After the effective date of rules adopted by the department 
pursuant to section 1295 for notification of lead abatement activities in public buildings, 
commercial buildings and superstructures, a person may not engage in those lead 
abatement activities unless the person notifies the commissioner in writing at least 5 
I 
working days before beginning anyon-site work, including on-site preparation work, that 
has the potential to create lead dust. 
Sec. B-6. 38 MRS A §1292, sub-§4, as enacted by PL 1997, c. 375, §14, IS 
amended to read: 
4. Work practices. All residential lead-based paint activities and renovation and 
remodeling activities identified by the department as activities likely to cause lead 
hazards in residential dwellings built before 1978 must be conducted in accordance with 
work practice standards adopted by rule pursuant to this chapter. After the effective date 
of rules adopted by the department pursuant to section 1295 for work practices pertaining 
to 
lead-based 
paint activities 
in 
public 
buildings, 
commercial 
buildings and 
I I 
superstructures, those lead-based paint activities must be conducted in accordance with 
the applicable work practice standards adopted by rule. 
Sec. B-7. 38 MRS A §1292, sub-§5, as amended by PL 1997, c. 624, §14 and PL 
2003, c. 689, Pt. 8, §6, is further amended to read: 
5. Exemption. A person who is 18 years of age or older need not obtain licensing 
and certification to perform lead abatement activities within a residential dwelling unit 
that the person owns and personally occupies, as long as a child residing in the dwelling 
unit has not been identified as lead-poisoned. A person 18 years of age or older who 
owns and personally occupies a dwelling unit in which a resident child has been 
identified as lead-poisoned need not obtain I icensing and certification to perform 
abatement activities within that dwelling unit, as long as the person completes any 
training required by the Department of Health and Human Services. A person 18 years of 
age or older who owns and personally occupies a residential dwelling and who engages in 
renovation or remodeling activities is exempt from the notification and work practice 
requirements of this section. 
Sec. B-8. 38 MRSA §1298 is enacted to read: 
§1298. Lead-safe leased residential dwellings 
I. Reasonable precautions required. 
A property owner shall take reasonable 
precautions to ensure each residential dwelling offered for lease is maintained free of 
lead-based paint hazards. 
A violation of this subsection is a breach of the implied 
warranty of habitability. 
2. Annual self-inspection by the property owner. The department shall maintain a 
registry of residential dwellings built before 1978 that are lead-safe pursuant to standards 
established by rule according to subsection 3. 
3. Lead-safe residential property. A leased residential dwelling is considered to be 
lead-safe for the purposes of this chapter if the property owner has submitted to the 
department an application for the property to be placed on the registry created pursuant to 
subsection 2, together with a report by a lead inspector that indicates that the residential 
dwelling has been tested for the presence of lead-based paint and lead-contaminated dust 
and that the dwelling meets the requirements for certification as lead-safe in accordance 
with the standards and procedures established by rules adopted by the commissioner. The 
application must be sworn to and signed by the property owner. 
A. The rules, which are designated as routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A, must establish standards defining lead-safe. 
B. The property owner shall retain a copy of the inspection report that indicates that 
the property meets the requirements of lead-safe status for a period of 5 years and 
shall provide a copy ofthe report to the commissioner upon request. 
C. In order to maintain lead-safe status for the purposes of inclusion on the registry, 
the property owner of a leased residential dwelling with lead-based paint on any 
exterior surface that is considered to be lead-safe pursuant to this section shall 
annually conduct an investigation of the property and swear to and sign a statement 
that no painted exterior surface of the residential dwelling is chipping, peeling or 
flaking and that there has been no compromise of any interior abatement system that 
relies upon the enclosure or encapsulation of lead-based paint. A copy of the sworn 
statement must be retained by the property owner, made available for inspection by 
the commissioner and provided to the residential tenant. 
PART C 
Sec. C-l. Review and report. The Department of Environmental Protection, the 
Maine State Housing Authority and the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention, jointly referred to in this section as 
"the agencies," shall review issues related to achieving housing safe from lead hazards 
and the elimination of childhood lead poisoning. These issues must include, but are not 
limited to, resources and incentives to promote housing that is lead-safe, as defined in the 
Maine Revised Statutes, Title 38, section 1291, subsection 19-A, including the lead 
poisoning prevention fee established in Title 22, section 1322-F. The agencies shall also 
review the establishment of a requirement to ensure that every leased residential dwelling 
is maintained free of lead-based paint hazards, including routine maintenance and owner 
self-inspection requirements. The agencies shall also review ways to fully implement and 
enforce lead poisoning prevention programs established by statute and 
make 
recommendations to eliminate lead paint and lead poisoning risks in the State. 
By 
January 1, 2009, the agencies shall submit a report to the joint standing committees of the 
Legislature having jurisdiction over health and human services matters and natural 
resources matters on the results of the review and recommendations, including proposed 
legislation to achieve housing safe from lead hazards and lead poisoning prevention. 
SUMMARY 
This bill protects children from hazardous lead-based paint. 
1. 
The bill authorizes use of the Lead Poisoning Prevention Fund for lead-safe 
housing and lead-safe renovation notification, inspection and enforcement. 
2. The bill amends the provision of law that repeals the lead poisoning prevention fee 
on July 1,2011. 
3. The bill requires certain paint retailers, stores and commercial establishments to 
display posters and make brochures available to consumers warning of lead hazards. 
4. The bill clarifies the activities covered by the requirements for residential lead 
abatement. 
5. The bill provides a mechanism for the Department of Environmental Protection to 
maintain a registry of lead-safe pre-I978 residential dwellings. 
6. 
The bill requires owners of leased residential dwellings to take reasonable 
precautions to ensure that the dwellings are free of lead-based paint hazards. 
7. The bill provides confidentiality protections for certain lead poisoning and lead 
exposure information. 
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8. The bill requires the Department of Environmental Protection, the Maine State 
Housing Authority and the Department of Health and Human Services, Maine Center for 
Disease Control and Prevention to review issues related to achieving lead-safe housing 
and the elimination of childhood lead poisoning and to report to the joint standing 
committees of the Legislature having jurisdiction over health and human services matters 
and natural resources matters on the results of the review and recommendations, 
including proposed legislation to achieve lead-safe housing and lead poisoning 
prevention.