2023 Delaware Code › Title 16 - Health and Safety › Chapter 26. CHILDHOOD LEAD POISONING PREVENTION ACT › § 2612. Remediation and abatement duties of Delaware State Lead-Based Paint Program.

§ 2612. Remediation and abatement duties of Delaware State Lead-Based Paint Program.
(a) Within 10 days of receiving the information under § 2611 of this title, the Program shall do all of the following:
(1) Inform a parent or guardian of a child with an elevated blood lead level of the child's elevated lead blood level, lead-based paint assessment, abatement or remediation efforts that may be undertaken under this chapter, and recommendations with respect to medical treatment of the child.
(2) Cause a contractor who is qualified under Delaware state regulations to conduct a lead risk assessment of a lead-exposure site that was constructed before January 1, 1979. The lead risk assessment must meet the lead-exposure paint inspection and lead hazard screen standards established under 24 C.F.R. § 35.110, must include paint testing and dust sampling and analysis as described under 40 C.F.R. § 745.227(c) and (d), and must, where indicated, include soil sampling and analysis as described under 40 C.F.R. § 745.227(d).
(3) If the lead risk assessment under paragraph (a)(2) of this section indicates the presence of a lead-based paint hazard, as defined at 40 C.F.R. § 745.65, inform the owner of the lead-exposure site that lead-based paint abatement or remediation efforts, to be funded by the State except under subsection (b) of this section, may be undertaken, and that the owner of the lead-exposure site is required to take all steps necessary to make the property accessible and available to individuals conducting lead-based paint abatement or remediation work for the Program.
a. The owner of the lead-exposure site shall take all steps enumerated by the Program to make the property accessible and available.
b. The Program shall keep records of all identified lead-exposure sites where a lead risk assessment indicates the presence of a lead-based paint hazard and of any remediation or abatement activities initiated by the Program.
c. The annual report required under § 2606 of this title must include information on the number of lead-exposure sites with identified lead-based paint hazards that have been, and have not been, the subject of lead-based paint remediation or abatement efforts.
(4) Provide adequate advance notice to a resident of a lead-exposure site that the lead-exposure site is uninhabitable due to lead-based paint abatement or remediation efforts by the Program.
(5) Provide reasonable alternative lodging for a resident of a lead-exposure site when the lead-exposure site is uninhabitable due to lead-based paint abatement or remediation efforts by the Program. Alternative lodging must be sufficient to ensure that the resident does not suffer disproportionate injuries because of displacement. The Program shall pay the resident's cost for meals and transportation during displacement.
(6) Assume all costs associated with abating or remediating any lead-based paint hazard in a lead-exposure site being abated or remediated by the program under paragraph (a)(3) of this section.
(b) The failure of an owner of a lead-exposure site to comply with the deadlines established by the Program under paragraph (a)(3) of this section constitutes a criminal nuisance which adversely impacts the community under § 7111 of Title 10. A finding by a court of competent jurisdiction that a failure to comply with the deadlines established by the Program under paragraph (a)(3) of this section has resulted in a criminal nuisance results in the owner's forfeiture of the owner's right to state-funded abatement or remediation under this section and in the owner's assumption of the cost of abatement or remediation unless the court specifically orders otherwise.
(c) All lead-based paint abatement or remediation work conducted under this section must be performed by a contractor who has been certified by the State to perform the abatement or remediation and must be awarded under a competitive bid process overseen by the Program. A contractor may submit bids to perform lead-based paint abatement or remediation work under this section before the contractor's certification on commitment to be certified before the performance of any abatement or remediation work. The Program may not pay a contractor for lead-based paint abatement or remediation work unless the contract is certified as required by this subsection.
(d) Competitive bid invitations issued by the Program for lead-based paint abatement or remediation must contain all of the following:
(1) Provisions requiring verification by bidders of procedures to be used for risk assessment.
(2) Provisions requiring verification by bidders of procedures to be specified by the Program to limit the generation of lead dust, contain lead dust within work areas, conduct daily and final cleanings, and perform clearance testing.
(3) Provisions requiring verification by bidders of procedures regarding treatment of exteriors, including siding and carpentry repairs, porch repairs, and garage repairs.
(4) Provisions requiring verification by bidders regarding the testing and treatment of soil.
(5) Provisions requiring verification by bidders of procedures regarding interior treatment, including initial and daily cleaning; repairs and component replacements; paint stabilization treatment of windows, doors, stairs, walls, ceilings, hard surface and basement floors, and radiators; and final cleaning.
(e) (1) A county or municipal government entity notified by the Program that a property is designated as a lead-exposure site and is to have lead-based paint abated or remediated shall grant priority status to any approvals needed by any applicant for any abatement or remediation work that must be performed.
(2) A contractor whose request for project approval is not approved or denied within 30 days by the county or municipal government entity shall report the delay to the Program.
(3) The Program shall make a public report by January 1 of each calendar year to the Governor and General Assembly of each delay reported under paragraph (e)(2) of this section.
(f) (1) The owner of any multi-unit property or property that has been rented to a third party in the year before notification under paragraph (a)(3) of this section, for which abatement or remediation work has been performed at State expense under this chapter, is prohibited from increasing the rental fee assessed to any tenant on that property for 3 years from the date of notification under paragraph (a)(4) of this section.
(2) The owner may pay the Program's estimated cost of abatement or remediation, including estimated costs associated with paragraph (a)(5) of this section, within 30 days of notification by the Program of that estimated cost.
(3) If the owner remits the payment under paragraph (f)(2) of this section to the Program within 30 days of notification, the prohibition on rental fee increases under paragraph (f)(1) of this section does not apply to the owner.
84 Del. Laws, c. 102, § 3;