An Act to Align Maine's Lead Abatement Law with Federal Definitions and to Clarify Lead Abatement Licensing and Certification Requirements
Maine Legislature, Session 131, LD 0027
Committee: Health and Human Services
Sponsors: POULIOT
Amends: 38 MRSA §1291, 38 MRSA §1292

Legislative Document
No. 27
S.P. 19
In Senate, December 30, 2022
An Act to Align Maine's Lead Abatement Law with Federal 
Definitions and to Clarify Lead Abatement Licensing and 
Certification Requirements
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator POULIOT of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1291, sub-§26-A, as enacted by PL 2007, c. 628, Pt. B, §3, is 
amended to read:
26-A.  Residential dwelling.  "Residential dwelling" means a room or group of 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 zero-bedroom dwelling unit where the living area is not separated from the 
sleeping area, such as a dwelling 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 30 days. 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;
C.  An area that is secured and inaccessible to occupants;
D.  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
E.  An unoccupied dwelling unit that is to be demolished because it is considered unsafe 
and is thus no longer habitable for occupation, as long as the dwelling unit remains 
unoccupied and posted as a lead hazard until demolition.
Sec. 2.  38 MRSA §1292, sub-§5, as amended by PL 1997, c. 624, §14 and PL 
2003, c. 689, Pt. B, §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 licensing 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.
SUMMARY
This bill changes the definition of "residential dwelling" in the laws governing lead 
abatement.  It also removes the exemption that provides that 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 licensing 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.