Rev.
0313
1/
01
STATVRIBAL
PROGRAM
AUTHORIZATION
APPLICATION
TSCA
t$
402/
404
LeadBased
Paint
Training
and
Certification
U.
S.
Environmental
ProtectionAgency
District
of
Columbia
State
State
Official:
Ivan
C.
A.
Walks,
M.
D.

Agency:
Department
of
Health
Chief
Health
Officer
of
the
District
of
Columbia
Contact
Person@):
Theodore
J.
Gordon,
Chief
Operating
Ofticer
Address:
825
North
Capitol
Street,
N.
E.
Suite
400
Washington,
D.
C.
20002
Phone:
(
202)
442%
982
Fax:
(
202)
442­
4886
Please
list,
in
order,
the
contents
for
your
application
below.

Program
Summary
,
IL
Transmittal
Letter
and
Self­
Certification
Program
from
'

District
of
Columbia
Mayor
IIL
Transmittal
Letter
From
District
of
Columbia
Corporation
Counsel
IV.
Program
Description
for
LeadBascd
Paint
Activities
V.
Program
Description
for
Compliance
t
Enforcement
Procedures
VI.
Program
Analysis
APPENDICES:
A.
Public
Noticeof
Intent
B.
Fiscal
Impact
Statement
Y?
C.
Ste
Statutes,
Regulations
and
Mayor's
Orders
II
D.
Enforcement
Procedures
0
1.
Enforcement
and
Compliance
Manual
E.
Organizational
Charts
1.
Department
of
Health
2.
Lead
Poisoning
Prevention
Division
(
staffing
by
responsibility
and
fimding
source)
3.
Realignment
Memorandum
­
May
18,2000
­
Division
of
Lead
Poiswmg,
Screening,
and
Education
­
Division
of
Risk'Assessment,
Remediation
and
Certification
F.
Lead­
BasedPaint
Taskfom
1.
Mayor%
Order
94­
206
2,
Mayor%
Order
99­
139
3.
Listing
of
Membership
G.
Training
Provider
Application
Bookkt
1.
Letter
to
Training
Provider
2.
Lead
Training
Coarse
Application
3.
Instructionfor
Lead
Training
Provider
Application
4.
Lead
Training
Provider
Application
5.
Fact
Sheet
1
Rev.
03/
3
1/
01
H.
1
J.
K.

L.
M.
N.

0.

P.
6.
Sample
Certificate
Lead
Laboratory
Listing
ComplianceAssistance
Quality
Assurance
Project
Plan
(
QAPP)
Third
Party
Examination
Materials
1.
Candidate
Information
Bulletin
2.
Sample
Letter
of
Eligibility
3.
Sample
Interim
Certification
Card
4.
Examination
Covers
(
Full
booklets
are
not
included
due
tosecurity)
5.
Examination
Test
Sheet
Enforcement
Training:
Letter
and
Agendas
ProgramPersonnel
Job
Functions
Enforcement
Resources
office
of
Enforcement
and
Compliance
1.
Processes
Undertaken
2.
Enforcement
Process
Charta
Office
of
Adjudication
and
Hearings
(
OAH)
Program
Documentation
1.
OAH
Process
Flowchart
2.
OAH
Current
Organizational
Structure
3.
Notice
of
Infraction
4.
CeMcate
of
Service
5.
NO1Supplemental
Infractions
Form
6.
Lost
or
Missing
Ticket
Form
7.
Summary
Motion
for
Dismissal
of
Charge@)
or
Reduction
of
Fine
8.
Legal
Authority
Regardmg
0A"
s
Jurisdiction
Memorandum
9.
Reorganization
Plan
No.
4
of
1996
(
July
17,1996)
la
Mayor's
Order
No.
97­
42
(
February
18,1997)
11.
Mayor's
Order
No.
9968
(
May
7,1999)
12.
Department
of
Health
Organizational
Order
No.
9924
(
December
17,1999)
13.
Mattlews
v.
Eldridge,
424
US.
319
(
1976)
14
Goidbergv.
gel&
397
U.
S.
254
(
1970)
15.
16
DCMR,
Chapters
31
­
32
Statutory
Functions
of
the
mceof
the
Corporation
Counsel
CeMcation
Materials
1.
Certification
Booklet
2.
Certification
Application
Forms
3.
Sample
Certitication
Cards
Abatement
Permit
Materials
1.
Contractor
Letter
and
Notice
to
the
General
Public
2.
Construction
Permit
Application
­
SupplementalForm
­
Environmental
Questionnaire
3.
Lead
Hazard
Control
Questionnaire
4.
Abatement
Permit
Application
and
Instructions
for
LedAbatement
Project
Notififation
aad
Permit
Issuance
5.
Sample
Abatement
Permit
Rev.
03/
3
1101
TABLE
OF
CONTENTS
Page
I.
Program
Summary
i­
ii
E.
Transmittal
Letter
from
District
of
Columbia
Mayor
iii­
iv
III.
Transmittal
Letter
from
District
of
Columbia
Corporation
Council
v­
vi
IV.
Program
Description
for
Lead­
Based
Paint
Activities
1­
18
V.
Program
Description
for
Certification
&
Enforcement
Procedures
19­
60
VI.
Program
Analysis
61­
81
APPENDICES:

A.
Public
Notice
of
Intent
B.
Fiscal
Impact
Statement
C*
State
Statutes,
Regulations
and
Mayor's
Order
D,
Enforcement
Procedures
E.
Organizational
Charts
1.
Department
of
Health
2.
Lead
Poisoning
Prevention
Division
(
staffing
by
responsibility
and
funding)
3.
Realignment
Memorandum
­
May
18,2000
­
Division
of
Lad
Poisoning,
Screening,
andEducation
­
Division
of
RiskAssessment,
Remediation
and
Certification
F.
Mayoral
Lead­
Based
Paint
Task
Force
1,
Mayor's
Order
94406
2,
Mayor's
Order
99­
139
3.
Listing
of
Membership
G.
Training
Provider
Application
Booklet
1.
Letterto
Training
Provider
2,
Lead
Training
Course
Application
3.
Instructionfor
Lead
Training
Provider
Application
4.
Lead
Training
Provider
Application
5.
Fact
Sheet
6.
Sample
CeMieate
E.
Lead
Laboratory
Listing
I.
Compliance
Assistance
3
Rev.
0313
1/
01
J.
Quality
Assurance
Project
Plan
(
QAPP)
K.
Third
Party
Examination
Materials
1,
Candidate
Information
Bulletin
2.
Sample
Letter
of
Eligibility
3.
Sample
Interim
Certification
Card
4.
Examination
covers
(
Full
booklets
not
included
due
to
security)
5.
Examination
Test
Sheet
L;
Enforcement
Training:
Letter
and
Agenda
M.
Program
Personnel
Job
Functions
N.
Enforcement
Resources
Oilice
of
Enforcement
and
Compliance
1.
Process
Undertaken
2.
Enforcement
Proms
Charts
Office
of
Adjudication
and
Hearing
(
OAH)
Program
Documentation
1.
Od
Process
Flowchart
2.
OAH
Current
Organizational
Structure
3.
Notice
of
Infraction
4.
Certificate
of
Service
5.
NO1
Supplemental
Infractions
Form
6.
Lost
or
Missing
Ticket
form
7.
Summary
Motion
for
Dismissal
of
Charge@)
or
Reduction
of
Fine
8,
Legal
Authority
Regarding
0A"
s
Jurisdiction
Memorandum
9.
Reorganization
Plan
No.
4
of
1996
(
July
17,1996)
10.
May&
Order
No.
97­
42
(
February
18,1997)
11.
Mayor's
Order
No.
99­
68
(
May
7,1999)
12
Department
of
Health
Organizational
Order
No.
99­
24
(
December
17,
1999)
13.
Midthews
v.
Elwe,
424
US.
319
(
1976)
14
Golrlbetgv.
Kelly,
397
US,
254
(
1970)
15.
16
DCMR,
Chapters
31­
32
Statutory
Functions
of
the
officeof
the
Corporation
Counsel
0.
Certification
Materials
1.
Certification
Booklet
2.
Certification
Application
Forms
4.
Sample
Certification
Card
P.
Abatement
Permit
Materials
I,
Contractor
Letter
and
notice
to
the
General
Public
2,
ConstructionPermit
Application
­
Supplemental
Form
­
Environmental
Questionnaire
3.
Lead
Hazard
Control
Questionnaire
4.
Abatement
Permit
Application
and
InsWuctionsfor
Lead­
Abatement
Project
NoHiaition
and
Permit
Issuance
5.
Sampie
Abatement
Permit
Rev.
0313
1/
01
Program
Summary
 
DISTRICT
OF
COLUMBIA S
LEAD­
BASED
PAINT
ABATEMENT
CONTROL
ACT
OF
1996 
The
Departmentof
Health,
Environmental
Health
Administration
is
seeking
program
authorizationfrom
EPA
to
administer
and
enforcethe
 
District
of
ColumbiaLead­
Based
Paint
Abatement
Control
Act
of
1996 ( 
the
Act )
in
accordance
with
Sections
402/
404
of
the
Toxic
SubstanceControl
Act
(
TSCA)
 
Requirements
for
Lead­
Based
Paint
Abatement
in
Target
Housing
and
Child
Occupied
Facilities. 
This
program
is
design
to
ensure
that
we
properly
train
and
certify
individualsconducting
lead­
based
paint
inspections,
riskassessments
and
abatements
in
target
housing
and
child­
occupied
facilities
in
the
District
of
Columbia,
that
training
programs
providing
instruction
in
such
activities
are
accredited
and
that
these
activities
are
conducted
accordingto
reliable,
effective
and
safe
work
practice
standards.

HISTORY
Since
October
1994,
the
District
of
Columbia
has
received
federal
grant
funds
Erom
EPA,
which
has
helped
the
District
of
ColumbiaGovemment
in
establishinga
lead­
based
paint
abatement
program.
The
program
developed
legislation
and
regulations
to
regulatethe
removal
of
lead­
based
paint.
Proposed
lead
abatementcontrol
legislation
was
initially
introduced
to
the
District
of
ColumbiaCity
Council s
and
referred
to
the
Council s
Committeeon
Housing
and
Urban
affiiirs
during
June
20,1996.
The
Committeeheld
a
public
round
tableto
receive
comments
from
the
public
on
the
proposed
regulations.
At
that
hearing,
several
advocate
organizations
in
support
of
promoting
and
implementing
safe
lead
abatement
practices
tesWied
in
support
of
a
lead
abatement
program
in
the
District.
Some
comments
were
incorporated
into
the
language.
Mer
Council
approval,
the
Mayor
approved
it
and
it
passed
approval
by
the
District
of
ColumbiaFinancial
Recovery
Authority
and
U.
S.
Congress.
In
October
1997,
proposed
regulations
implementingthe
Act
were
published
for
review
and
public
comment.
We
received
no
comments
and
we
published
the
final
regulations
in
the
D.
C.
Register
(
45
DCR
20)
January2,199&
~

The
DistrictofColumbiaprogram
hlfills
the
criteria
set
forth
in
EPA
regulations
to
satisfy
the
 
at
least
as
protective 
clause
required
for
authorization.
The
program
will
cover
the
followingactivities:

a)
Procedures
and
requirementsfor
the
accreditationof
lead­
based
paint
training
activities:
See
20
DCMR
806.1
1
5
Rev.
0313
1/
01
b)
Procedures
and
requirements
for
the
certification
of
individuals
engaged
in
lead­
based
paint
activities;
(
See20
DCMR
806.1)

c)
Work
practice
standards
for
the
conduct
of
lead­
based
paint
activities;

d)
Requirements
that
all
lead­
based
paint
activitiesbe
conducted
by
appropriately
certified
contractors
(
See
DC
Law
11
­
221
Sec.
qb);
and
e)
Development
of
the
appropriate
infrastructure
or
government
capacity
to
carry
out
a
Stateprogram
effectively.
(
SeeProgram
Element
#
5)

The
procedures
and
requirements
for
the
accreditation
of
lead­
based
paint
business
entities
ensure
the
establishment
of
EPA­
approved
training
providers
registry
composed
of
trainers
who
have
been
audited
and
meet
the
training
curriculum
training
hours,
hands­
on
training,
competency,
proficiency,
and
quality
control
components.

The
requirement
for
the
certification
of
individuals
muresthat
an
accredited
training
program
trainsthem
and
possesses
appropriateeducation
or
experiencequalifications.

The
requirements
for
the
work
practice
standardsensures
the
inspection,
risk
assessment
and
abatementprocedure
process
for
the
presence
of
lead­
based
paint
is
conducted
in
codormity
to
approved
EPA
standards.

The
overall
objective
of
the
Districtof
Columbia s
Lead­
Based
Paint
Program
is
to
ultimately
establish
a
registry
of
lead
safe
houses
and
intefiace
proactively
withother
District
agencies
and
the
community
to
eliminate
lead­
based
paint
hazards.
With
a
pool
of
qualified
technicians
and
lead
abatement
workers
who
are
trained
and
certifiedto
remove
lead
in
our
environmentin
a
safe
manner,
our
emergingoffspring
will
be
assured
of
a
cleaner
environment
and
healthier
lives.

..
11
6
Rev.
0313
1/
01
Self­
Certification
Letterfrom
the
District
of
Columbia
Mayor
Deparhnent
of
Health
Environmental
Health
Administration
Lead­
Based
Paint
Abatement
Program
...
111
7
Rev.
03/
31/
01
W.
Michael
McCabe
Regional
Administrator
U.
S.
EnvironmentalProtection
Agency­
Region
ID
841
Chestnut
Street
Philadelphia,
PA
19107
Dear
Mr.
McCabe:

Pursuant
to
Section404(
a)
of
the
Toxic
Substances
Control
Act,
15
U.
S.
C.
2684,
as
amended
October
28,1992,
enclosed
is
the
Districtof
Columbia s
Application
for
Authorization
of
its
Lead­
Based
Paint
Activities
Training
and
CertificationProgram.
The
application
containsthe
provisions
necessaryto
implementan
effectiveprogram
pursuant
to
40
CFR
Part
745,
et
seq.

The
District
adoptedU.
S.
Environmental
Protection
Agency s
@
PA)
Model
StateProgram,
therefore,
the
District sprogram
is
at
least
as
protective
as
the
Federal
Program
and
contains
adequate
enforcementof
its
regulations.
Basedon
the
foregoing,
this
certifiesthat
the
District s
program
meets
the
criteria
established
for
program
authorization.

Sincerely,

Marion
Barry,
Jr.
Mayor
Enclosure
iv
Rev.
0313
1/
01
Transmittal
Letter
from
District
of
Columbia
Corporation
Counsel
Department
of
Health
Environmental
Health
Administration
Lead­
Based
Paint
Abatement
Program
V
9
Rev.
0313
1101
W.
Michael
McCabe
Regional
Administrator
U.
S.
Environmental
Protection
Agency­
Region
III
841
Chestnut
Street
Philadelphia,
Pennsylvania
19107
Dear
Mr.
McCabe:

I
hereby
certify
pursuant
to
my
authority
as
the
Corporation
Counsel
for
the
District
of
Columbia
and
in
accordancewith
Section404(
a)
of
the
Toxic
Substances
Control
Act
(
TSCA)
as
amended
October
28,
1992,
and
40
CFR
Section
745.325that
to
the
best
of
my
knowledge,
the
application
submitted
by
the
District
of
Columbia
is
legally
accurate.
The
District s
legal
authorities
lawfully
adopted
at
the
time
this
statement
is
signed
which
will
be
effective
by
the
time
this
program
is
approved,
to
wit:
the
Administrative
Procedure
Act
(
Pub.
L.
90­
614,82
Stat.
1204
(
1968)
D.
C.
Code
Section
6­
997.14
(
1977
Supp.);
Mayor s
Order
97­
1
18,
dated
June
25,
1997;
Title
20
District
of
Columbia
Municipal
Regulations
@
CMR)
Chapter
8,
Section
806
@.
C.
Register,
Vol.
45
No.
1,
published
January
2,
1998).
Title
16
DCMR
Chapter
32,
Civil
Infractions,
may
be
amended
to
include
a
schedule
of
fines
for
violations
of
Title
20
Chapter
8
Section
806.

Sincerely,

John
M.
Ferren
Corporation
Counsel
vi
/
U
Rev.
03/
3
1/
01
PROGRAM
DESCRIPTION
Deparhnent
of
Health
Enpirottmental
Health
Administration
Lead­
Based
Paint
Abatement
Program
Rev.
0313
1101
EPA
AUTHORIZATION
APPLICATION
32411
PROGRAM
DESCRIPTION
District
of
Columbia s
Lad­
Based
Paint
Abatement
Program
(
LBPAP)

Application
for
Authorization
FINALAPPROVAL
The
District
of
Columbia
is
seekingto
administeran
EPA
approved
program.
The
responsible
agency
for
administeringand
enforcing
the
program
is
listed
below:

State
Agency:
District
of
Columbia
Department
of
Health
825
North
Capitol
Street,
N.
E.
Suite
400
Ivan
C.
A.
Walks,
M.
D.
Chief
Health
Officer
of
the
District
of
Columbia
Director
Contact
Person(
s):
Theodore
J.
Gordon,
Chief
Operating
Officer
Richard
Brewster,
Program
Manager
Contact
Numbers:
(
202)
442­
8982,
Mr.
Gordon
(
202)
535­
2690,
Mr.
Brewster
(
202)
535­
1396
Fax
2
Rev.
03/
31/
01
325a
PROGRAM
ELEMENTS
To
receive
authorizationfrom
EPA,
a
State
or
Tribal
program
must
contain
at
least
the
followingprogram
elements
for
lead­
based
paint
activities.
The
District
of
Columbia
incorporatesby
refwence
these
program
elements
with
a
description
of
each
componentto
follow.

1)
Procedures
and
requirements
for
the
accreditation
of
lead­
based
paint
activitiestraining
programs.

2)
Procedures
and
requirements
for
the
certificationof
individuals
engaged
in
lead­
based
paint
activities.

3)
Work
practice
standards
for
the
conduct
of
lead­
based
paint
activities.

4)
Requirements
that
all
lead­
based
paint
activities
be
conducted
by
appropriately
certified
contractors.

5)
Developmentof
the
appropriate
infrastructureor
government
capacity
to
effectively
carry
out
a
Stateor
Tribal
program.

6)
Complianceand
EnforcementProcedures
for
Final
Approval.

3
Rev.
03/
3
1/
01
PROGRAM
ELEMENT
#
1
325b
ACCREDITATION
OF
TRAINING
PROGRAMS
The
District
of
Columbia
adopts
and
incorporates
by
reference
in
20
DCMR
806.1
all
elements
of
EPA
Accreditation
of
Training
Programs.
The
followingare
the
District s
program
elements:

a)
Training
curriculum
requirements.

b)
Training
hour
requirements.

c)
Hands­
on
training
requirements.

d)
Trainee
competency
and
proficiency
requirements.

e)
Requirements
for
training
program
quality
control.

f)
Procedures
for
the
re­
accreditation
of
training
programs.

g)
Procedures
for
the
oversight
of
training
programs.

h)
Procedures
for
the
suspension,
revocation,
or
modification
of
training
programs
accreditations;
or
i)
Procedures
or
regulations,
for
the
purposes
of
certification,
for
the
acceptance
of
.
training
offered
by
an
accredited
training
provider
in
a
State
or
Tribe
authorized
by
EPA.

Additionally,
the
District
of
Columbia
mandates
in
DC
Law
11­
221,
Chapter
8of
Title
20
DCMR,
806.5,
that
a
training
provider
seeking
accreditation
through
reciprocity
shall:
a)
Submit
proof
of
current
accreditation
by
EPA
or
by
an
EPA
approved
program
that
is
at
least
as
stringent
as
the
requirement
of
this
section;

b)
Passa
training
course
audit
administered
by
the
Director;
and
c)
Pay
the
accreditation
fees
4
Rev.
0313
1/
01
(
i)
Accreditation
of
training
programs
is
required
by:
(
A)
D.
C.
Law
11­
221,
Section
7:

(
a)
A
training
provider
shall
be
accredited
separately
for
each
training
course
or
review
course
offered
by
that
training
provider.
To
receive
accreditation,
a
training
provider
shall:

(
1)
Submit
an
application
to
the
Mayor
for
approval,
or
provide
proof
of
accreditation
by
an
EPA
run
state,
or
be
an
authorized
state
accredited
training
provider
and
must
apply
for
reciprocity.
The
application
shall
contain
the
following
information:

(
A)
Qualifications
of
all
training
managers
and
instructors;

(
B)
Copies
of
all
instructor
and
student
course
materials
for
each
course
offered;

(
C)
A
description
of
the
facilities
and
equipment
available
for
lecture
and
hands­
on
training;
and
(
D)
Any
other
information
determined
by
the
Mayor
to
be
necessary
for
approval
of
an
application
for
accreditation.

(
2)
Pay
a
reasonable
feewith
each
application,
except
that
fees
shall
not
be
imposed
on
any
District
government
or
nonprofit
training
program.
The
Mayor
may
by
rulemaking
revise
the
application
fees
as
necessary
to
cover
the
administrative
cost
associated
with
accreditation
and
accreditation
renewal.

(
b)
Accreditation
by
the
Mayor
shall
expire
12
months
from
the
date
of
accreditation.

(
B)
D.
C.
Law
11­
221,
Section
15,
which
provides
for
implementing
regulations.

The
Mayor
shall
issue
rules
and
regulations
to
implement
the
provisions
of
this
.
subchapter,
in
accordancewith
subchapter
I
of
Chapter
15
of
Title
1.

(
C)
Regulations
implemented
at
Title
20
DCMR
Section
806,
which
incorporates
40
CFR
745.225@)
by
reference:

5
/
5­
Rev.
0313
1/
01
806
CONTROL
OF
LEAD
806.1
The
requirements
of
40
CFR
8
745.223
(
Definitions),
40
CFR
8
745.225
(
Accreditation
of
training
programs,
target
housing
and
child­
occupied
facilities),
40
CFR
0
745.226
(
certification
of
individuals
and
firms
engaged
in
lead­
based
paint
activities,
target
housing
and
child­
occupied
facilities),
and
40
§
745.227
(
work
practice
standards
for
conducting
lead­
based
paint
activities,
target
housing
and
child­
occupied
facilities)
are
adopted
and
incorporated
by
reference
with
the
terms
used
and
defined
except
that
(
a)
The
term
 
Administrator 
as
used
in
the
40
CFR
$
9
745.223,745.225,
745.226
and
745.227
shall
mean
the
Director
of
the
District
of
Columbia
Department
of
Consumer
and
Regulatory
Affairs( 
Director ).

(
b)
Lead­
based
paint
activitiessubject
to
this
section
shall
not
be
started
prior
to
receipt
of
written
approval
from
the
Director.

(
e)
The
phrase
 
EPA 
as
used
in
40
CFR88
745.223,745.225,745.226
and
745.227
shall
mean
the
District
of
Columbia
Department
of
Consumer
and
Regulatory
Affairs
( 
DCRA ).

(
d)
The
terms
 
abatement, 
 
lead­
based
paint, 
 
lead­
based
paint
activity ,
 
lead­
based
paint
hazard 
and
 
lead
contaminated
soil 
shall
have
the
same
meaning
as
used
in
D.
C.
Code
9
60997.1,
and
(
e)
To
receive
certification
as
a
risk
assessor,
the
following
additional
requirements
shall
apply
(
1)
The
person
certified
as
a
risk
assessor
shall
not
maintain
a
financial
interest
in
a
lead
abatement
business
entity.
(
2)
The
person
certified
as
a
risk
assessor
shall
not
certify
his
or
her
own
residence,
and
(
3)
If
performing
clearance
tests,
the
person
certified
as
a
risk
assessor
must
submit
to
the
Director
prior
to
testing
proof
of
current
Iiability
insurance,
including
professional,
environmentaland
general
liability,
in
an
amount
sficient
to
cover
the
lead
­
based
paint
activity.

(
D)
40
CF R
745.325(
b)
incorporated
by
reference
(
see
Appendix
C).

6
Rev.
0313
l/
O
1
PROGRAM
ELEMENT
#
2
32%
CERTIFICATION
OF
INDIVIDUALS
The
District
of
Columbia
incorporates
by
reference
the
EPA
requirements
for
the
Certification
of
Individuals
(
20
DCMR
806.1).
The
District
of
Columbia
requires
and
ensures
that
certified
individuals:

a)
Are
trained
by
an
accredited
training
program;

b)
Possess
appropriate
education
or
experience
qualifications
for
certification;

c)
Meet
requirements
for
recertification;

d)
Conduct
lead­
based
paint
activities
in
accordance
with
work
practice
standards
established
by
the
State;

e)
Comply
with
procedures
for
the
suspension,
revocation,
or
modification
of
certifications;
and
9Fulfiii
requirements
and
procedures
for
the
administration
of
a
third­
party
certification
exam.

The
District
of
Columbia
Lead­
Based
Paint
Program
requires
individuals
to
be
certified
to
conduct
any
lead­
based
paint
activities
This
is
mandated
by
D.
C.
Law
11­
221
and
20
DCMR
806.1.
D.
C.
Law
11­
221
SEC.
6
states
in
part:

(
a)
An
individual
shall
be
certified
by
the
Mayor
or
possess
certification
provided
by
a
training
program
that
has
been
formally
accredited
either
by
EPA
or
by
an
EPA­
approved
state
program
prior
to
conducting
a
lead­
based
paint
activity
in
the
District.
To
obtain
certification
from
the
Mayor,
an
individual
shall:

(
1)
Submit
proof
to
the
Mayor
that
he
or
she
has
successfully
completed
an
accredited
training
course
and
any
required
District
accredited
review
course:

(
2)
Passan
examination
required
by
the
Mayor
(
Workers
and
project
designers
are
not
required
to
take
and
pass
a
third
party
exam);
and
7
Rev.
03/
3
1/
01
(
3)
Meet
or
exceed
any
additional
requirements
set
by
the
Mayor.

APPLICATION
PROCESS
The
District
will
review
all
applicants
engaging
in
lead­
based
paint
activities
(
risk
assessor,
supervisor,
worker,
inspector,
project
designer
and
business
entity)
to
ensure
that
prerequisite
training,
education
and
experience
conform
to
District
regulations
for
certification.
Applicants
must
submit
proof
of
course
completion
from
a
District
approved
training
provider,
examination
results,
application
and
fee
for
the
specific
discipline
Worker
applicants
and
Project
Designer
applicants
are
not
required
to
take
and
pass
a
third
party
examination
in
order
to
meet
certification
requirements
of
the
District.

Upon
approval,
individuals
will
receive
a
24­
month
certificate
and
identification
card
authorizing
them
to
perform
lead­
based
paint
activities
within
the
District
of
Columbia.
If
disapproved,
the
applicant
will
be
given
10working
days
to
correct
deficiencies
noted
in
the
application.
Approved
certificateswill
be
mailed
within
10
working
days.

For
security
purposes
the
identification
cards
will
have
a
photo
and
certificate
approval
number.
The
IDcard
must
be
carried
by
the
individual
for
on­
site
inspections.
Long
range
goals
may
include
bar
coding
of
ID
cards
which
assures
quick
verification.
However,
the
cost
effectiveness
of
such
machines
for
each
inspector
will
need
to
be
assessed.

Applicants
seeking
re­
certification
must
submit:
1)
Application
for
re­
certification;
2)
Proof
that
a
refresher
course
was
successfully
completed
within
the
respective
job
category;
and
3)
A
re­
certification
fee,
ifapplicable.
The
District
will
review
submittal
package
to
ensure
the
required
elements
conform
to
District
requirements.
Upon
approval,
a
certificate
for
that
discipline
will
be
issued.

Allindividuals
will
be
required
to
perform
lead­
based
paint
activities
in
accordance
with
work
practice
standards
as
prescribed
in
40
CFR745325(
d).

The
grounds
for
denial,
suspension,
revocation,
or
modification
of
certificationsare
set
forth
in
D.
C.
Law
11­
221,
section
11.
The
basis
for
such
action
and
the
procedures
set
forth
in
40
CFR745.225
and
226
have
beenincorporated
by
referene
into
the
District s
regulations.
The
Mayor
of
the
District
of
Columbia
hasdelegated
his
authority
to
deny,
suspend,
revoke,
or
modify
an
applicant s
license
pursuant
to
D.
C.
Law
11­
221,
section
11to
the
Director
of
the
Department
of
Health.
SeeAppendix
C.

8
Rev.
03/
3
1/
0
1
EXAMINATION
PROCEDURES
The
District
of
Columbia
has
developed
lead
examinations
in
conjunction
with
a
testing
exam
contractor.
A
panel,
consisting
of
housing,
environmental
and
health
officials,
collaborated
with
the
testing
contractor
to
develop
a
District
­
approved
testing
mechanism.
The
applicant s
application
is
reviewed
before
the
examination
to
decide
if
the
applicant
has
satisfactorily
completed
the
required
course
curriculum
making
them
eligible
to
take
the
respective
job
category
certification
exam.
Upon
the
applicant s
successful
completion
of
the
exam,
the
District
of
Columbia s
designated
agent
or
representative
issues
the
exam
results
to
applicants
and/
or
designated
entity.

9
Rev.
0313
110I
PROGRAM
ELEMENT
#
3
3z5d
WORK
PRACTICE
STANDARDS
The
State
or
Indian
Tribe
must
have
requirements
or
standards
that
ensure
lead­
based
paint
activities
are
conducted
reliably,
effectively,
and
safely.
At
a
minimum,
the
State's
or
Indian
Tribe's
work
practice
standards
for
conducting
inspections,
risk
assessments,
and
abatements
must
contain
the
requirements
specified
in
paragraphs
(
d)(
l),
(
d)(
2),
and
(
d)(
3)
of
this
section.

(
i)
Standards
for
the
conduct
of
lead­
based
paint
activities
are
required
in:

(
A)
D.
C.
Law
11­
221
Section
4,
Prohibition
on
lead­
based
paint
activities;

(
a)
A
business
entity
or
individual
shall
not
do
any
of
the
following
in
violation
of
the
provisions
of
this
or
rules
promulgated
pursuant
to
this
act:

(
1)
Conduct
a
lead­
based
paint
activity;

(
2)
Undertake
a
lead­
based
paint
abatement
project;
or
(
3)
Provide
training
to
others
who
conduct
lead­
based
paint
activities.

(
b)
An
individual
shall
not
apply
a
lead­
based
paint
or
glaze
to
any
surface
including,
but
not
limited
to:

(
1)
The
interior
and
exterior
surfaces
of:

(
A)
Any
residential,
public,
or
commercial
building,
bridge,
or
other
structure
or
superstructure;
or
(
B)
Any
fixture,
household
appliance,
cooking,
drinking,
or
eating
utensil,
furniture,
or
toy
or
other
article
intended
for
use
by
children;
or
(
2)
Any
paved
surface,

(
c)
A
business
entity
or
individual
shall
not
sell,
offer
forwale,
deliver,
transfer,
or
possess
with
intent
to
sell,
deliver,
or
transfer
any
fixture,
household
appliance,
cooking,
drinking,
or
eating
utensil,
furniture,
or
toy
or
other
article
intended
for
use
by
children
to
which
a
lead­
based
paint
or
glaze
has
been
applied.

10
20
Rev.
0313
1101
Exemptions
from
the
provisions
of
this
act.

The
following
are
exempt
from
the
provisions
of
this
act:

(
1)
Individuals
who
perform
lead­
based
paint
activities
at
residences
which
they
own,
unless
the
residence
is
occupied
by
a
person
or
persons
other
than
the
owner
or
the
owner's
immediate
family;
unless
any
child
under
the
age
of
8
years
resides,
is
expected
to
reside
in,
or
regularly
visits
such
housing;

(
2)
Housing
for
the
elderly
or
persons
with
disabilities;
unless
any
child
under
the
age
of
8
years
resides,
is
expected
to
reside
in,
or
regularly
visits
such
housing;

(
3)
Any
(
0)­
bedroom
unit,
such
as
an
efficiency
apartment;
and
(
4)
Housing
built
after
1978.

D.
C.
Law
11­
221,
Section
15,
which
provides
for
implementing
regulations
(
see
Appendix
C).

20
DCMR,
Section
806.
l(
e)
which
incorporates
by
reference
40
CFR
72532yd)
(
see
Appendix
C).

40
CF'R
725325(
d)
(
see
Appendix
C).

325d(
i)
INSPECTIONS
The
District
of
Columbia
incorporates
by
reference
the
EPA
work
practice
standards
regarding
inspections.
The
District
requires
and
ensures
that
all
business
entities,
its
employees
and
subcontractors:

a)
Conducts
inspections
only
by
individuals
certified
by
the
District
to
conduct
inspections;

See
D.
C.
Law
11­
221
SEC.
6(
a)
l
and
20
DCMR
806.1,
Appendix
C
b)
Conducts
insp&&
ns
that
identifjr
the
presence
of
lead­
based
paint
on
painted
surfaceswithin
the
interior
or
on
the
exterior
of
a
residential
dwellingor
child­
occupiedfacility;

See
D.
C.
Law
11­
221
SEC.
qb)
2
and
20
DCMR
806.1,
Appendix
C
11
2/
Rev.
03J3
1/
01
c)
Conducts
inspections
that
use
documented
methodologies
that
incorporate
adequatequality
control
p
rocedures;

See
D.
C.
Law
11­
221SEC.
6(
b)
2
and
20
DCMR
806.1,
Appendix
C
d)
Maintains
a
report
that
clearly
documents
the
results
of
inspection;

See
D.
C.
Law
11­
221SEC.
6(
b)
2
and
20
DCMR
806.1,
Appendix
C
e)
Records
are
retained
by
the
certified
inspector
or
the
firm.

SeeD.
C.
Law
11­
221SEC.
6(
b)
2
and
20
DCMR
806.1,
Appendix
C
The
District
of
Columbia
incorporates
by
reference
EPA
work
practice
standards
for
risk
assessment
in
(
20
DCMR
806.1)
and
requires
that:

a)
Risk
assessments
are
conducted
only
by
individuals
certified
by
the
District
of
Columbia
authority
to
conduct
risk
assessments;

b)
Risk
assessments
are
conducted
in
a
way
that
identifies
and
reports
the
presence
of
lead
hazards;

c)
Risk
assessments
consist
of,
at
least:

1)
An
assessment,
including
a
visual
inspection,
of
the
physical
characteristics
of
the
residential
dwelling
or
child­
occupied
facility;
and
2)
Environmental
sampling
for
lead
in
paint,
dust,
and
soil;

d)
The
risk
assessor
develops
a
report
that
clearly
presents
the
results
of
the
assessment
and
recommendations
for
the
control
or
elimination
of
all
identified
hazards;
and
e)
The
certified
risk
assessor
or
the
firm
retains
the
appropriate
records.

The
District
of
Columbia
incorporates
by
reference
the
EPA
work
practice
standards
12
i
Rev.
03/
31/
01
for
abatement
in
(
20
DCMR
806.1)
and
requires
that:

a)
Abatements
are
conducted
only
by
individuals
certified
by
the
District
of
Columbia
to
conduct
or
supervise
abatements;

b)
Abatements
permanently
eliminate
lead­
based
paint
hazards
and
are
conducted
in
a
way
that
does
not
increase
the
hazards
of
lead­
based
paint
to
the
occupants
of
the
dwelling
or
child­
occupied
facility;

The
District
of
Columbia
does
not
include
the
word
 
permanent 
in
its
definition.

 
abatement 
is
defined
in
D.
C
Law
II­
221
asany
set
of
measures
designed
to
eliminate
or
reduce
lead­
basedpaint
hazarik;
but,
such
measures
exclude
routine,
ordinary,
and
common
maintenance
and
repairs;
such
measures
may
include:

(
A)
Theremoval
oflead­
basedpaint
and
led
contaminateddust,
the
encapsulation,
containment,
enclosure,
or
cavering
of
leadbasedpaint
the
replacement
or
demolition
of
ldpainted
structures,
surfaces
or­
res,
and
the
removal
or
covering
of
lead
contamiltaied
soil;

(
B)
Allprepwadion,
ckanup,
diisposal,
tmmportution,
testing,
and
post­
abatement
clearance
testing
assocMted
with
the
activities
described
in
subparagraph
(
A)
of
thisparagraph;
and
(
C)
Renovation,
remodeling,
repair,
and
landkcaping
activitia
on
or
around
any
structure
builtprior
to
1978.

c)
Abatements
include
post­
abatement
lead
in
dust
clearance
sampling
and
conformance
with
clearancelevels
established
by
EPA
proposed
Regulations
in
TSCA
Section
403;
(
The
Mayor
does
reserve
the
right
to
amend
EPA
clearance
levels
to
more
stringent
standards;
ifdetermined
unacceptable.)

d)
The
abatement
contractor
develops
a
report
that
describes
areas
of
the
 
residential
dwelling
or
child
­
occupied
facility
abated
and
the
techniques
employed;
and
e)
The
certified
abatement
contractor
or
the
firm
retains
appropriate
records.

13
Rev.
0313
1101
3
745.326
Pre­
Renovation
Notification:
State
and
Tribal
Program
Requirements
The
District
of
Columbia
exercised
the
option
of
not
adopting
the
prenotification
requirements
for
renovation
disclosure.
Therefore
this
is
NOT
APPLICABLE.

14
Rev.
0313
1101
PROGRAM
ELEMENT
#
4
REQUIREMENTS
FOR
CERTIFIED
CONTRACTORS
The
District
of
Columbia
Lead­
Based
Paint
Program
requires
individuals
and
business
entities
to
be
certified
to
conduct
any
lead­
based
paint
activities.
This
is
mandated
by
D.
C.
Law
11­
221
and
20
DCMR
806.1.
D.
C.
Law
11­
221
SEC.
6
states:

(
a)
An
individual
shall
be
certified
by
the
Mayor
or
possess
certification
provided
by
a
training
program
that
has
been
formally
accredited
either
by
EPA
or
by
an
EPA
­
approved
state
program
prior
to
conducting
a
lead­
based
paint
activity
in
the
District.
To
obtain
certification
from
the
Mayor,
an
individual
shall:

(
1)
Submit
proof
to
the
Mayor
that
he
or
she
has
successfully
completed
an
accredited
training
course
and
any
required
accredited
review
course;

(
2)
Pass
an
examination
required
by
the
Mayor
(
Workers
and
Project
Designers
are
not
required
to
take
and
pass
a
third
party
exam);
and
(
3)
Meet
or
exceed
any
additional
requirements
set
by
the
Mayor.

(
b)
A
business
entity
shall
be
certified
by
the
Mayor
prior
to
conducting
a
lead­
based
paint
activity
or
project
in
the
District.
To
obtain
certification,
a
business
entity
shall
demonstrate
to
the
satisfaction
of
the
Mayor
the
following:

(
1)
That
all
its
employees
and
subcontractors
conducting
lead­
base
paint
activities
are
certified
pursuant
to
this
Act;

(
2)
That
the
business
entity
and
its
employees
and
subcontractors
will
conduct
lead­
based
paint
activitiesin
accordancewith
all
applicable
Federal
and
District
environmental,
occupational
safety,
and
health
laws,
regulations,
and
rules;

(
3)
That
the
business
entity
and
its
employees
and
subcontractors
will
comply
with
all
applicableFederal
and
District
laws,
regulations
and
rules
governing
the
disposal
of
all
waste
containinglead;
and
(
4)
Any
additional
requirements
set
by
the
Mayor
necessary
to
implement
this
Act.

15
Rev.
0313
1101
PROGRAM
ELEMENT
#
5
DEVELOPMENT
OF
THEAPPROPRIATE
INFRASTRUCTURE
OR
GOVERNMENT
CAPACITY
TO
EFFECTIVELY
CARRY
OUT
A
STATE
PROGRAM
BACKGROUND
The
District
of
Columbia
Government sEnvironmental
Regulation
Administration
has
recently
undergone
transition.
In
December,
1997,
the
administration
was
transferred
from
the
Department
of
Consumer
and
Regulatory
Affairs
to
the
newly
established
D.
C.
Department
or
Health.
The
environmental
components
new
name
is
the
Environmental
Health
Administration.
As
of
March,
1998,
the
StateLead
Program
is
located
within
the
Lead
Poisoning
and
Prevention
Division.
(
See
OrganizationalChart
Appendix
E).
This
Division
is
dedicated
to
centralizing
all
lead
programs
includinglead
screening,
lead
inspections,
lead
certificationand
training
and
lead
abatement
(
governed
by
HUD
policies).
This
consolidation
enhances
the
District
of
Columbia s
lead
program
service
delivery
mechanisms,
ensuring
the
highest
standard
of
childhood
lead
screening/
detectionand
lead
abatement
is
achieved
by
certified
individualscreating
a
more
lead
safe
environment.

AUTHORIZING
PROGRAM
ENTITY
The
StateLead
Program
canies
out
the
provisions
of
the
act.
All
individualsor
business
entities
will:

a)
Be
certified
to
perform
any
lead
based
paint
abatement
activities;

b)
Be
accredited,
if,
conductinglead
training
courses;

c)
Follow
appropriatework
practice
standards;

d)
Apply
for
permit
approval
at
least
10
days
prior
to
proposed
activity;

e)
Submitproof
of
liability
insurance,
includingprofessional,
environmentaf
and
general
liability;
and
fJ
Pay
the
associated
fees.

The
business
entity
must
submit
and
certifi
compliance
for
hazardous
waste
prescribed
by
Title
20
DCMR
Chapter
40­
54.

Complianceand
Enforcementof
the
regulations
are
another
essential
element
in
the
16
Rev.
0313
1/
01
governmental
infrastructureof
this
program.
The
mechanism
used
to
insure
compliance
will
be
a
measure
of
program
effectiveness.
The
Department
of
Health s
new
Ofice
of
Enforcement,
Compliance
and
Environmental
Justice
and
Ofice
of
Hearing
Adjudication
will
be
charged
with
adjudicating
all
environmental
cases.

STAFFING
At
present,
seven
(
7)
positions
have
been
filled
and
are
marked
by
an
asterisk.
Of
these,
four
(
4)
are
100%
hnded
by
Lead
Grants.
Recruitment
is
under
way
for
a
Lead
Program
Assistant/
Program
Specialist.
The
positions
and
their
associated
finding
sources
are
listed
below:

POSITION
FUNDING
POSITION
FUNDING
Lead
Abatement
Coordinator
(
vacant)
Unfunded
Permit
Processor
(
vacant)
Unfunded
Community
Outreach
Coordioatofl
404(
g)
100%
Env.
EngineerlPermits*
District
funded
Lead
Program
Assistadspec
(
vacant)
404(
g)
100%
Program
Manager*
District
funded
Compliance
MonitorEnvironmentd
Spec.*
404(
g)
100%
Receptionist
(
vacant)
Unfunded
Compliance
Monitorhpector*
404(
g)
20%&
Data
Entry
/
Clerical
Asst.(
vacant)
Unfunded
Enfonxment
80%
Info.
Tech.
(
vacant)
Unfunded
Attorney
AdvisorIAdmizl.
Ofti&
404(
g)
100Y0
Supv.
Env.
Engineer*
District
funded
The
program
also
maintains
access
to
attorneys
in
the
Environmental
Health
Administration,
Oflice
of
Enforcement,
Compliance
and
Environmental
Justice
and
the
Office
of
Hearing
Adjudication.
Additionally,
attorneys
from
the
Ofice
of
the
CorporationCounsel
are
available
to
represent
the
department
in
civil
cases
and
attorneys
in
the
U.
S.
Attorney s
OEce
are
available
for
criminal
cases
filed
for
the
Environmental
Health
Administration.

During
the
initial
start
up
of
the
program,
it
is
anticipated
that
federal
supplemental
fbnding
levels
would
have
to
increaseto
sustain
the
program.
However,
as
program
rules
and
regulations
are
implemented
and
enforced,
we
envision
that
the
degree
of
funding
supplement
awarded
by
EPA
will
decrease.
It
is
expected
that
program
generated
revenue
will
be
returned
to
the
program
to
supplement
resources
needed
to
sustain
the
program.
We
will
also
seek
District
government
appropriated
fbnding
as
the
Lead
Poisoning
and
PreventionDivision
becomes
fblly
integrated.

REVENUE
SOURCES
The
District
of
Columbiawill
generate
revenue
resources
throughthe
implementation
of
the
Lead­
Based
Paint
Abatement
Program.
A
quantitative
estimate
from
the
collectionof
fees
for
certification,
accreditationand
permits
is
as
follows:

17
Rev.
03/
31/
01
Certificationof
Individuals
Certification
of
Businesses
Accreditation
of
TrainingProviders
Permit
Fees
!$
79,500
!$
4,500
$
24,000
$
28,500
$
136,500
*
*
This
figuredoes
not
factor
in
the
fines
for
criminal
and
civil
penalties.

If
EPA
funding
remains
the
same
as
in
FY 
97,
four
(
4)
of
the
13positions
can
continue
to
be
funded.
The
personnel
cost
(
including
fringe
and
indirect
cost)
for
the
remaining
nine
(
9)
positions
is
approximately
$
506,828
and
this
excludes
non
personal
services.
Conceivably,
the
predicted
revenue
of
$
136,500
and
subsequently
monetary
sanctionsfrom
fineswill
cover,
in
time,
a
percentage
of
thisoverhead
costs.
However,
there
is
no
established
policy
that
creates
a
dedicated
hnd
for
the
Lead­
Based
Paint
Program
to
collect
revenues
for
this
use.
Policy
dictates
that
all
programs
generating
revenues
for
the
District
of
Columbiabe
deposited
in
the
District
of
Columbia
General
Fund.
The
Lead­
Based
Paint
Program
will
make
every
effort
to
allocatethese
resources
for
personnel
and
service
delivery
costs,
however,
these
resources
alone
will
not
be
able
to
sustain
the
current
program.
For
continued
program
success,
monetary
assistancewill
continue
to
be
needed
by
EPA
and/
or
DC
appropriations.

LEAD­
BASED
PAINT
TASKFORCE
The
District
of
Columbia,
in
developing
the
infrastructure
and
regulatory
authority
to
carry
out
a
State
program
has
also
augmented
its
effectiveness
through
the
Mayor s
Lead­
Based
Paint
Taskforce.

Effective
October
3,
1994,
Mayor
Sharon
Pratt­
Kelly
issued
Mayoral
Order
94
­
206
(
see
Appendix
F)
establishing
a
Lead­
Based
Paint
Taskforce.
The
purpose
was
to
provide
a
coordinated,
cost
effective
proactive
as
well
as
reactive
Lead
Abatement
Program
in
the
District
of
Columbia.
Primary
fbnctions
included
the
development
of
a
citywide
strategic
plan
to
reduce
lead­
based
paint
contamination,
identifyingresources
for
prevention,
assess
district
agency
lead
related
needs,
improve
screening
and
tracking
and
indicate
the
public
and
private
sectors,
through
joint
government
and
community
involvement.

The
immediate
advantages
in
establishingthe
taskforce
are
to
engage
all
related
agencies
in
dialogue,
interact
with
specific
community
groups
and
provide
proactive
solutions
for
a
 

citywide
problem.
The
Taskforcewasreestablished
under
Mayoral
Order
99­
139
(
See
Appendix
F).

18
Rev.
0313
1101
Program
Description
For
Compliance
G)
Enforcement
Procedures
Department
of
Health
EnpironmenfalHealth
Administration
Lead­
Based
Paint
Abatement
Program
19
Rev.
0313
1101
PROGRAM
ELEMENT
#
6
S745.327
COMPLIANCE
AND
ENFORCEMENT
PROCEDURES
PROGRAM
DESCRIPTION
327a
APPROVAL
OF
COMPLIANCE
AND
ENFORCEMENT
PROGRAMS
A
State
or
Indian
Tribe
seeking
authorization
of
a
lead­
based
paint
program
can
apply
for
and
receive
either
interim
or
final
approval
of
the
compliance
and
enforcement
program
portion
of
its
lead­
based
paint
program.

The
District
of
Columbia
is
submitting
its
authorization
application
for
final
approval.

327a2
FINAL
APPROVAL
327a2ii
For
the
compliance
and
enforcement
program
to
be
considered
adequatefor
final
approval
through
the
applicationdescribed
at
6
745.324(
a),
the
District
must,
in
its
application:

(
1)
Demonstrate
it
has
the
legal
authority
and
ability
to
immediately
implementthe
elements
in
paragraphs
(
b)
and
8
of
this
section;

LEGAL
AUTHORITY
LEAD
POISONING
PREVENTION
LAWS
APPLICABLE
IN
THE
DISTRICT
OF
COLUMBIA
(
Appendix
c)

0
D.
C.
LAW
11­
221,
THELEAD­
BASED
PAINT
ABATEMENT
AND
CONTROL
ACT
QF
1996.

D.
C.
Law
11­
221,
The
Lead­
Based
Paint
Abatement
and
Control
Act
of
1996,
regulates
all
lead­
based
paint
activities,
as
defined,
in
all
typesof
housing.
This
Act
exempts
housing
for
the
elderly
or
persons
with
disabilities
unless
any
child
under
the
age
of
8
years
resides
in,
is
expected
to
reside
in
or
regularly
visits
such
housing.
Any
zero
(
0)
bedroom
unit
such
anefficiency
apartment
or
housing
built
after
1978
is
exempted.
Addition*,
individuals
who
perform
lead­
based
paint
activities
at
residences,
which
they
own
and
occupy,
are
exempted,
unless
a
child
of
eight
(
8)
years
resides
or
is
expected
to
reside
or
regularlyvisits
such
housing.

ACCREDIATION,
CERTIFICATION,
AND
WORK
PRACTICE
FOR
LEAD­
BASED
PAINT
AND
LEAD
HAZARD
REGULATIONS,
20
DCMR,
Section
806.

20
30
Rev.
0313
1101
There
are
regulations
in
the
District
Housing
Code,
Title
20DCMR
section
806,
that
govern
the
procedures
for
the
accreditation
of
training
programs
and
certification
of
individuals
and
business
entities
engaged
in
lead­
based
paint
activities,
and
the
work
practice
standards
for
conducting
lead­
based
paint
activities.

D.
C.
Law
5­
35,
THE
LEAD
BASED
PAINT
POISONING
PREVENTION
ACT
OF
1983
There
are
provisions
contained
in
the
D.
C.
Law
5­
35,
Lead­
Based
Paint
Poisoning
PreventionAct
of
1983
which
apply
lead
hazard
prevention
controls
to
owners
of
residential
premises,
as
defined,
in
which
a
child
under
the
age
of
eight
years
resides,
or
is
a
regular
visitor
who
spends
a
substantial
portion
of
his
or
her
time
on
the
premises.

14DCMR
Section
707.3etseq.

There
are
regulations
contained
in
the
District s
Housing
Code,
at
Title
14of
the
District
of
Columbia
Municipal
Regulation
(
DCMR),
enacted
by
the
Council,
which
apply
lead
hazard
prevention
controls
to
owners
of
residential
premises,
as
defined,
in
which
a
child
under
the
age
of
eight
years
resides,
or
is
a
regular
visitor
who
spends
a
substantial
portion
of
his
or
her
time
on
the
premises.

22DCMR,
Section
118
There
is
also
a
provision
of
&
e
Public
Health
Regulations
(
22DCMR,
section
118)
which
outlaws
the
use
of
lead
based
paint.

D.
C.
Law
2­
28,
PUBLIC
PROPERTY
LEAD
ELIMINATION
ACT
OF
1977
There
are
the
provisions
in
D.
C.
Law
228,
Public
Property
Lead
Elimination
Act
of
1977,
which
authorize
lead
hazard
inspection,
analysis
and
repair
of
all
public
buildings
and
publicly
operated
residences
belonging
to
or
in
the
possession
of
the
District
of
Columbia
which
are
regularly
frequented
by
children
under
six
(
6)
years.
If
the
analysis
finds
a
lead
hazard
exists
then
the
lead
condition
must
be
repaired.

D.
C.
Code
Section
9­
302
There
are
regulations
in
D.
C.
Code
99­
302,
which
authorize
lead
hazard
inspection,
analysis
and
repair
of
all
public
buildings
and
publicly
operated
residences
belonging
to
or
in
the
possession
of
the
District
of
Columbia
which
are
regularly
frequented
by
21
3/
Rev.
030
1/
01
children
under
six
(
6)
years.
If
the
analysis
finds
a
lead
hazard
exists
then
the
lead
condition
must
be
repaired.

D.
C.
LAW
6­
66,
STUDENT
HEALTH
CARE
ACT
OF
1985
There
are
the
provisions
of
the
Student
Health
Care
Act,
which
requires
a
test
for
blood
lead
level
upon
entry
of
a
student
six
(
6)
years
of
age
into
a
school
or
child
­
development
facility.
The
administration
of
this
law
is
provided
by
the
D.
C.
Public
Schools.

D.
C.
CODE
SECTION
31­
2401
et
seq.,
STUDENT
HEALTH
CARE
Regulations
for
the
provisions
of
the
Student
Health
Care
Act,
which
requires
a
test
for
blood
lead
level
upon
entry
of
a
student
six
(
6)
years
of
age
into
a
school
or
child
­
development
facility
are
provided
in
D.
C.
Code,
Section
31­
2401
et
seq,
The
administration
of
this
law
is
provided
by
the
D.
C.
Public
Schools.

0
CHILD
DEVELOPMENT
FACILITIES
REGULATIONS,
29
DCMR,
Section
327.4
There
is
a
provision
in
the
Public
Welfare
code,
Title
29
Section
327.4
of
the
DCMR
that
requires
that
in
child
developmentfacilities,
all
items
that
children
may
touch
and
all
interior
surfaces
of
the
building
be
maintained
free
of
lead.

AUTHORITY
TO
IMPLEMENT
LAWS
The
Department
of
Health
(
DOH)
was
established
by
the
Mayor
of
the
District
of
Columbia
and
given
the
authority
to
implement
the
lead
laws
of
the
District.
DOH
has
created
the
OBce
of
Adjudication
and
Hearings
which
is
delegated
the
authority
to
adjudicate
contested
matters
for
all
subject
areas
falling
under
the
jurisdiction
of
the
Department.

The
District s
Civil
Infractions
Act
authorizesDistrict
agencies
to
scheduleviolations
pursuant
to
rulemaking.
The
Department
of
Health,
RiskAssessment,
Remediation
&
CertificationProgram
(
RARCP)
is
authorized
pursuant
to
the
Mayor s
Order
99­
68
to
use
civil
infraction
penalties.
The
RARC
Division
has
developed
a
schedule
of
fines
for
lead­.
based
paint
abatement
and
control.

The
Mayor s
Order
97­
42
establishes
the
Department
of
Health
and
implementation
of
Reorganization
PianNo.
4
of
1996.

Mayor s
Order
99­
68
delegatesto
the
Department
of
Health
the
authority
to
conduct
hearings
for
the
Department
on
denial,
suspensions,
revocation
or
modification
of
22
Rev.
0313
110I
certificates,
permits
or
accreditation
pursuant
to
the
Lead
Based
Paint
Abatement
and
Control
Act
of
1996
(
D.
C.
Law
11­
221).

The
Department
of
Health
Organization
Order
No.
99­
24
creates
the
Office
of
Adjudication
and
Hearings
to
administer
the
above
functions.

D.
C.
Law
13­
103
deIegates
to
the
Department
of
Health
the
authority
to
regulate
actions
that
affect
lead
poison
program
implementation
(
D.
C.
Law
5
­
35),
14
DCMR
0
707.3
et
se4.

47
DC
REG
8091,
Notice
of
Final
Rulemaking
civil
infraction
schedulefor
Lead­
Based
Paint
Abatement
and
Control,
Title
16
DCMR,
Section
3240
(
2)
Submit
a
statementof
resources
which
identifies
what
resources
the
State
or
Indian
Tribe
intends
to
devoteto
the
administration
of
its
lead­
based
paint
compliance
and
edorcement
program;
and
ENFORCEMENT
RESOURCES
(
A)
Personnel
RiskAssessment
Remediation
and
Certification
Program:
Program
resources
are
shown
in
the
functionalorganization
chart
found
in
Appendix
J
and
the
Department
of
Health s
organization
charts
(
seeAppendix
E).
Detailed
staff
information
and
resource
funding
is
provided
in
Program
Element
#
5.

(
B)
Office
of
Enforcement,
Compliance,
and
Environmental
Justice.
(
See
Appendix
N)
Processes
UndertaRenby
TheOmeofEnforcement,
Compliance
andEnvironmental
Justice.
This
office
is
funded
by
the
District
government.

(
C)
office
of
Adjudication
and
Hearings
(
Om.
(
See
Appendix
N).
LegalAuthority
Regarding
OM SJulisdiction
Thisofice
is
funded
by
the
District
government.

(
D)
Ofke
of
Corporation
Counsel
­
Statutory
Functions
ofthe
Ojjice
of
Corporation
CounseL
(
See
Appendix
N).
This
office
is
funded
by
the
District
government.

(
3)
Agree
to
submit
to
EPA
the
Summaryon
Progress
and
Performanceof
lead­
based
paint
complianceand
enforcement
activities
as
described
at
paragraph
(
d)
of
this
section.

SUMMARY
ON
PROGRESS
AND
PERFORMANCE
23
33
Rev.
0313
1101
AGREEMENT,

The
District
of
Columbia
agrees
to
submit
to
EPA
the
Summary
on
Progress
and
Performance
of
lead­
based
paint
compliance
and
enforcement
activities
as
described
below.

Summary
on
Progress
and
Perjormunce.
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
submit
to
the
appropriate
EPA
Regional
Administrator
a
report
which
summarizes
the
results
of
implementing
the
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program,
including
a
summary
of
the
scope
of
the
regulated
community
within
the
State
or
Indian
Tribe
(
which
would
include
the
number
of
individuals
and
firms
certified
in
lead­
based
paint
activities
and
the
number
of
training
programs
accredited),
the
inspections
conducted,
enforcement
actions
taken,
compliance
assistance.

The
District
is
committed
to
submittingannual
progress
reports
on
the
anniversary
date
of
self­
certification,
beginning
with
the
period
ending
on
August
17,2000.
The
initial
report
covered
the
first
two
years
of
program
operations.

32%
STANDARDS,
REGULATIONS,
AND
AUTHORITY
The
standards,
regulations,
and
authority
described
in
paragraphs
(
b)(
l)
through(
b)(
4)
of
this
section
are
part
of
the
required
elementsfor
the
complianceand
enforcement
portion
of
a
State
or
Tribal
lead­
based
paint
program.

(
i)
State
or
Tribal
officials
must
be
able
to
enter
premises
or
facilities
where
those
engaged
in
training
for
lead­
based
paint
activities
conduct
business.

(
A)
RIGHT
OF
ENTRY
FOR
INSPECTIONS
UNDER
THE
LEAD­
BASED
PAINT
ABATEMENT
AND
CONTROL
ACT
Under
the
Lead
Based
Paint
Abatement
and
Control
Act,
the
Mayor
has
the
right
to
randomly
and
periodicallyinspect
any
and
all
lead­
based
paint
activity
in
the
District,
and
inspect
all
pertinent
records,
documents,
or
data
compilations
for
the
purpose
of
ensuring
compliance
with
the
Act
(
D.
C.
Code
6­
997.10).
Inspections
may
take
place
at
any
reasonable
time
upon
the
presentation
of
appropriate
credentials.
If
the
Mayor
is
denied
access
to
conduct
an
inspection
in
accordancewith
this
Act,
the
Mayor
may
apply
to
the
Superior
Court
of
the
District
of
Columbia
for
a
search
warrant.
Denial
of
access
to
conduct
an
inspection
is
an
offense
punishable
pursuant
to
D.
C.
Code
6­
997.14.

The
Mayor s
authority
to
conduct
such
inspections
for
lead­
based
paint
violations
has
been
delegated
to
the
Department
of
Health,
pursuant
to
May~
s
orders
(
see
Appendix
C).
The
24
Rev.
0313
1/
01
Department
of
Health
inspector
may
secure
specimens
of
paint,
plaster,
or
structural
material
to
analyze
or
cause
to
be
analyzed
(
Title
14
DCMR
707.10).
The
inspector
may
test
surface
with
an
in
situ
device
(
Title
14
DCMR
707.11)

(
B)
RIGHT
OF
ENTRY
FOR
INSPECTIONS
UNDER
THE
DISTRICT'S
HOUSING
CODE
The
Mayor
has
the
right,
after
presenting
credentials
to
enter
any
residential
premises
in
which
any
of
the
following
conditions
exist:

1.
A
child
8
years
or
under
resides
at
the
premises
and
there
is
chipped,
peeling
or
flaking
paint.

2.
A
medical
evaluation
completed
in
preceding
60
sixty
days
reveals
an
elevated
blood
lead
level
in
a
child
8
years
or
under.

3.
Any
reside.
ntialpremises
which
are
in
violation­
ofthe
Housing
Code
Entry
shall
take
place
with
the
least
disruption
to
occupants.
Permission
of
occupants
must
be
obtained
first
unless
a
warrant
is
obtained
from
the
Superior
Court.

(
C)
The
inspector
may
gain
access
to
the
property
if
accompanied
by
a
Metropolitan
Police
Offrcer
with
administrative
search
warrant.
The
procedure
for
obtaining
anadministrative
search
warrant
is
as
follows:

1.
The
inspector,
swears
an
affidavit
stating
with
particularity
the
reason
for
gaining
access
to
the
property;
and
2.
The
District
of
Columbia
Corporation
Counsel
takes
the
affidavit
to
a
Judge
in
the
Superior
Court
of
the
District
of
Columbia
who
issues
the
warrant.

(
ii)
For
the
purposes
of
enforcinga
pre­
renovation
notification
program,
State
or
Tribal
officials
must
be
able
to
enter
a
renovatois
place
of
business.

This
is
NOT
APPLICABLEsince
the
District
will
exercise
the
option
not
to
incorporate
this
requirement.
.

(
iii)
State
and
Tribal
officials
have
authorityto
take
samples
and
review
records
as
part
of
the
lead­
based
paint
activities
inspection
process.

25
Rev.
0313
1101
The
inspecting
officialsare
delegated
authority
to
review
records
as
prescribed
in
D.
C.
Law
11­
221,
Section
10.
(
see
Appendix
C)
The
authority
to
take
samples
is
given
in
Section
9(
c)
7
as
 
any
other
information
that
the
Mayor
requires .
This
authority
is
also
incorporated
by
reference
in
20
DCMR
806.1
in
adopting
the
EPA
regulations.

327b1
LEAD­
BASED
PAINT
ACTIVITIES
AND
REQUIREMENTS
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
programs
will
be
considered
adequate
if
the
State
or
Indian
Tribe
demonstrates,
in
its
application
at
40
CFR
tj
745.324(
a),
that
it
has
established
a
lead­
based
paint
program
containing
the
followingrequirements:

(
i)
Accreditation
of
training
programs
as
required
of
40
CFR
745.325(
b)
D.
C.
Law
11­
221,
Section
7,
states:

(
a)
A
training
provider
shall
be
accredited
separatelyfor
each
training
course
or
review
course
offered
by
that
training
provider.
To
receive
accreditation,
a
training
provider
shall:

(
1)
Submit
an
application
to
the
Mayor
for
approval,
or
provide
proof
of
accreditation
by
an
EPA
run
state,
or
by
an
authorized
state
accredited
training
provider
and
must
apply
for
reciprocity
The
application
shall
contain
the
following
information:

(
A)
Qualifications
of
all
training
managers
and
instructors;

(
B)
Copies
of
all
instructor
and
student
course
materials
for
each
course
4
offered;

(
C)
A
description
of
the
facilities
and
equipment
available
for
lecture
and
hands­
on
training:
and
(
D)
Any
other
information
determined
by
the
Mayor
to
benecessary
for
approval
of
an
application
for
accreditation.

(
2)
Pay
a
reasonable
feewith
each
application,
except
that
fees
shall
not
be
imposed
on
any
District
government
or
nonprofit
training
program.
The
Mayor
may
by
rulemaking
revise
the
applicationfees
as
necessary
to
cover
the
administrative
costs
associated
with
accreditationand
accreditation
renewal.

(
b)
Accreditation
by
the
Mayor
shall
expire
12
months
from
the
date
of
accreditation.

26
36
Rev.
0313
110
I
(
ii)
Certificationof
individuals
engaged
in
lead­
based
paint
activities
as
required
of
40
CFR745325(
c)
D.
C.
Law
11
­
221,
Section
6,
implementation:

(
a)
An
individual
shall
be
certified
by
the
Mayor
or
possess
certification
provided
by
an
approved
state
program
and
must
apply
for
reciprocity
prior
to
conducting
a
lead­
based
paint
activity
in
the
District.
To
obtain
certification
from
the
Mayor,
an
individual
shall:

(
1)
Submit
proof
to
the
Mayor
that
he
or
she
has
successhlly
completed
an
accredited
training
course
and
any
required
accredited
review
course;

(
2)
Pass
an
examination
required
by
the
Mayor:
and
(
3)
Meet
or
exceed
any
additional
requirements
set
by
the
Mayor.

(
b)
A
business
entity
shall
be
certified
by
the
Mayor
prior
to
conducting
a
lead­
based
paint
activity
or
project
in
the
District.
To
obtain
certification,
a
business
entity
shall
demonstrateto
the
satisfactionof
the
Mayor
the
following:

(
1)
That
all
its
employees
and
subcontractors
conducting
lead­
based
paint
activities
are
certified
pursuantto
this
act;

(
2)
That
the
business
entity
and
its
employees
and
subcontractors
will
conduct
lead­
based
paint
activities
in
accordance
with
all
applicablefederal
and
District
environmental,
occupationalsafety,
and
health
laws,
regulations,
and
rules;

(
3)
That
the
business
entity
and
its
employees
and
subcontractors
will
complywith
all
applicablefederal
and
District
laws,
regulations,
and
rules
governingthe
disposal
of
all
waste
containing
lead;
and
(
4)
Any
additional
requirements
set
by
the
Mayor
necessary
to
implement
this
act.

(
c)
The
Mayor
shall
establish
criteria,
procedures
and
fees
for
reciprocity
of
certification.

.
(
d)
All
certificates
issued
to
business
entity
shall
expire
12
months
from
the
date
of
certification.
All
certificates
issued
to
individuals
shall
expire
24
months
from
the
date
of
certification.

(
e)
Individuals
and
business
entities
seeking
certification
and
certification
renewal
27
37
Rev.
0313
1101
in
the
District
shall
pay
a
reasonable
fee
set
by
the
Mayor.
The
Mayor
shall
by
rulemaking
revise
the
certification
and
certificationrenewal
fees
as
necessary
to
coverthe
administrativecosts
associated
with
the
issuance
of
certificates.

(
iii)
l
Standards
for
the
conduct
of
lead­
based
paint
activities
as
required
of
40
CFR
745.325
and
D.
C.
Law
11­
221
Section
6
states:

(
a)
An
individual
shall
be
certified
by
the
Mayor
or
possess
certification
provided
by
a
training
program
that
has
been
formally
accredited
either
by
EPA
or
by
an
EPA­
approved
state
program
prior
to
conducting
a
lead­
based
paint
activity
in
the
District.
To
obtain
certification
from
the
Mayor,
an
individual
shall:

(
1)
Submit
proof
to
the
Mayor
that
he/
she
has
successfullycompleted
an
accredited
training
course
and
any
required
accredited
review
course;

(
2)
Pass
an
examination
required
by
the
Mayor;
and
(
3)
Meet
or
exceed
any
additional
requirements
set
by
the
Mayor.

@)
Abusiness
entity
shall
be
certified
by
the
Mayor
prior
to
conducting
a
lead­
based
paint
activity
or
project
in
the
District.
To
obtain
cer
tification,
a
business
entity
shall
demonstrateto
the
satisfaction
of
the
Mayor
the
following:

(
1)
That
all
its
employees
and
subcontractorsconducting
lead­
based
paint
activities
are
certified
pursuant
to
this
act:

(
2)
That
the
business
entity
and
its
employees
and
subcontractorswill
conduct
lead­
based
paint
activities
in
accordance
with
all
applicable
federal
and
district
environmental,
occupationalsafety,
health
laws,
regulations,
and
rules;

(
3)
That
the
business
entity
and
its
employees
and
subcontramrswill
comply
with
all
applicable
federal
and
District
laws,
regulations,
and
rules
governing
the
disposal
of
all
waste
containinglead;
and
(
4)
Any
additional
requirements
set
by
the
Mayor
necessary
to
implement
thisact.

(
c)
The
Mayor
shall
establish
criteria,
procedures
and
fees
for
reciprocity
of
certification.

28
38
Rev.
0313
1/
01
(
d)
All
certificates
issued
to
business
entity
shall
expire
12
months
from
the
date
of
certificates
issued
to
individuals
shall
expire
24
months
of
certification.

(
e)
Individuals
and
business
entities
seeking
certification
and
certification
renewal
in
the
District
shall
pay
a
reasonable
fee
set
by
the
Mayor.
The
Mayor
shall
by
rulemaking
revise
the
certification
and
certificationrenewal
fees
as
necessary
to
cover
the
administrativecosts
associated
with
the
issuance
of
certificates.

(
iii)
2
Standards
for
the
conduct
of
lead­
based
paint
activities
as
required
of
40
CFR
745.325(
d)
20
DCMR
806.1(
e)
states:

(
a)
To
receive
certificationas
a
riskassessor,
the
following
additional
requirements
shall
apply:

(
1)
The
person
certified
as
a
risk
assessor
shall
not
maintain
a
financial
interest
in
a
lead
abatementbusiness
entity;

(
2)
The
person
certified
as
a
risk
assessor
shall
not
certify
his
or
her
own
residence;
and
(
3)
Eperforming
clearance
tests,
the
person
certified
as
a
risk
assessor
must
submit
to
the
Director
prior
to
testing
proof
of
current
liability
insurance,
including
professional,
environmental
and
general
liability,
in
an
amount
sufficientto
cover
the
lead­
based
paint
activity.

(
iv)
Requirements
that
regulate
the
conduct
of
pre­
renovation
notification
activities
as
described
in
$
j745.326.

Thisis
NOT
APPLICABLEsince
the
District
exercised
the
option
not
to
incorporate
this
requirement.

32%~
AUTHORITY
TO
ENTER
(
i)
The
State
Officials
must
be
able
to
enter,
through
consent,
warrang
or
other
authority,
premises
or
facilities
where
lead­
based
paint
activities
violations
may
occur
for
purposes
of
conducting
inspectionscan
be
found
in
D.
C.
Law
11­
221
Sec.
10
which
states:

(
a)
The
Mayor
shall
have
the
right
to
randomly
and
periodically
inspect
any
and
all
lead
­
based
paint
activities
in
the
District
and
all
pertinent
records,
documents,
or
data
compilations,
for
the
purpose
of
ensuring
compliancewith
this
act.
Inspections
may
takeplace
at
any
reasonable
29
39
'
Rev.
03/
3
1/
01
time
upon
the
presentation
of
appropriate
credentials.

(
ii)
State
or
Tribal
officials
must
be
able
to
enter
premises
or
facilities
where
those
engaged
in
training
for
lead­
based
paint
activities
conduct
business.

(
A)
RIGHT
OF
ENTRY
FOR
INSPECTIONS
UNDER
THE
LEAD­
BASED
PAINT
ABATEMENT
AND­
CONTROL
ACT
Under
the
Lead
Based
Paint
Abatement
and
Control
Act,
the
Mayor
has
the
right
to
randomly
and
periodically
inspect
any
and
all
lead­
based
paint
activity
in
the
District,
and
inspect
all
pertinent
records,
documents,
or
data
compilations
for
the
purpose
of
ensuring
compliancewith
the
Act
(
D.
C.
Code
6­
997.10).
Inspections
may
take
place
at
any
reasonable
time
upon
the
presentation
of
appropriate
credentials.

If
the
Mayor
is
denied
access
to
conduct
aninspection
in
accordance
with
this
Act,
the
Mayor
may
apply
to
the
Superior
Court
of
the
District
of
Columbia
for
a
search
warrant.
Denial
of
access
to
conduct
an
inspection
is
an
offense
punishable
pursuant
to
D.
C.
Code
6
997.14

The
Mayor s
authority
to
conduct
such
inspectionsfor
lead­
based
paint
violations
has
been
delegated
to
the
Department
of
Health,
pursuant
to
Mayors
orders
(
see
Appendix
C).
The
Department
of
Health
inspector
may
secure
specimens
of
paint,
plaster,
or
structural
material
to
analyze
or
cause
to
be
analyzed
(
Title
14
DCMR
707.10).
The
inspector
may
test
surface
with
an
in
situ
device
(
Title
14
DCMR
707.11)

(
B)
RIGHT
OF
ENTRY
FOR
INSPECTIONS
UNDER
THE
DISTRICT S
HOUSING
CODE
The
Mayor
has
the
right,
after
presenting
credentials
to
enter
any
residential
premises
in
which
any
of
the
following
conditions
exist:

4.
A
child
8
years
or
under
resides
at
the
premises
and
there
is
chipped,
peeling
or
flaking
paint.
5.
A
medical
evaluation
completed
in
preceding
60
sixty
days
reveals
an
elevated
blood
lead
level
in
a
child
8
years
or
under.
6.
Any
residential
premises
which
are
in
violation
of
the
Housing
Code
Entry
shall
takeplace
with
the
least
disruption
to
occupants.
Permission
of
occupants
must
be
obtained
first
unless
a
warrant
is
obtained
from
the
Superior
Court.
.
Rev.
03f3
1/
01
(
C)
The
inspector
may
gain
access
to
the
property
if
accompanied
by
a
Metropolitan
Police
Officer
with
administrative
search
warrant.
The
procedure
for
obtaining
an
administrative
search
warrant
is
as
follows:

1.
The
inspector,
swears
an
affidavit
stating
with
particularity
the
reason
for
gaining
access
to
the
property;
and
3.
The
District
of
Columbia
Corporation
Counsel
takes
the
affidavitto
a
Judge
in
the
Superior
Court
of
the
District
of
Columbia
who
issues
the
warrant.

(
iii)
For
the
purposes
of
enforcing
a
pre­
renovation
notification
program,
State
or
Tribal
officials
must
be
able
to
enter
a
renovator 
s
place
of
business.

This
is
NOTAPPLICABLE
since
the
District
will
exercise
the
option
not
to
incorporate
this
requirement.

(
iv)
State
or
Tribal
officials
must
have
authority
to
take
samples
and
review
records
as
part
of
the
lead­
based
paint
activities
inspection
process.

The
inspecting
officials
are
delegated
authority
to
review
records
as
prescribed
in
D.
C.
Law
11­
221,
Section
10.
(
see
Appendix
C)
The
authority
to
take
samples
is
given
in
Section
9(
c)
7
as
 
any
other
information
that
the
Mayor
requires .
This
authority
is
also
incorporated
by
reference
in
20
DCMR
806.1
in
adopting
the
EPA
regulations.

(
v)
For
the
purposesof
enforcing
a
pre­
renovation
notification
program,
State
or
Tribal
officials
must
be
able
to
enter
a
renovator s
place
of
business.

.
This
is
NOTAPPLICABLE
since
the
District
will
exercisethe
option
not
to
incorporate
this
requirement.

(
vi)
State
or
Tribal
officials
must
have
authorityto
take
samples
and
review
records
as
part
of
the
lead­
based
paint
activities
inspection
process
The
inspecting
officials
aredelegated
authority
to
review
records
as
prescribed
in
D.
C.
Law
11­
221See.
10(
see
Appendix
C).
The
authority
to
take
samples
is
given
in
Section
9(
c)
7
as
 
any
other
information
that
the
Mayor
requires. 
This
authority
is
also
incorporated
by
reference
in
20DCMR
806.1
(
see
Appendix
C)
in
adopting
the
EPA
regulations.

32m
FLEXIBLE
REMEDIES
Rev.
0313
1/
01
The
District
of
Columbia
has
enacted
all
the
necessary
statutes,
regulations
and
standards
necessary
to
establish
and
enforcethe
District
of
Columbia
lead­
based
paint
program.
They
are:

(
1)
ENFORCEMENT
ACTIONS
AVAILABLE
IN
THE
DISTRICT
OF
COLUMBIA
A.
INSPECTIONS
B.
AUDITS
C.
WARNING
LETTERS
OR
NOTICES
OF
VIOLATION/
DEFECTS
D.
CEASE
&
DESIST
ORDERS
E.
NOTICE
OF
INFRACTION
F.
LICENSE
SUSPENSION
OR
REVOCATION
G.
JUDICIALRELIEF
(
2)
DETERMINING
WHICH
REMEDY
TO
USE
In
determining
which
remedy
to
select,
the
following
factors
are
to
be
considered:
the
nature
and
severity
of
the
violation(
s),
the
urgency
with
which
the
remedial
activity
must
be
taken,
whether
the
violator
has
taken
good
faith
measures
to
come
into
compliance,
and
whether
the
violation
is
a
repeat
offense.

In
most
cases
good
communication
canfoster
compliance,
and
maintain
goodwill
without
the
need
to
resort
to
the
more
severe
enforcement
remedies,
such
as
Notice
of
Infraction,
or
a
Cease
and
Desist
Order.

To
ensure
that
the
Program
uniformly
imposes
enforcement
penalties
for
violations
of
the
lead­
based
paint
laws
and
regulations,
types
of
violations
are
grouped
into
classes
of
infractions
pursuant
to
the
Civil
Infractions
Act.

When
violations
are
especially
egregious
in
nature
in
terms
of
the
threat
of
harm,
or
the
level
of
culpability,
or
both,
the
matter
should
be
considered
for
criminal
investigation.
The
Division
wilI
determine
whether
to
exercise
its
discretion
to
pursue
a
criminal
investigation
and
where
appropriate
to
refer
the
matter
to
the
Corporation
Counsel
for
a
prosecutorid
determination.

32
Rev.
03f3
1/
01
A
State
or
Tribal
lead­
based
paint
complianceand
enforcement
program
must
provide
for
a
diverse
and
flexiblearray
of
enforcementremedies.
At
a
minimum,
the
remedies
that
must
be
reflected
in
an
enforcement
responsepolicy
must
include
the
following:

(
3i)
Warning
letters,
Notices
of
Noncompliance,
Notices
of
Violation,
or
the
equivalent
can
be
found
in
D.
C.
Law
11­
221section
lo@)
and
(
c)
which
states:

(
A)
If,
upon
inspection,
(
see
Appendix
N
for
the
 
District
of
Columbia
Civil
Infraction
Procedure
flow
chart),
the
Mayor
has
reason
to
believe
that
(
1)
there
has
been
a
violation
of
this
act
or
the
rules
and
regulations
issued
pursuant
to
this
act;
or
(
2)
a
threat
exists
to
human
health,
the
public
welfare,
or
the
environment,
the
Mayor
may:

(
1)
Give
written
notice
of
the
allegedviolation
or
threat
to
the
party
responsible
and
order
the
party
to
take
such
corrective
measures
as
the
Mayor
determines
reasonable
and
necessary;

(
2)
Issue
a
cease
and
desist
order;

(
3)
Impose
civil
or
criminal
finesand
penalties
in
accordancewith
Section
13
and
14;
or
(
4)
Request
the
Corporation
Counsel
to
commence
appropriate
civil
action
the
.
Superior
Courtof
the
District
of
Columbia
to
secure
a
temporary
restraining
order,
a
preliminary
injunction,
a
permanent
injunction,
or
other
appropriate
relief.

33
v3
Rev.
03/
31/
01
(
B)
WARNING
LETTERS­
NOTICES
OF
VIOLATIC)
N/
DEFECT
Inspectors
may
issue
a
notice
of
violations
(
NOV)
or
defect
on
a
case­
by­
case
basis
when
justice
would
be
best
served.
(
Title
14
DCMR
707.14,
Appendix
C).
Notices
should
be:

(
a)
Issued
with
a
ten(
10)
day
period
for
compliance.
Thirty
(
30)
day
extensions
mayk
allowed
when
requested
(
Title
14
DCMR
707.7,
Appendix
C)

(
b)
Require
that
the
violator
take
corrective
action
to
come
into
compliance
(
Title
14
DCMR
707.4,
Appendix
C).

(
c)
State
the
type
and
nature
of
the
corrective
action
depending
upon
the
specific
violation.
(
Title
14
DCMR
707.4,
Appendix
C)

(
d)
Require
that
action
is
taken
by
a
certain
date
and
that
proof
of
its
completion
is
submitted
promptly
(
Title
14
DCMR
707.6,
Appendix
C)

Notices
of
Violations/
Defects
may
first
be
issued
for
violations
of
Title
14,
Section
703.3
(
C)
SEE
ENFORCEMENT
PROCESS
CHARTS
(
APPENDIX
N)

(
D)
SEE
SAMPLENOTICE
OF
DEFECT
(
APPENDIX
N)

(
E)
NOTICE
OF
INFRACTION
Violations
may
be
subject
to
civil
penalties
pursuant
to
the
schedule
of
fines
listed
in
Title
16
DCMR,
Chapter
32.
Notices
of
Infractions
(
NO9
may
be
issued
after
the
period
for
compiiance
or
the
extension
for
the
period
to
come
into
compliance
of
the
notice
of
violations
or
defects
has
expired.
NO1
may
be
issued
for
violations
of
the
Lead­
Based
paint
and
Control
Act
without
a
prior
NOV.(
for
topics
listed
below
seeAppendix
N)

1.1
Completing
Notice
of
Infraction
Form
1.2
Completing
Notice
of
Infraction
Supplemental
Form
1.3
Completing
Summary
Motion
for
Dismissalof
Charges
Form
1.4
Completing
Document
andWitness
List
Form
1.5
Completing
Response
to
Admit
with
Explanation
Form
1.6
Completing
Lose
or
Missing
Ticket
.
1.8
Discussion
of
Bi­
WeeklyDocket
and
Tracking
Log
1.9
Discussion
of
Civil
Infractions
Schedule
Rev.
0313
1/
01
(
3ii)
1
Administrative
or
civil
actions,
including
penalty
authority
(
e.
g.,
accreditation
or
certification
suspension,
revocation,
or
modification,
etc)
can
be
found
in
D.
C.
Law
11­
221
Sec.
11
Denial,
Suspensionor
Revocation
which
states:

The
Mayor
may,
after
notice
and
opportunity
for
hearing,
suspend,
revoke,
modify
or
refuse
to
issue,
renew,
or
restore
a
certificate,
permit,
or
accreditationissued
under
section
6,7,
or
8
to
protect
the
public
health,
safety,
or
welfare,
if
the
Mayor
finds
that
the
applicant
or
holder
has:

(
1)
Failed
to
comply
with
any
provision
of
this
act
or
rule
issued
pursuant
to
this
act;

(
2)
Misrepresented
facts
relating
to
a
lead­
based
paint
activity
to
a
client
or
customer;

(
3)
Made
a
false
statement
or
misrepresentation
material
to
the
issuance,
modification,
or
renewal
of
a
certificate,
permit,
or
accreditation;

(
4)
Submitted
a
false
or
fraudulent
record,
invoice,
or
report;

(
5)
As
a
training
provider,
or
as
an
instructor,
provided
inaccurate
information
or
inadequate
training;

(
6)
Had
a
history
of
repeated
violations;
or
(
7)
Had
a
certificate,
permit
or
accreditationdenied,
revoked
or
suspended
in
another
state
or
jurisdiction.

Also,
Sec.
12.
AdministrativeHearings
states:

Any
party
adversely
affected
by
an
action
taken
pursuant
to
the
provisions
of
this
act
or
the
rules
or
regulations
promulgated
pursuant
to
this
act,
is
entitied
to
a
hearing
before
the
Mayor
upon
filing
with
the
Mayor,
within
15
days
from
the
date
of
such
action,
a
written
request
for
a
hearing.
Such
hearing
shall
be
held
in
accordance
with
don
10of
the
District
of
Columbia
AdministrativeProcedure
Act,
approved
October
21,1968,
(
82
Stat
1028;
D.
C.
Code
0
1­
1509).

(
3ii)
Z
Administrativeor
civil
actions,
including
penalty
authority
can
be
found
in
D.
C.
Law
11­
221
Sec.
14
Civil
Penalties
and
Fines
which
states:

35
Rev.
03/
3
1/
0I
(
a)
Any
violation
of
this
act
is
punishable
by
a
fine
not
to
exceed
$
500
for
each
day
of
each
violation.

(
b)
Civil
fines,
penalties
and
fees
may
be
imposed
as
alternative
sanctions
for
any
infraction
of
the
provisions
of
this
act
or
the
rules
issued
under
authority
of
this
act
pursuant
to
Titles
I­
III
of
the
Department
of
Consumer
and
Regulatory
Affairs
Civil
Infractions
Act
of
1985,
effective
October
5,1985
(
D.
C.
Law
6
­
42;
D.
C.
Code
56­
2701
etseq.
1
( 
Civil
Infractions
Act ).
Adjudication
of
any
infractions
shall
be
pursuant
to
Titles
I­
III
of
the
Civil
Infractions
Act.
(
Authority
is
delegated
to
the
Department
of
Health
and
Office
of
Adjudication.)

Administrativeremedies
have
been
designed
to
handle
the
majority
of
enforcement
actions
within
the
Department.
These
actions
may
be
brought
forward
by
the
issuance
of
a
Notice
of
Violation
or
a
Notice
of
Infraction.
@.
C.
Law
11­
221
Sec.
11and
Sec.
12)
(
D.
C.
Law
6­
42,
D.
C.
Code
Sec.
6­
2701
et
seq).
These
actions
will
be
processed
by
the
Department
Of
Consumer
and
Regulatory
AflFairs,
Ofice
of
Adjudication
attorneys
until
the
new
Ofice
of
Compliance
and
Enforcementwithin
the
Departmentof
Health
is
established.
In
caseswhere
the
alleged
violator
is
not
representedby
counsel,
the
action
may
be
handled
by
the
inspectorwho
observed
the
violation
and
issued
the
Notice.
The
matter
is
heard­
beforean
administrativelawjudge
who
will
adjudicate
the
case
accordingly.
After
an
administrativehearing,
findings
of
fact,
conclusions
of
law
are
made
concerningwhether
to
deny,
suspend,
revoke
or
modify
a
eertifcate,
permit,
or
accreditation
pursuant
to
Section
11of
D.
C.
Law
11­
221,
D.
C.
Code
3
6­
997.10
or
impose
civil
fines
or
penalties
pursuant
to
Section
14of
D.
C.
Law
11­
221,
D.
C.
Code
3
6­
997.13.

D.
C.
Code
tj
6­
997.13(
a)
(
see
Appendix
D)
authorizes
civil
penalties
that
may
be
assessed
among
violators.
TheDistrict
anticipates
establishinga
scheduleof
civil
infraction
fines
in
chapter
32
of
Title
16
of
the
D.
C.
MunicipalRegulations
(
See
Appendix
N).
These
infi­
actionswill
be
issued
for
most
violations
after
an
appropriatescheduleof
fines
is
adopted.
The
intent
of
using
civil
infractions
is
for
fair,
impartial
administrativeadjudicationwithout
delay
associated
with
civil
or
criminaljudicial
process.
A
fine
will
be
paid
or
a
hearing
will
be
held.
For
more
egregious
or
continuingviolations,
a
more
detailed
complaintwill
be
brought
against
the
alleged
violator
after
the
opportunityto
be
heard
before
anadministrativetribunal.
Both
methods
have
been
very
effective
in
other
environmental
programs
to
obtain
compliance.

Until
the
adoptionof
civil
infraction
scheduleof
fines,
all
fines
will
be
assessed
pursuant
to
D.
C.
Code
96­
997.13(
a)
(
See
Appendix
D).
Larger
violations,
substantially
harmful
to
the
public
safety,
health
and
welfare,
a
case
will
be
referred
to
the
District
of
Columbia
Corporation
Counsel
to
file
for
injunctiverelief
and
civil
fines
and
penalties
in
civil
court.
Where
criminal
intent
may
exist,
the
me
may
be
referred
to
the
Corporation
Counsel
for
criminal
prosecution.

36
Rev.
0313
1/
01
The
violation
and
the
harm
must
be
weighed
heavily
against
the
resources
available
Bnd
time
limitationsfor
these
referrals
to
be
made.

Under
D.
C.
Law
11­
221,
Section
13(
a)(
See
Appendix
C)
a
criminal
penalty
is
defined
as
 
a
fine
not
to
exceed
$
1,000
for
the
fmt
offense,
or
$
5,000
for
any
subsequent
offense,
imprisonment
not
to
exceed
6
months,
or
both .
This
same
statutory
provision
also
specifically
enumerates
violations
of
Sections
4,6,7,
or
8
or
of
the
implementingrules
and
regulations
thereto,
as
violations
that
trigger
criminal
penalties.
Accordingly,
an
individual
or
business
entity
that
conducts
a
lead­
based
paint
activity,
undertakes
a
lead­
based
abatement
project,
or
provides
training
to
others
who
conduct
lead­
based
paint
activities
in
violation
of
District
of
Columbia
law
is
subject
to
a
criminal
penalty,
as
is
an
individual
or
business
entity
that
sells,
offers
to
sell,
deliver
or
transfer
or
that
possess
with
intent
to
sell
deliver,
or
transfer
any
fixture,
household
appliance,
cooking
drinking,
or
eating
utensil,
fixnitwe,
or
toy
or
other
article
intended
for
use
by
children
to
which
lead­
based
paint
or
glaze
has
been
applied.
Moreover,
an
individual
who
conducts
a
lead­
based
paint
activity
in
the
District
of
Columbia
without
fmt
having
been
certified
by
the
Department
of
Health
or
with
possessing
certificationprovided
by
a
training
program
that
has
been
formally
accredited
by
EPA
or
by
an
EPA­
approved
state
program
is
subjectto
a
criminal
penalty,
as
is
a
business
entity
that
conducts
a
lead­
based
paint
activity
in
the
District
of
Columbiawithout
first
having
been
certified
by
the
Department
of
Health.

Violations
of
Section
7
of
D.
C.
Law
11­
221(
See
Appendix
C)
also
trigger
a
criminal
penalty.
Accordingly,
a
training
providerwho
is
not
accredited
separately
for
each
training
course
or
review
course
to
provider
offersis
subject
to
criminal
penalty.

Administrative
Procedures:

(
A)
CEASE
AND
DESIST
ORDERS
Cease
and
Desist
orders
willbe
issued
on
the
recommendation
of
the
program
Manager
and
executed
by
the
Director
of
the
Department,
The
following
is
the
legal
authority:

ThisOrder
is
issued
pursuant
to
The
District
of
Columbia
Lead­
Based
Paint
Abatement
and
Control
Act
of
1996
(
Act),
D.
C.
Law
11­
221,
D.
C.
Code
9
6­
997.1
et
seq.,
which
provides
at
section
6­
997
that
upon
inspection,
ifthe
Mayor
has
reason
to
believe
that
there
has
been
a
violation
of
the
Act,
the
rules
and
regulations
issued
pursuant
to
the
Act,
or
a
threat
to
human
health,
the
public
welfare,
or
the
environment,
the
Mayor
may
issue
a
cease
and
desist
order.
Pursuant
to
the
Reorganization
Plan
No
4
of
July
17,1996,
The
Mayor s
authority
under
the
Act
was
delegated
to
the
Director
of
the
Department
of
Health
(
DOH).

37
Y7
\
Rev.
0313
1/
01
Failure
to
comply
with
this
Cease
and
Desist
Order
as
stated
herein
may
result
in
penalties
as
prescribed
in
D.
C.
Code
9
6­
997.12
and
9
6­
997.13
of
the
Act
(
see
Appendix
D).
DOH
reserves
the
right
to
institute
action
against
individual
and
to
initiate
further
action
against
contractor,
including
seeking
injunctive
relief
and/
or
imposing
fines
for
any
past
or
future
violations.

Pursuant
to
D.
C.
Code
9
6997.11
of
the
Lead
Based
Paint
Abatement
Act
of
1996
(
D.
C.
Law
11­
221)
you
have
the
right
to
appeal
this
Order
within
fifteen
(
15)
days
to
the
Ofice
of
Adjudication
and
Hearings,
825
North
Capitol
Street,
NE,
Washington,
D.
C.
20002,
telephone
202­
442­
9101.
However,
you
are
required
to
comply
with
this
Order
pending
appeal.

[
B)
SCHEDULE
OF
FINESand
CLASSES
OF
INFRACTIONS
Class
2
Infraction­$
500
for
the
first
offense
(
a)
Failure
to
obtain
certification
before
conducting
a
lead­
based
paint
activity
(
b)
Failure
to
obtain
a
permit
before
conductinglead­
based
paint
abatement
(
c)
Providing
training
to
others
for
lead­
based
paint
activities
without
accreditation
(
d)
Applying
lead­
based
paints
or
glazes
to
a
surface
(
e)
Selling
offeringfor
sale,
delivering,
transferring,
or
possessing
with
intent
to
sell,
deliver
or
transfer
an
article
intended
for
use
by
children
that
has
lead­
based
paint
or
.
glaze
applied
(
f)
Failure
to
obtain
accreditation
for
each
training
course
or
review
course
offered.

Class
3Infraction­$
100
for
the
first
offense
Violation
of
record
keeping
requirements
6­
997.8
Class
4
Requirement­$
50
for
the
first
offense
Violation
of
any
provision
of
the
Lead
­
Based
Paint
Abatement
and
Control
Act
of
1996,
D.
C.
Law
11­
221that
is
not
cited
elsewhere
in
this
section
shaU
be
a
Class
4
infraction.

(
C)
USE
OF
MULTIPLE
REMEDIES
The
use
of
multiple
remedies
depends
on
the
facts
and
circumstances
of
each
case.
Each
requirement
of
the
act/
reguiation
is
a
separate
and
distinct
requirement
from
other
requirements.
Violations
include
but
are
not
limited
to:

38
Rev.
03/
3
1/
0
1
a.
Permitting
an
unlawful
quantity
of
lead
to
be
present
on
an
interior
or
exterior
surface
of
a
residential
premise.(
Title
16
DCMR
3226.1(
x))
b.
Failure
to
work
with
proper
authorization(
D.
C.
Code6­
997.4)
16
DCMR
3240.
l(
a)
C.
Failure
to
employ
certified
persons
(
D.
C.
Code
6­
997.5(
b))
16
DCMR
3240.1
*

(
a)
d.
Failure
to
notify
department
of
scheduled
lead­
based
paint
activity0.
C.
Code
6997.4)
16
DCMR
3240.1(
b)
e.
Failure
to
obtain
a
lead
abatement
permit
(
D.
C.
Code
6­
997.7(
a))
16DCMR
3240.
l(
b)
f.
Failure
to
submit
a
work
plan
(
D.
C.
Code
6­
997.8(
a))
16DCMR
3240.1(
b)
g*
Applying
lead­
based
paint
or
glaze
to
a
surface
(
D.
C.
Code
6­
997.3(
b))
16
DCMR
3240.1(
D)
h.
Failure
to
obtain
certification
before
conducting
lead­
based
paint
activity
(
D.
C.
Code
6­
997.5(
b))
16
DCMR
3240.1(
b)

1.
Providing
training
to
others
for
lead­
based
paint
"
activitieswithout
accreditation
(
D.
C.
Code
6­
997.6(
a)(
3))
16DCMR
3240.1(
c)
j.
Applying
Lead­
based
paint
or
glaze
to
a
surface
(
D.
C.
Code
6­
9974b))
16
DCMR
3240.1
(
d)
b.
Selling,
offering
for
sale,
delivering,
transferring,
or
possessing
with
intent
to
sell,
deliver,
or
transfer
an
article
intended
for
use
by
children
that
has
lead
­
based
paint
or
glaze
applied
@.
C.
Code
6­
9973~))
16DCMR
3240.1(
e)
I.
Failure
to
obtain
accreditation
for
each
training
course
or
review
course
offered
(
D.
C.
code
6997,6(
a))
16
DCMR
3420.1
(
9
m.
Record
keeping
requirements
(
D.
C.
Code
6­
997.6(
a))
16
DCMR
3240.2
n.
Provisions
of
D.
C.
Code
6­
997
(
D.
C.
Law
11­
221)
not
cited
elsewhere
16
DCMR
3240.3
(
D)
SEE
ALSO
ATTACHED
CIVIL
INFRACTION
ENFORCEMENT
PROCEDURES
PROCESS
CHART.
(
APPENDIX
N)

(
E)
16
DCMR,
CHAPTER
3100
(
CIVIL
INFRACTIONS
ADMINISTRATIW
PROCEDURES)
(
APPENDIX
C)

(
F)
16
DCMR,
CHAPTER3201
(
CIVIL
INFRACTIONS
SCHEDULE
OF
FLNES)
(
APPENDIX
C)

(
G)
16
DCMR,
CHAPTER
3226.1
(
X)
(
DCRA
HOUSING
DIVISIONS
INFRACTIONS)
(
APPENDIX
C)

39
q9
Rev.
03/
3
1/
01
(
I?)
16
DCMR,
CHAPTER
3240
(
LEAD­
BASED
PAINT
ABATEMENT
AND
CONTROL
CML
Infractions)
(
APPENDIX
C)

(
I)
VIOLATIONS
CHART
VIOLATIONS
CHART
VIOLATIONS
Permitting
an
unlawful
quantity
of
lead
to
be
present
on
an
interior
or
exterior
surface
of
a
residential
premise
Failure
to
work
with
proper
authorization
Failure
to
employ
certified
persons
Failure
to
obtain
a
lead
abatement
permit
Failure
to
submit
a
work
plan
Applying
lead­
based
paint
or
glaze
to
a
surface
Failure
to
obtain
certification
before
conducting
lead­
based
paint
activity
Providing
training
to
others
for
lead­
based
paint
activities
without
accreditation
Applying
Lead­
based
paint
or
glaze
to
a
surface
Selling,
qffering
for
sale,
delivering,
transferring,
or
possessing
with
intent
to
sell,
deliver,
or
transfer
an
article
intended
for
use
by
children
that
has
lead­
based
paint
or
glaze
4
0
REGULATION
Title
16
DCMR
3226.
l(
x))

D.
C.
Code6­
997.4
16DCMR
3240.1(
a)
D.
C.
Code
6997.5
b)
16
DCMR
3240.1
(
a)
D.
C.
Code
6997.7
a)
16DCMR
3240.1(
b
D.
C.
Code
6997.8
a)
16DCMR
3240.1(
b)
D.
C.
Code
6997.3
b)
16
DCMR
3240.1@
D.
C.
Code
6997.5
b)
16
DCMR
3240.
l(
b)
D.
C.
Code
6997.6
a)(
3)
16
DCMR
3240.1(
c)
D.
C.
Code
6997.3
b)
16DCMR
3240.1
(
d)
D.
C.
Code
6997.3
c)
16
DCMR
3240.
l(
e)
CLASS
2
2
2
2
3
2
2
2
2
2
applied
Failure
to
obtain
accreditation
for
each
training
course
or
review
course
offered
Failure
to
notify
department
of
scheduled
lead­
based
paint
activity
Record
keeping
requirements
Provisions
not
cited
elsewhere
APPROVAL
OF
ANY
LEAD
TRAINING
COURSE
MAY
BE
WITHDRAWN
FOR
ANY
OF
THE
FOLLOWING
REASONS
The
school,
instructors
or
courses
no
longer
meet
the
standards
established
by
the
Department
of
Health
Field
inspectors
indicate
an
approved
individual,
business,
agency,
institution
or
sponsor
is
not
conducting
the
training
that
meets
the
requirements
as
set
forth
in
the
District
of
Columbia s
regulations
or
the
EPA
.
Model
Accreditation
Plan
Training
course
providers
who
do
not
noti@
the
Department
of
Health
at
least
(
5)
five
days
prior
to
the
start
of
all
training
courses
Fraudulently
obtaining
accreditation
Failure
to
pay
the
fee.
Failed
to
comply
with
any
provision
of
the
Act
or
rule
issued
Misrepresented
facts
relating
to
a
lead­
based
paint
activity
to
a
client
or
customer
Made
a
false
statement
or
misrepresentation
material
to
the
issuance,
modification,
or
renewal
of
a
certificate,
permit,
or
Rev.
0313
1/
01
D.
C.
code
6­
997.6(
a)
2
16
DCMR
3420.1
(
9
D.
C.
Code
6­
997.4
2
16
DCMR
3240.1@)

D.
C.
Code
6
997.6(
a)
16
DCMR
3240.2
D.
C.
Code
6­
997
(
D.
C.
Law
11­
221)
16
DCMR
3240.3
D.
C.
Code
6­
997.5
­­­­
Rev.
0313
1/
01
r
accreditation
Submitted
a
false
or
fraudulent
record,
invoice,
or
report
As
a
trainer
provider,
or
as
an
instructor,
provided
inaccurate
information
or
inadequate
training
Had
a
certificate,
permit
or
accreditation
denied,
revoked
or
suspended
in
another
state
or
jurisdiction
Had
a
history
of
repeated
violations
CRIMINAL
FINESAND
PENALITIES
Section
6­
997.10
1
(
J)
PERMITI
CERTIFICATION
SUSPENSION
OR
REVOCATION
The
Mayor
may
after
notice
and
opportunity
for
hearing,
suspend,
revoke,
modify
or
refuse
to
issue,
renew,
or
restore
a
certificate,
permit,
or
accreditationissued
to
protect
the
public
health,
safety
or
welfare,
if
the
Mayor
finds
that
the
applicant
(
6997.10):

1.
Failedto
comply
with
any
provision
of
the
Act
or
rule
issued
2.
Misrepresented
facts
relating
to
a
lead­
based
paint
activity
to
a
client
or
customer
3.
Made
a
false
statement
or
misrepresentationmaterial
to
the
issuance,
modification,
or
renewal
of
a
certificate,
permit,
or
accreditation
4.
Submitted
a
false
or
fraudulent
record,
invoice,
or
report
5.
As
a
trainer
provider,
or
as
an
instructor,
provided
inaccurate
information
or
inadequate
training
6.
Had
a
history
of
repeated
violations
7.
Had
a
certificate,
permit
or
accreditation
denied,
revoked
or
suspended
in
another
state
or
jurisdiction
Approval
of
any
lead
training
course
may
be
withdrawn
for
any
of
the
following
reasons
(
6997.5

a.
The
school,
instructors
or
courses
no
longer
meetthe
standards
established
by
the
Department
of
Health.

b.
Field
inspectors
indicate
an
approved
individual,
business,
agency,
institution
or
sponsor
is
not
conducting
the
training
that
meets
the
requirements
as
set
forth
in
the
District
of
Columbia s
regulationsor
the
EPA
Model
Accreditation
Plan.

4
2
Rev.
0313
1/
01
Training
course
providers
shall
permit
Department
of
Health
and
Industry
Representatives
to
attend,
evaluate
and
monitor
any
training
course.
Prior
notice
of
attendance
by
agency
representatives
may
or
may
not
be
given.
e.
Training
course
providers
who
do
not
noti9
the
Department
of
Health
at
least
(
5)
five
days
prior
to
the
start
of
all
training
courses.
d.
Fraudulently
obtaining
accreditation.
e.
Failure
to
pay
the
fee.

If
the
approval
of
a
training
course
is
revoked
or
suspended,
the
Department
will
promptly
notify
the
individual
business,
agency,
institution,
or
sponsor
of
the
reason
for
suspension
or
revocation.

(
K)
PROCEDURES
FOR
SUSPENSION,
REVOCATION
OR
MODIFICATION
OF
TRA.
I"
G
PROGRAM
ACCREDITATION
(
1)
Prior
to
taking
action
to
suspend,
revoke,
or
modi9
the
accreditation
of
a
training
program,
the
District
of
Columbia
shall
notify
the
affected
entity
in
writing
of
the
following:

(
i)
The
legal
and
factual
basis
for
the
suspension,
revocation,
or
modification.

(
3)
The
anticipated
commencement
date
andduration
of
the
suspension,
revocation,
or
modification.

(
iii)
Actions,
if
any,
which
the
affected
entity
may
take
to
avoid
suspension,
revocation,
or
modification,
or
to
receive
accreditation
in
the
future.

(
iv)
The
opportunity
and
method
for
requesting
a
hearing
prior
to
finalDistrict
of
Columbia
action
to
suspend,
revoke
or
modify
accreditation.

(
v)
Any
additional
information,
as
appropriate,
which
the
District
of
Columbia
may
provide.

(
2)
If
a
hearing
is
requested
by
the
accredited
training
program,
the
District
of
Columbia
shall:

(
i)
Provide
the
affected
entity
an
opportunity
to
offer
written
statements
in
response
to
the
District
of
Columbia's
assertionsof
the
legal
and
factual
basis
for
its
proposed
action,
and
any
other
explanations,
comments,
and
arguments
it
deems
relevant
to
the
proposed
action.

4
3
53
Rev.
03/
3
I/
O1
(
ii)
Provide
the
affectedentity
such
other
procedural
opportunitiesas
the
District
of
Columbia
may
deem
appropriate
to
ensure
a
fair
and
impartial
hearing.

(
iii)
Appoint
anofficialof
the
District
of
Columbia
as
Presiding
Officer
to
conduct
the
hearing.
No
person
shall
serve
as
Presiding
Ofticer
if
he
or
she
has
had
any
prior
connectionwith
the
specific
matter.

 
(
3)
The
Presiding
Officer
appointed
pursuant
to
paragraph
(
2)
of
this
section
shall:

(
i)
Conduct
a
fair,
orderly,
and
impartial
hearing
within
90
days
of
the
request
for
a
hearing.

(
ii)
Consider
all
relevant
evidence,
explanation,
comment,
and
argument
submitted.

(
iii)
Notify
the
affected
entity
in
writing
within
90
days
of
completion
of
the
hearing
of
his
or
her
decision
and
order.
Such
an
order
is
a
final
agency
action
which
may
be
subject
to
judicial
review.

(
4)
If
the
District
of
Columbia
determines
that
the
public
health,
interest,
or
welfare
warrants
immediate
action
to
suspendthe
accreditationof
any
training
program
prior
to
the
opportunity
for
a
hearing,
it
shall:

(
i)
Notify
the
affected
entity
of
its
intent
to
immediately
suspend
training
program
accreditation
for
the
reasonslisted
in
paragraph
(
1)
of
this
section.

If
a
suspension,
revocation,
or
modification
notice
has
not
previously
been
issued
pursuant
to
paragraph
(
1)
of
this
section,
it
shall
be
issued
at
the
same
time
the
emergency
suspension
notice
is
issued.

(
ii)
Notify
the
affected
entity
in
writing
of
the
grounds
for
the
immediate
suspension
and
why
it
is
necessary
to
suspend
the
entity s
accreditation
before
an
opportunity
for
a
suspension,
revocation
or
modification
hearing.

(
5)
Notifs
the
affected
entity
of
the
anticipated
commencement
date
and
duration
of
the
immediate
suspension.

(
iv)
Now
the
affected
entity
of
its
right
to
request
a
hearing
on
the
immediate
suspensionwithin
15
days
of
the
suspension
taking
place
and
the
procedures
for
the
conduct
of
sucha
hearing.

4
4
Rev.
0313
1/
01
(
5)
Any
notice,
decision,
or
order
issued
by
the
District
of
Columbia
under
this
section,
any
transcripts
or
other
verbatim
record
of
oral
testimony,
and
any
documents
filed
by
an
accredited
training
program
in
a
hearing
under
this
section
shall
be
available
to
the
public.
Any
such
hearing
at
which
oral
testimony
is
presented
shall
be
open
to
the
public,
except
that
the
Presiding
Officer
may
exclude
the
public
to
the
extent
necessary
to
allow
presentation
of
information
which
may
be
entitled
to
confidential
treatment
(
6)
The
public
shall
be
notified
of
the
suspension,
revocation,
modification
or
reinstatement
of
a
training
program s
accreditationthrough
appropriate
mechanisms.

(
7)
The
District
of
Columbia
shall
maintain
a
list
of
parties
whose
accreditation
has
been
suspended,
revoked,
modified
or
reinstated.

(
L)
PERMIT
SUSPENSION
OR
REVOCATION
The
notice
of
suspension,
proposed
revocation
or
revocation
shall
be
in
writing
and
shall
include
the
following:

a.
The
name
and
address
of
the
holder
of
the
permit;

b.
A
statement
of
the
action
or
proposed
action:

c.
A
statement
of
the
alleged
violation
of
the
Act,
regulations,
or
terms
of
the
permit.

d.
Notice
that
the
respondent
has
a
right
to
request
a
hearing,
or
to
have
a
hearing
at
the
time
or
place
stated.
A
notice
of
suspension
may
take
effect
immediately,
however
respondent
shall
have
the
right
to
request
a
hearing
within
fifteen
days
or
may
reapply
for
a
permit
A
notice
of
proposed
revocation
may
be
issued
when
the
permit
holder
has
a
history
of
repeated
violations,
or
when
the
permit
has
been
suspended.
Except
as
provided
below,
the
revocation
shall
take
effect
fifteen
(
15)
days
after
the
notice
has
been
given,
unless
a
written
request
for
a
hearing
is
received
before
that
time.

The
Director
may
immediately
revoke
a
permit
upon
an
initial
violation
of
the
law
when
the
violation
presents
an
imminent
and
substantial
endangerment
to
the
public
health,
the
public
welfare,
or
the
environment.

In
the
case
of
an
immediate
revocation,
the
respondent
may
request
a
hearing
within
fifeen
L35
.

55
Rev.
03/
3
1/
01
days,
however
the
revocation
shall
still
take
effectwhen
served.

The
notice
of
proposed
revocation
or
revocation
shall
be
served
in
the
same
manner
as
a
proposed
compliance
order.

(
3iii)
Authority
to
apply
criminal
sanctionsor
other
criminal
authority
using
existing
State
or
Tribal
laws,
can
be
found
in
DC
Law
11­
221
SEC.
13
Criminal
PenaltieslFineswhich
states:

(
a)
Notwithstanding
any
other
provision
of
this
act,
any
violation
of
section
4,6,7
or
8,
or
the
implementing
rules
and
regulations
shall
be
punishable
by
a
fine
not
to
exceed
$
1000
for
the
first
offense,
or
$
5,000
for
any
subsequent
offense,
imprisonment
not
to
exceed
6
months,
or
both.

(
b)
Each
day
of
each
violation
shall
constitute
a
separate
offense,
and
the
penalties
described
shall
be
applicableto
each
of
the
separate
offenses.

(
e
)
All
prosecutions
under
this
section
shall
be
in
the
Superior
Court
of
the
District
of
Columbia
in
the
name
of
the
District
of
Columbia
and
shall
be
instituted
by
the
Corporation
Counsel.

(
A)
CRIMINAL
FINESAND
PENALITIES,
Section
6­
997.10
(
see
Appendix
C)

In
addition
to
being
subjected
to
the
various
typesof
civil
sanctions,
any
person
who
knowingly
or
willfully
violates
this
Act
shall
be
subject
to
misdemeanor
criminal
sanctions.
These
sanctions
include
imprisonment
for
not
more
than
six
months
as
well
as
a
criminal
fine
not
to
exceed
$
1000
for
the
first
offense,
or
$
5,000
for
any
subsequent
offense.
Each
day
of
each
violation
shall
constitutea
separate
offense.
When
violations
are
especially
egregious
in
nature­
in
termsof
the
threat
of
harm,
or
the
level
of
culpability,
or
both
the
matter
should
be
considered
for
criminal
investigation.
The
Division
will
determine
whether
to
exercise
its
discretionto
peruse
a
criminal
investigation
and
where
appropriate
to
refer
the
matter
to
the
Corporation
Council
for
a
prosecutorial
determination.

(
B)
TEMPORARY
RESTRAININGORDER
section
(
D.
C.
Code
6­
997.10)

(
C)
PRELIMINARY
INJUNCTION
section
6­
997.10
(
D)
PERMANENT
INJUNCTON
section
6­
997.10
(
E)
OTHERAPPROPRIATE
RELIEF
section6­
997.10
4
6
5.
Rev.
03/
3
1/
01
Finally,
an
individual
or
a
business
entity
(
other
than
a
government
agency)
that
conducts
a
lead­
based
paint
abatement
in
the
District
of
Columbiawithout
first
having
obtained
a
permit
from
the
Department
of
Health
is
also
subject
to
a
criminal
penalty.

In
contrast,
any
other
violation
of
D.
C.
Law
11­
221(
See
Appendix
C)
and
its
implementing
rules
and
regulations
is
punishable
by
a
civil
penalty,
pursuant
to
Section
14.

32m
ADEQUATE
RESOURCES
An
applicationmust
include
a
statementthat
idenMies
the
resources
that
will
be
devoted
by
the
State
or
Indian
Tribe
to
the
administration
of
the
State
or
Tribal
lead­
based
paint
complianceand
enforcement
program.
This
statement
must
address
fiscal
and
personnel
resources
that
will
be
devoted
to
the
program.

See
the
 
Fiscal
Impact
Statement 
which
is
attached
as
Appendix
B
and
also
see
Attachment
E
regarding
the
Departmental
Infrastructure/
OrganizationChart
and
see
staff
shown
in
Program
Element
5.

327c
PERFORMANCE
ELEMENTS
The
performance
elements
described
in
paragraphs
(
cxl)
through(
c)(
7)
of
this
section
are
part
of
the
required
elements
for
the
complianceand
enforcementprogram
portion
of
a
State
or
Tribal
lead­
based
paint
program.

327c1
TRAINING
All
enforcement
personnel
will
meet
the
EPA
minimum
training
curriculum
requirements
and
the
educational
and
experience
prerequisites
referenced
in
745.226.
These
requirements
are
adopted
by
reference
in
DCMR
806.1
(
Appendix
C).
Personnel
will
also
participate
in
an
in­
house
comprehensivetraining
program
to
insure
consistency
in
program
delivery.
Topics
to
becovered
in
training
include
the
inspection
process,
sampling
procedures,
case
write­
up,
adjudication
and
penalty
assessment
policies.
The
office
of
Adjudication
conducts
training
for
inspectors
routinely
to
maintain
staff
knowledge
of
legal
process.
The
training
curriculum
requirements
are
as
follows:

(
A).
All
enforcement
personnel
will
meet
the
EPA
minimum
training
curriculum
requirements
and
the
educational
and
experience
prerequisites
referenced
in
745.226.
These
requirements
are
adopted
by
reference
in
DCMR806.1
(
Appendix
C).
An
EPA
and
District
certified
training
provider
will
provide
technical
training
and
refresher
courses.

4
7
57
\
Rev.
0313
1/
01
Inspector
a.
Role
and
responsibilities
b.
Background
information
on
leadhealth
effects
c.
Background
information
on
Federal,
State,
and
Local
lead­
related
regulations
d.
Inspection
methods
e.
Paint,
dust
and
soil
sampling
methodologies
f.
Clearance
standards
and
testing
g.
Preparation
and
final
inspection
report
h.
Record
keeping
Risk
Assessor
a.
Role
and
responsibilities
b.
Collection
of
background
information
to
perform
a
risk
assessment
c.
Sources
of
environmental
lead
contamination
d.
Visual
inspection
to
identie
potential
lead
sources
e.
Lead
hazard
screen
protocol
f.
Sampling
for
other
sources
of
lead
exposure
g.
Interpretation
of
samplingresults
h.
Development
of
hazard
control
options
I.
Preparation
of
final
risk
assessment
report
Supervisor
Supervisor
a.
Role
and
responsibilities
b.
Background
information
on
leadhealth
eff
c.
Background
information
on
Federal,
State
and
Locallead­
related
regulations
d.
Lead­
related
liability
and
insurance,
issues
e.
Riskassessment
and
inspection
report
interpretation
f.
Development
and
implementation
of
occupant
protection
plan
and
abatement
report
g.
Lead­
based
paint
abatement
and
hazard
recognition
and
control
h.
Lead­
based
paint
abatement
and
hazard
reduction
methods
I.
Interior
dust
abatementlcleanup,
hazard
control
and
reduction
j.
Soil
and
exterior
abatement
methods
4
8
Rev.
03/
3
1/
01
k.
Clearance
standards
and
testing
I
1.
Cleanup
and
waste
disposal
m.
Record
keeping
Project
Designer
a.
Role
and
responsibilities
b.
Development
and
implementation
of
an
occupant
protection
plan
for
large
scale
abatement
projects
c.
Lead­
based
paint
abatement
and
hazard
reduction
methods
d.
Interior
dust
abatementkleanup
e.
Clearance
standards
and
testing
for
large
scale
abatement
projects
f.
Integration
of
lead­
based
paint
abatement
methods
rehabilitation
projects
for
large
scale
abatement
projects
Lead
Inspectors
will
receive
individual
refresher
and
updated
training
on
an
as­
needed
basis
when
deficiencies
are
noted
and/
or
new
personnel
are
hired.

(
B)
Enforcement
and
Compliance
Training
will
beprovided
semi­
annually.
Personnel
will
participate
in
an
in­
house
comprehensivetraining
program
to
ensure
consistency
in
program
delivery.
Topics
to
be
covered
in
training
includethe
legal
authority,
and
general
guidelines
for
enforcement
actions
including
the
inspection
process,
sampling
procedures,
case
write­
up,
and
adjudication
and
penalty
assessment
policies.
Additionally,
the
Ofice
of
Adjudication
conducts
training
for
inspectors
rouOtinely
to
maintain
staff
knowledge
of
the
legal
process
(
see
Appendix
L).
Enforcement
staff
will
receive
formal
core
training
in
lead
discipline
courses.
The
training
curriculum
requirements
are
as
follows:

ENFORCEMENT
AND
COMPLIANCE
TRAINING
I.
PURPOSE
IL
LEGAL
AUTHORITY
A.
APPLICABILITY
B.
ENFORCEMENT
rn.
GENERAL
GUIDELXNES
FOR
ENFORCEMENT
­
CTIO
rs
A.
INSPECTIONS
1.1
RIGET
OF
ENTRY
1.10
UNDER
LEADBASED
PAINT
ACT
1.11
UNDER
THEDISTRICT S
HOUSING
CODE
­

5?
Rev.
0313
1/
01
1.2
TYPES
OF
INSPECTIONS
1.20
PROGRAMMED
INSPECTIONS
1.21
INSPECTIONS
RESULTING
FROM
TIPSAND
COMPLAINTS
1.21
COMPLIANCE
AUDITSmVSPECTIONS
1.2
APPROACHES
TO
CONDUCTING
INSPECTIONS
1.30
TRAITS
OF
A
SUCCESSFUL
INTERVIEWER
OR
INTERROGATOR
1.31
WHAT
IS
AN
INVESTIGATION
1.32
DIFFERENT
TYPES
OF
INVESTIGATIONS
1.33
GOALS
AND
OBJECTIVES
OF
INVESTIGATION
1.34
WHEN
IS
AN
INVESTIGATION
SUCCESSFUL
1.35
REASONS
FOR
A
NOTEBOOK
1.36
INVESTIGATOR S/
INSPECTOR S
NOTES
FOR
TESTIFYING
1.37
CASE
HISTORY
ACTIVITY
REPORT
1.38
RE­
INSPECTION
B.
AUDITS
C.
WARNING
NOTICES
­
NOTICES
OF
VIOLATIONS/
DEFECTS
D.
CEASE
&
DESIST
ORDERS
E.
NOTICE
OF
INFRACTION
F.
PERMITKERTIFICATION
SUSPENSION
OR
REVOCATION
G.
JUDICIAL
RELIEF
Iv.
COMPLIANCE
ASSISTANCE
327~
2COMPLWNCE
ASSISTANCE
A
Stateor
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
provide
complianceassistance
to
the
public
and
the
regulated
community
to
facilitateawareness
and
understandingof
and
compliancewith
State
or
Tribal
requirements
governingthe
conduct
of
lead­
based
paint
activities.
The
type
and
nature
of
this
assistance
can
be
defined
by
the
State
or
Indian
Tribe
to achievethis
goal.

The
District
of
Columbia
Lead­
Based
Paint
Program
commits
to
providing
compliance
assistance
through
the
services
of
the
Community
and
Education
Outreach
50
.

60
Rev.
03/
3
1/
01
component.
A
basic
service
of
the
component
is
to
inform
the
general
public
of
the
local
and
federal
regulations
governing
the
removal
of
lead
in
the
District
of
Columbia.
Priority
target
groups
willinelude
parents
of
young
children
(
8
years
old
and
younger),
pediatric
health
care
providers,
educators,
real
estate
professional,
home
improvement
contractors,
remodelers,
tenants,
and
landlords.
Lead
abatement/
hazard/
awarenessinformation
and
training
sessionsdeveloped
by
government
and
private
industry
will
be
disseminatedto
the
general
public
(
see
Appendix
I).
Our
office
willexplore
the
feasibility
of
providing
assistance
such
as
homeowner
and
landlord
discount
vouchers
for
participation
in
specialty
training
courses.
An
information
hotline
will
be
activated
to
answer
the
general
public=
s
questions
regarding
the
compliance
of
law.
Speaking
request
will
be
honored
on
an
as
needed
basis.

327~
3SAMPLING
TECHNIOUES
A
Stateor
Tribal
lead­
based
paint
complianceand
enforcement
program
must
have
the
technological
capability
to
ensure
compliance
with
the
lead­
based
paint
program
requirements.
A
State
or
Tribal
applicationfor
approval
of
a
lead­
based
paint
program
must
show
that
the
State
or
Indian
Tribe
is
technologicallycapableof
conducting
a
lead­
based
paint
compliance
and
enforcement
program.
The
Stateor
Tribal
program
must
have
access
to
the
facilities
and
equipment
necessary
to
perform
sampling
and
laboratory
analysis
as
needed.
This
laboratory
facility
must
be
a
recognized
laboratoq
as
defined
at
$
745.223,
or
the
Stateor
Tribal
program
must
implement
a
quality
assurance
program
that
ensures
appropriatequality
of
laboratory
personnel
and
protects
the
integrity
of
analytical
data.

The
District
of
Columbia s
Compliance
and
Enforcement
program
has
access
to
facilities
and
equipment
necessary
toperform
sampling
and
analysis.
Only
certified
individuals
willcollect
samples
and/
or
conduct
sampling
to
ensure
appropriate
sampling
techniques
are
employed.
Thedesignated
laboratory
is
recognized
by
EPA
as
being
capable
of
performing
analysis
for
lead
compounds
in
paint,
soil
and
dust
as
prescribed
in
TSCA
section
405@).
The
selected
lab
facility
in
concert
with
our
offrce
willdevelop
QAPP s
conforming
to
EPA
Guidance
prior
to
any
sampling.
The
QAPP s
will
protect
the
integrity
of
all
its
analytical
data.
(
See
attached
QAPP s
­
Appendix
J)

327~
4TRACKING
TIPS
AND
COMPLAINT
A
Stateor
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
demonstrate
the
ability
to
process
and
react
to
tips
and
complaints
or
other
information
indicatinga
violation.

Compliance
monitoring
personnel
will
conduct
inspections
upon
request
and
through
general
routine
inspections,
regardless
of
source
to
ascertain
whether
the
premises
contain
lead­
based
pain4
hazards.
Through
the
District s
regulatory
capacity,
the
District
must
be
notified
within
ten
(
10)
days
before
the
proposed
lead­
based
paint
abatement
project.
The
51
6/
Rev.
0313
1/
01
District
only
requires
notification
for
abatement
projects,
not
for
inspections,
risk
assessments,
or
project
designing..
The
inspectors
will
monitor
abatement
projects
and
enforce
D.
C.
Law
11­
221
(
See
Appendix
C)
and
Municipal
Regulations
Title
20,
Chapter
8,
Section
806.
Requests
may
come
from
the
public
or
private
sector,
in
writing,
by
telephone
or
anonymously.
The
tip
or
complaint
is
received,
intake
process
is
performed
and
level
of
priority
is
assessed
by
the
supervisor.
The
inspection
assignment
is
referred
to
the
appropriate
compliance
personnel
to
conduct
a
lead­
based
paint
inspection.

INSPECTIONS
RESULTING
FORM
TIPSAND
COMPLAINTS
Inspectors
will
conduct
inspections
upon
request
regardless
of
source
to
ascertain
whether
the
premises
contain
lead­
based
paint
hazards.
Requests
may
come
from
the
public
or
private
sector,
in
writing,
by
telephone
or
anonymously.
The
District s
regulations
require
that
the
District
be
notified
within
no
less
than
10days
before
a
proposed
lead­
based
paint
abatement
project
(
Tide
14
DCMR
707.10).
The
process
for
tracking
tips
and
complaints
as
follows:

a.
Talk
with
complainant
to
verify
activity
and
location
b.
Log
the
tip/
complaht
on
appropriate
form
and
assign
a
number
to
the
complaint
C.
Check
databasdfdes
for
matching
permWapplication
d.
Determine
Ievel
of
priority
e.
Conduct
aninspection
todetermine
that
a
violation
exists
f.
Document,
document,
and
document
some
more
327~
5TARGETING
INSPECTIONS
A
Stateor
Tribal
lead­
basedpaint
compliance
and
enforcement
program
must
demonstrate
the
ability
to
target
inspectionsto
ensure
compliance
with
the
lead­
based
paint
program
requirements.
Suchtargeting
must
include
a
method
for
obtaining
and
using
notifications
of
conimencementof
abatementactivities.

The
District
of
Columbia s
compliance
and
enforcement
program
will
target
inspections
to
ensure
compliancewith
LBP
requirements.
Traditionally,
the
Housing
Lead
52
Rev.
03/
3
1/
01
Inspectors
have
targeted
inspections
by
the
primary
sources
of
referrals
(
CLPPP,
Foster
or
Daycare)
and
the
level
of
seriousness,
Le.,
emergency,
within
24
hours,
urgent
and
moderate
up
to
10
days.
The
LBP
monitoring
staffwill
enhance
this
policy
to
incorporate
the
10
day
notification,
imposed
by
our
regulations,
requiring
reporting
of
all
lead
based
paint
abatement.
This
notification
list
will
comprise
the
core
group
of
routine
inspections.
The
inspections
will
be
qualitalively
ranked
using
such
tools
as,
planned
and
unplanned
activity,
priority
ranking
as
to
seriousness,
imminent
danger,
fatality,
complaint
or
referral.
The
projected
work
load
and
service
delivery
will
correlate
to
the
projected
staff
of
two
and
be
designed
to
make
the
most
of
emcient
use
of
resources.

(
A)
PROGRAMMED
INSPECTIONS
The
District
of
Columbia s
lead
poisoning
prevention
program
conducts
inspections
to
ensure
compliancewith
applicable
laws
and
regulations.
These
typesof
inspections
are
referred
to
as
programmed
inspections,
and
may
take
the
following
forms;

1.
Random
Inspections
willbe
conducted
on
observation
of
lead
hazards.
The
Mayor
may
inspectanyresidential
premises
where
there
is
reason
to
believe
lead
may
present
a
health
hazard
because
of
the
presence
of
a
child
under
the
age
of
eight
(
8)
years
who
resides
there
or
spends
ten
(
10)
hours
or
more
there.
(
Title
14
DCMR
707.8,
Appendix
C)

2.
Inspections
Resulting
from
Referrals.
The
primary
source
of
referrals
will
be
from
the
Lead
Poisoning
Screening
and
Education
Program,
and
foster
or
child
care
facilities.
This
is
similar
to
tips
and
complaints
(
Titie
14
DCMR
707.10,
Appendix
C),
however,
these
referrals
are
expeeted
and
are
an
integral
part
of
the
program.
Case
history
and
all
other
supporting
documentation
are
gathered
before
beginning
the
investigation.
The
Department
willalso
target
for
referrals
the
following
segments
in
its
regulated
community:
homeowners,
contractors,
tenants,
and
parents
of
young
children
eight
(
8)
years
and
younger,
childcare
and
healthcare
providers.

3.
Inspectionof
permitted
lead
abatement
projects.

53
Rev.
0313
1/
01
(
a)
This
group
will
comprise
the
core
of
the
inspection
list.
The
inspections
will
be
qualitatively
ranked
using
such
tools
as
planned
and
unplanned
activity,
priority
ranking
asto
seriousness,
imminent
danger,
fatality,
complaint
or
referral.

(
b)
Routine
considerations
will
include:
(
1)
Duration­
one
week
or
more
(
2)
Size
of
Abatement­
square
footage
to
be
abated
(
3)
Structure
to
be
abated:
­
public
housing
­
Private
housing
­
Public
facility
­
Commercial
facility
(
4)
Type
of
Abatement:
­
Soil
disruption
­
Paint
removal
­
Window
replacement
327~
6FOLLOW
UP
TO
INSPECTION
REPORTS
A
Stateor
Tribal
lead­
based
paint
complianceand
enforcement
program
must
demonstrate
the
ability
to
reasonably,
and
in
a
timely
manner,
process
and
follow­
up
on
inspection
reports
and
other
idormation
generated
throughenforcement­
relatedactivities
associated
with
a
lead­
based
paint
program.
The
Stateor
Tribal
program
must
be
in
a
position
to
ensure
correction
of
violations
and,
as
appropriate,
effectivelydevelop
and
issue
enforcement
remedies/
responsesto
follow
up
on
the
identificationof
violations.

The
District
of
Columbia s
compliance
and
enforcement
program
will
conduct
follow­
up
inspections
reasonably
and
as
promptfy
as
resources
permit
Except
in
unusual
circumstances,
follow­
up
inspections
will
be
conducted
no
later
than
30working
days
after
the
latest
violation
abatement
date.
The
seriousness
of
the
hazard
will
assist
in
determining
the
priority
selection.
Other
factors
will
include
such
criteria
as
willfulness,
failure
to
abate,
imminent
danger
situation
and
the
gravity
of
the
exposure
to
human
health.
See
Appendix
N
for
the
 
District
of
Columbia
Civil
Infraction
Procedures 
flow
chart.

(
A)
FOLLOW­
UP
INSPECTIONS
Follow­
up
inspections
will
be
conducted
once
a
violation
has
been
determined
to
exist.
The
inspector
will
conduct
follow­
up
inspections
reasonably
and
aspromptiy
as
resources
permit
Except
in
unusualcircumstances,
follow­
up
inspections
will
be
conducted
no
later
than
30
working
days
after
the
latest
abatement
The
seriousness
of
the
hazard
willassist
in
determining
the
priority
selection.

54
Rev.
0313
1/
01
(
B)
RE­
INSPECTION
Re­
inspection
of
premises
for
which
there
are
pending
violations
is
imperative.

Violations
cannot
be
considered
abated
without
re­
inspection.
Unabated
items
cannot
be
referred
for
enforcement
action
unless
it
has
been
verified
that
the
violations
still
exist
and
.
efforts
at
compliance
have
not
been
made.

As
a
result
of
re­
inspection:

a.
Place
an
 
A 
(
abated)
in
front
of
the
number
of
the
item
or
condition
on
the
deficiency
list
of
the
inspection
report
that
has
been
abated.
b.
Indicate
those
conditions
on
the
deficiency
list
that
has
been
partially
corrected.

c.
Attempt
to
contact
the
responsible
person
to
ascertain
the
reason
for
noncompliance
and/
or
to
verify
receipt
of
orders;

1.
Telephone
the
responsible
person.
Ifunable
to
contact
during
working
hours,
telephone
in
the
evening,
early
morning,
or
on
weekends.
Record
the
essentials
of
the
call
and
how,
where
and
when
to
contact
the
responsible
person
in
the
future.

2.
Try
personally
contacting
the
responsible
person
during
reasonable
hours.

d.
Take
the
foUowing
action
ifthe
responsible
person
is
contacted
1.
If
a
valid
reason
is
given,
recommend
an
additional
reasonable
time
for
compliance.

3.
In
the
absence
of
a
valid
reason
for
non­
compliance,
proceed
with
a
notice
of
infraction.

e.
Add
record
of
the
re­
inspection
report
to
the
case
history/
fde.

327c7
COMPLIANCE
MONITORING
AND
ENFORCEMENT
A
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program
must
demonstrate,
in
its
applicationfor
approval,
that
it
is
in
a
position
to
implement
a
compliancemonitoring
and
enforcement
program.
Such
a
compliancemonitoring
and
enforcement
program
must
ensure
correction
of
violations,
and
encompass
either
planned
and/
or
responsive
lead­
based
paint
compliance
inspections
and
developmentlissuance
of
State
or
Tribal
enforcement
responses
which
55
Rev.
0313
1101
are
appropriateto
the
violations.

The
District
of
Columbia s
compliance
and
enforcement
program
will
ensure
correction
of
violations
through
its 
current
enforcement
regulatory
process.
The
first
step
will
involve
the
surveillance,
on­
site
inspections,
investigations,
record
reviews
and
target
information
gathering
processes.
When
violations
are
observed,
a
three
phase
enforcement
tier
is
in
place
which
includes
administrative,
civil
and/
or
criminal
enforcement
activity.

(
A)
RECORDING
AND
SCHEDULING
INSPECTIONS
a.
Upon
receipt
of
a
referral
the
inspector
will
conduct
research,
using
the
Lusk
Directory,
Haines
Directory,
DFR
automated
database
or
the
Washington
Post
directory
of
homeowners
(
internet)
to
determine
ownership
of
the
premise
that
is
suspected
of
having
lead­
based
paint
hazards.
(
Ifthe
information
is
not
found
in
the
resources
identified,
contact
the
Recorder
of
Deeds
to
request
this
information.)
b.
After
identifyingownership
of
the
premise,
create
a
record
by
recording
the
following
information;
1.
Case
No
2.
Date
Received
3.
#
street
4.
Quad
5.
Child
(
under
8
years)
6.
Telephone
7.
Owners
name
8.
Owners
Address
9.
Owners
Agent
(
if
applicable)
c.
Create
a
Fie
jacket
for
all
documents
and
notes.
d.
Report
referral
to
Supervisor
for
a
priority
level
for
the
scheduling
of
an
inspection.
e.
Once
an
inspection
date
has
been
determined,
contact
the
owner
or
responsible
party
to
schedulethe
inspection.
Provide
the
owner
with
the
name
and
telephone
number
of
the
inspector.
Record
the
name
of
the
person
contacted,
and
the
date
and
time
of
the
contact.
f.
Make
at
least
three
attempts
to
contact
the
owner
or
responsible
party.
If
all
attempts
fail,
send
anATTEMPT
TO
INSPECT
NOTICE.

(
B)
CASE
HISTORY
ACTIVITY
REPORT
b.
The
inspector
should
create
a
case
history
to
record
all
activity
on
a
particular
.

case
including
the
pertinent
activity
from
the
initial
corn
plaint
(
ifapplicable),
the
56
Rev.
0313
1/
01
initial
inspection,
personal
servicdcertified
mailings,
re­
inspections,
and
contacts
with
contractors,
tenants
etc.
C.
Entriesshould
be
made
as
soon
as
possible
after
an
action
was
taken.
d,
Notes
taken
should
be
as
complete
as
possible.
Include
for
example:
1.
Address
and
unit
number.
2.
Names
and
contact
information
of
all
potential
witnesses
3.
Describe
in
detail
the
deficiency/
violation.
4.
Describe
the
degree
or
extent
of
the
violation.
5.
Note
any
substitutions/
alternativesetc
in
use.
e.
Do
not
issue
any
violation
unless
personally
observed.
f.
On­
site
inspections
must
be
conducted.
g*
Record
notes
in
ink
(
C)
SOME
QUESTIONSTHAT
YOUMAY
BEASKED
IN
COURT
1.
The
date
of
the
inspection?
2.
The
type
of
violation
observed?
3.
To
what
degree
do
the
violations
exist?
4.
The
seriousness
of
the
violations?
5.
Was
the
inspection
partial
or
coinplete?
6.
What
area
of
the
premises
did
you
inspect?

@)
RESPONSIBLE
PARTY
Violation
notices
shall
only
be
addressed
to
the
person
or
company
who
is
the
responsible
party
under
the
regulation
or
law,
Where
it
is
determined
that
the
owner
is
the
responsible
party
serve
the
order:
.
1.
Directly
on
the
owner,
if
the
owner
is
a
resident
of
the
District
of
Coiumbia.
2.
The
owner
through
a
D.
C.
agent
or
representative
when:
a.
The
owner
is
a
non­
resident
b.
A
company,
agent
or
representative
has
requested
in
writing
that
our
notices
be
sent
to
them
rather
than
the
owner.
3.
The
licenseedirectly.
4.
The
D.
C.
Agent
or
representative
directly
(
resident
manager)
5.
Note:
When
the
name
is
a
nameof
a
company,
the
order
must
be
served
on
an
official
of
the
company
or
organization.
6.
Inspectors
will
gather
information
sufficient
to
establish
the
responsible
party.
7.
Where
the
responsible
party
is
a
corporation,
only
the
corporation
itself,
and
not
any
of
its
offieem
will
be
considered
the
responsible
party.

57
Rev.
0313
110I
(
E)
AUDITS
Inspectors
will
conduct
follow­
up
audits
reasonably
and
as
promptly
as
resources
permit.
Audits
will
be
performed
and
conducted
on
the
following:

(
a)
Randomly
selected
non­
inspected
abatement
projects.

(
b)
Training
facilities
for:

1
Too
few
hours
of
teaching
2
Failing
to
meet
minimum
hours
3
Failure
to
include
hands­
on
activities
4
Not
following
training
manuals
5
Not
having
training
manuals
available
to
students.

(
F)
LEAD
SAFE
HOUSING
REGISTRY
Housing
made
lead­
safe
willbe
entered
into
a
lead­
safe
housing
registry.
The
District
of
Columbia
Lead
Safe
Housing
registryis
comprised
of
a
listing
of
properties
that
has
undergone
lead
abatement
work,
and/
or
lead
hazard
control
and
was
issued
a
Lead
Clearance
Certificate,
Currently,
the
District
of
Columbia
has
no
legislation
requiring
the
creation
of
this
registry.

The
criteria
for
entry
into
the
registry
are
the
successful
completion
of
lead
abatement
work
or
lead
hazard
controls,
cerfified
by
the
issuance
of
a
Lead
Clearance
Certificate.
The
list
is
compiled
of
properties
from:

1.
Successful
abatement/
lead
hazard
control
projects.
done
by
the
Department.

2.
Successful
completion
of
abatement
work
identified
through
the
permitting
and
verification
process.

3.
Successful
completion
of
lead
abatement/
lead
hazard
control
projects
done
through
the
enforcement
efforts
of
District
and
federal
agencies.
4.
Submission
of
Lead
CIearance
Certificates
by
property
owners
to
the
Department
sa
Rev.
0313
1/
01
of
Health.

(
G)
LEAD
POISONING
PREVENTION
TASKFORCE
The
Mayor
has
established
a
Lead
Poisoning
Prevention
Taskforce.
The
attached
Mayor's
Order
99­
139,
September
2,1999,
describes
the
charter
of
the
Lead
Poisoning
Prevention
Taskforce.
A
list
of
the
current
members
is
provided.
See
Appendix
F.

327d
SUMMARY
ON
PROGRESS
AND
PERFORMANCE
~

The
Summary
on
Progress
and
Performance
described
below
is
part
of
the
required
elements
for
the
compliance
and
enforcement
program
portion
of
a
Stateor
Tribal
lead­
based
paint
program.
A
Stateor
Tribal
lead­
based
paint
complianceand
enforcement
program
must
submit
to
the
appropriateEPA
Regional
Administrator
a
report
which
summarizesthe
results
of
implementingthe
State
or
Tribal
lead­
based
paint
compliance
and
enforcement
program,
including
a
summary
of
the
scope
of
the
regulated
community
within
the
State
or
Indian
Tribe
(
which
would
include
the
numberof
individualsand
firmscertified
in
lead­
based
paint
activities
and
the
number
of
training
programs
accredited),
the
inspections
conducted,
enforcement
actions
taken,
compliance
assistance
provided,
and
the
level
of
resources
committed
by
the
State
or
Indian
Tribe
to
these
activities.
The
report
shall
be
submitted
according
to
the
requirements
at
 j745.3240.

The
District
is
committed
to
submit
annual
progress
reports
on
the
anniversary
date
of
self­
certification
beginning
on
August
17,2000.
The
initial
report
shall
cover
he
first
two
years­
ofprogram
operation.

59
'
9
Rev.
0313
1/
01
60
70
Rev.
03/
31/
01
Program
Analysis
Department
of
Health
Environmental
HealthAdministration
Lead­
Based
Paint
Abatement
Program
61
7f
1
2
3
4
5
6
7
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
More
Protective
As...
Equivalent
Protective
1
745.225
$
1)
Adopted
by
Reference
X
2
745.225
a(
2)
Adopted
by
Reference
X
3
745.225
a(
3)
Adopted
by
Reference**
X
Item
Federal
Regulation
D.
C.
Regulation
745.225
b(
1)

745.225b(
l)
I
745.225b(
1)
ii
745.225
b(
1)
iii
745.225
b(
1)
iv
745.225
b(
2)

745.225
b(
3)
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
At
Least
As
Equivalent
1
More
,
ProtectiveAs...
Protective
X
X
X
X
X
X
X
Analysis:
There
is
no
difference
between
the
two
programs.
Me
Ploteetivex­
D.
C.
Abatement
Definition
Requirements
for
the
Accreditation
of
Training
Program
Item
Federal
Regulation
D.
C.
Regulation
1
745.225
c(
1)

2
745.225
4l)
i
3
745.225c(
1)
ii
4
745.225
dl)
iii
­
5
745.225c(
1)
iv
6
745.225
d2)

7
745.225
c(
2)
i
8
745.225
42)
ii
9
745.225
c(
2)
i.
G
10
745.225
c(
3)

11
745.225
44)

12
745.225
c(
4)
i
13
.
745.225
d4)
ii
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Ref­

Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
At
Least
As
Equivalent
More
Protective
As...
Protective
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Requirements
for
the
Accreditation
of
Training
Prograps
Item
FederalRegulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
14
745.225c(
4)
iii
Adopted
by
Reference
X
15
745.225
d5)
Adopted
by
Reference
X
,
16
745.225c(
6)
i
Adopted
bv
Reference
X
17
745.225
c(
6)
ii
Adopted
by
Reference
X
18
745.225
c(
6)
iii
Adopted
by
Refame
X
19
745.225
c(
6)
iV
Adopted
by
Ref­
X
20
745.225
c(
6)
v
Adopted
by
Refer­
X
21
745.225
c(
7)
i
Adopted
by
Reference
X
I
22
745.225
c(
7)
ii
Adopted
by
Reference
X
23
745.225c(
7)
iii
Adopted
by
Reference
X
24
745.226
c(
8)
i
Adopted
by
Reference
X
25
745.225
c(
8)
ii
Adopted
by
Reference
X
26
745.225c(
8)
iii
Adopted
by
Reference
X
­
27
745.225
c(
8liv
Adopted
by
Reference
X
28
745.225
d8)
v
Adopted
by
Reference
X
29
745.225
c(
9)
i
Adopted
by
Refaence
X
30
745.225
c(
9)
ii
Adopted
by
Refaence
X
~
~~

31
745.225~(
10)
Adopted
by
Reference
.
I
32
745.225c(
11)
Adopted
by
Reference
X
33
745.225
412)
Adopted
by
Reference
X
Analysis:
There
L
no
difference
betweenthe
two
programs
except
that
item31
is
moreprotective
Item
Federal
Regulation
D.
C.
Regulation
AtLeaseb
Equivalent
More
1
745.225dtlX
,2
745.225d(
l%

.3
745.225
d(
lW
­
4
745.225
d(
1)
iv
5
745.225
d(
1)
v
­
6
745.225
d(
1)
vi
7
745.225
d(
1)
vii
8
745.225
d(
1)
viii
Protective
As...
Protective
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Ref­
X
Adopted
by
Ref­
X
Analysis:
Then
is
no
Merenee
betweenthe
two
programs
except
that
3,4,5,
&
8
are
more
protective.

63
73
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As
Protective
1
745.225
d(
2)
i
2
745.225
d(
2)
ii
3
745.225
d(
2)
iii
4
745.225
d(
2)
iv
5
745.225
d(
2P
­
6
745.225
d(
2)
vi
7
745.225d(
2kii
8
745.225
d(
2)
viii
9
745.225
d(
2Xx
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
1
745.225
d(
3fi
2
745.225d(
3)
ii
3
745.225
d(
3)
iii
4
745.225
d(
3)
iv
,5
745.225
d(
3k
6
745.225
d(
3Pi
7
745.225
d(
3)
vii
8
745.225
d(
3)
viii
9
745.225
d(
3)
ix
~

10
745.225
d(
3b
11
745.225
d(
3)
xi
12
745.225
d(
3)
xii
13
745.225
d(
3)
xiii
Protective
As...

Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Ref­

Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Protmtive
As...

1
745.225d(
4)
i
Adopted
bv
Reference
2
745.225
d(
4)
ii
Adopted
by
Reference
3
745.225
d(
4)
iii
Adopted
by
Reference
6
4
X
X
X
X
X
X
X
X
X
Equivalent
More
Protective
X
X
X
X
X
X
X
X
X
X
X
X
X
Equivalent
More
Protective
X
X
X
7Y
1
2
3
4
5
6
7
Minimum
Training
Curriculum
Requirements
­
Project
Designer
Item
Fed&
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
4
745.225
d(
4)
iv
Adopted
by
Reference
5
745.225
d(
4)
v
Adopted
by
Reference
6
745.225
d(
4)
vi
Adopted
by
Reference
Item
Federal
Regulation
D.
C.
Regulation
745.225
d(
5)
i
745.225
d(
5)
ii
745.225
d(
5)
iii
745.225
d(
5)
iv
745.225
d(
5)
v
745.225
d(
5)
vi
745.225
d(
5)
vii
10
745.225
e(%

11
745.225
e(
5)
iii
.
12
745.225
d5Xv
13
745.225
e(
5)
v
14
745.225
e(
5)
vi
1
745.225
e(
5)
vii
Adopted
bv
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
bv
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
65
At
Least
As
Protective
As...

r
X
X
X
Equivalent
More
Protective
X
X
X
X
X
X
X
X
X
X
X
X
X
75­
1
2
3
4
5
6
7
8
.

Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
EquivalentProtective
As...

745.225f(
1)
Adopted
by
Reference
X
745.225
f(
21
Adopted
by
Reference
X
745.225f(
3)
Adopted
by
Refereme
X
745.225f(
3)
i
Adopted
by
Reference
X
745.225f(
3)
ii
Adopted
by
Reference
X
745.225f(
3)
iii
Adopted
by
Reference
X
745.225f(
3)
iv
Adopted
by
Reference
X
745.225f(
41
Adopted
by
Reference
X
~

Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
Protective
As._.

1
745.225h(
1)
i
Adopted
by
Reference
X
2
745.225h(
l
)
ii
Adopted
by
Reference
X
3
745.225
h(
1)
iii
Adopted
by
Reference
X
4
745.225
h(
1Xv
Adopted
by
Reference
X
5
745.225h(
l)
v
Adopted
by
Rderence
X
­
6
745.225h(
2)
i
Adopted
by
Reference
X
7
745.225h&)
ii
Adoptedby
Reference
X
8
745.225
h(
2)
iii
Adopted
by
Reference
X
9
745.225h(
3)
i
Adoptedbv
Reference
X
66
Procedures
for
Suspension,
Revocation
or
Modification
of
Training
Program
Accreditation
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
Protective
As...

X
X
X
X
X
X
X
X
X
10
745.225
h(
3)
ii
11
745.225h(
3)
E
12
745.225
h(
4)
i
13
745.225h(
4)
ii
14
745.225h(
4)
iii
15
745.225
h(
4)
iv
16
745.225
h(
5)

17
745.225
h(
6)

18
745.225h(
7)
Adopted
by
Refxence
Adopted
by
Reference
Adopted
by
Reference
Adopted
bv
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Analysis:
There
is
no
difference
between
the
two
programs
Training
Program
Record
Keeping
Requirements
Item
Federal
Regulation
1
*
745.225
I(
l)
i
2
745.225
3
745.225
I(
1)
iii
4
745.225I(
1)
iv
5
745.225
I(
l)
v
­
6
745.225
I(
l)
vi
7
745.225
I(
lM
8
745.225
I(
2)

9
745.225I(
3)
I
I
i
D.
C.
Regulation
At
Least
As
Protective
As...
I
I
~
~~
~~
~

Adoptedby
Ref­

Adoptedbv
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
bv
Reference
Adoptedby
Reference
Adoptedby
Reference
'
X
1
X
1
Analysis:
There
is
no
difference
between
the
two
programs.

67
PROGRAM
ELEMENT
#
2
CERTIFICATION
OF
INDIVIDUALS
AND
FIRMS
ENGAGED
IN
LEAD­
BASED
PAINTACTIVITIES;
TARGET
HOUSING
AND
CHILD­
OCCUPIED
FACILITIES
Certification
of
Individuals
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Protective
As...

1
745.226
a(
l)
I
Adopted
by
Reference
2
745.226
a(
l)
ii
Adopted
by
Reference
3
745.226
a(
2)
Adopted
by
Reference**

4
745.226
a(
3)
Adopted
by
Reference
.5
745.266
a(
4)
Adopted
by
Reference
6
745.226
45)
Adopted
by
Ref­**

7
806.6*
NfA
Analysis:
"
Certification
feerequired
Inspector,
RiskAssessors
or
Supervisors
Item
Federal
Regulation
1
745.226
b(
lE
,2
745.226
b(
1)
ii
3
745.226
b(
1)
iii
4
745.226
b(
1)
iii
A(
1)

,5
745.226
b(
1)
iii
A(
2)

6
745.226
b(
l)
iii
B(
1)

7
745.226
b(
1)
iii
B(
2)

8
745.226
b(
1)
iii
B(
3)

9
745.226
b(
1)
iii
B(
4)

10
745.226
b(
1)
iii
C(
1)

11
745.226
b(
1)
iiiC(
2)

,
12
745.226
b(
2)
i
13
745.226
b(
2%

14
745.226
b(
2)
iii
I5
745.226
b(
3)

16
745.226
b(
3E
17
745.226
b(
3)
ii
18
745.226
b(
4)

19
745.226
b(
5)

20
745.226
b(
6)

21
745.226
bo)
D.
C.
Regulation
At
Least
As
Protective
As...

Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
bv
Reference
Adopted
by
Ref­

Adopted
by
Refkrewe
Adopted
by
Reference
Adopted
by
Ref­

Adopted
by
Reference
Adopted
bv
Reference
Adopted
by
Reference
Adopted
by
Ref'

Adopted
by
Refemnx
Adopted
by
Reference
Adopted
bv
Reference
Adopted
bv
R&
erence
Adopted
bv
Reference
Adopted
bv
Refererace
Equivalent
More
'

Protective
X
X
X
X
.
I
.
i
Equivalent
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Item
Federal
Regulation
22
23
24
25
D.
C.
Regulation
806.
Ue)
1
806.
l(
e)
2
806.1fe)
3
806.6f
At
Least
As
Equivalent
Protective
As...

NIA
NIA
NIA
NIA
At
Least
As
Equivalent
Protective
As...
Abatement
Worker
and
Project
Designer
1
Item
1
FederalRegulation
D.
C.
Regulation
­

.1
745.226
c(
lX
2
745.226
~(
1%

3
745.226
c(
l)
iiA(
1)

4
745.226
c(
1)
ii
Af2)

5
745.226
c(
l)
ii
B(
1)

6
745.226
c(
l)
ii
B(
2)

7
745.226
c(
l)
ii
B(
3)

8
745.226
42)

,9
745.226
c(
2)
i
10
745.226
~(
2%
Adopted
bv
Reference
X
11
745.226
c(
2)
iii
Adopted
by
Refaence
X
12
745.226
c(
3)
Adopted
by
Reference
X
13
,
745.226
44)
Adopted
by
Reference
x
I
806.6*
NIA
Analysis:
*
Certification
FeeRequired
69
74
Item
Federal
Regulation
1
745.226
d(
1)

2
745.226
d(
1)
i
3
745.226d(
l)
ii(
A)

­
4
745.226
d(
l)
ii(
B)

,5
745.226
d(
l)
ii(
C)

6
745.226
d(
2)

7
Recertification
D.
C.
Regulation
Adopted
by
Reference**

Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference**
806.6*
At
Least
As
Equivalent
More
Protective
As...
Protective
0
0
0
X
X
X
NIA
I
I
I
I
1
Federal
Regulation
D.
C.
Regulation
At
Least
As
I
I
Protective
As...

1
745.226
e(
l)
i
Adopted
by
Ref­
X
2
745.226
e(
l)
ii
Adopted
by
Reference
X
3
745.226
42)
Adopted
by
Reference
X
Certification
of
Firms
Item
1
2
3
4
5
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
745.226
f(
1)
Adopted
by
Reference**
71
745.226
f(
2)
Adopted
by
Reference
71
745.226
f(
3)
Adopted
by
Reference
X
745.226
f(
4)
Adopted
by
Reference
71
745.226
f(
5)
Adopted
by
Reference**
X
Analysis:
There
is
no
differencebetweenthe
twoprograms,
except
for
1,2,&
4
which
are
moreprotective.

Suspension,
Revocationand
Modification
of
Certification
of
Individuals
Engaged
in
Lead­
Based
Paint
Activities
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
I
745.226
g(
1)
Adopted
by
Reference
X
2
745.226
g(
l)
i
Adopted
bv
Reference
X
3
745.226
a(
l)
ii
Adopted
by
Reference
X
Suspension,
Revocation
and
Modification
of
Certificationof
Individuals
Engaged
in
Lead­
Based
Paint
Activities
1
Item
E
16
I*
745.226
g(
lWii
Adopted
by
Reference
745.226
~(
lbiii
Adopted
by
Reference
X
745.226
a(
2)
Adopted
by
Reference
X
Analysis
There
is
no
difference
between
the
two
programs,
except
for
8,
which
hmore
protective
Item
FederalRegulation
D.
C.
Regulation
1
745.226
h(
1)
Adopted
by
Reference
­
2
745.226
h(
1)
I
Adouted
by
Reference
3
745.226
h(
l)
ii
Adopted
by
Reference
4
745.226
h(
l)
iii
Adopted
by
Reference
5
745.226
h(
1)
iv
Adopted
by
Reference
6
745.226
h(
1P
Adopted
by
Ref­

7
745.226
h(
2)
Adopted
by
Reference
8
745.226
I(
2)
i
Adopted
by
Reference
9
745.226
I(
2)
ii
Adopted
bv
Ref­
I
At
Least
As
Equivalent
Mom
Protective
As...
Protective
X
X
II
X
X
X
X
At
Least
As
Equivalent
Protective
As...
Procedures
for
Suspension,
Revocation
or
Modification
of
Certificationof
Individuals
or
Firms
Itern
I
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
Protective
As...

X
X
18
I
745.226
I(
5)
I
Adopted
by
Reference
I
X
I
Analysis:
There
is
no
difference
between
the
two
programs
'
7
2
'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
PROGRAM
ELEMENT
#
3
WORK
PRACTICE
STANDARDS
FOR
CONDUCTING
LEAD­
BASED
PAINT
ACTIVITIES:
TARGET
HOUSING
AND
CHILD­
OCCUPIED
FACILITIES
Effective
Date,
Applicability
and
Terms
(
4
I
745.227
a(
4)
1
Adopted
by
Reference
halysis:
There
is
no
Werence
betweenthe
two
programs
except
2
by
definition
more
protective,
Inspection
Federal
Regulation
D.
C.
Regulation
At
Least
As
Protective
As...

~
~~~

I
~
745.227
b(
1)
Adopted
by
Reference
745.227
b(
2ji
Adopted
by
Reference
745.227
b(
2jii
Adopted
by
Reference
745.227
b!
33
Adopted
by
Reference
745.227b(
3)
ii
Adopted
by
Reference
745.227
b(
4)
i
Adopted
by
Reference
745.227
b(
4)
ii
Adopted
by
Reference
x
I
745.227
b(
4jiii
Adopted
by
Reference
745.227
b(
4jiv
Adopted
by
Reference
X
745.227
b(
4)
v
Adopted
by
Reference
X
745.227
b(
4)
vi
Adopted
by
Reference
X
745.227
b(
4jvii
Adopted
by
Reference
X
745.227
b(
4)
viii
Adopted
by
Reference
X
745.227
b(
4)
ix
Adopted
bv
Reference
X
745.227
b(
4k
Adopted
by
Reference
Analysis:
There
isno
differencebetweenthe
two
programs
except
for
2
&
3which
aremore
protective.

Lead
Hazard
Screen
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
1
745.227
c(
1)
Adopted
bv
Reference
X
2
745.227
c(
2)
i
DC
Law
11­
221Section
5
X
3
745.227
c(
2)
ii
(
A)
Adopted
by
Reference
X
I4
1
745.227
42)
ii
(
B)
Adopted
by
Reference
X
I,
Lead
Hazard
Screen
Item
Federal
Regulation
5
745.227
c(
2)
Gi
6
745.227
c(
2)
iv
7
745.227
c(
2)
v
8
745.227c(
3)
i
9
745.227
c(
3)
ii
10
745.227
c(
4)
i
11
745.227
c(
4)
ii
12
745.227
c(
5)
i
13
745.227
45%

~

Item
FederalRegulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
,
Protective
Adopted
by
Reference
4
Adopted
by
Reference
x
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Reference
X
Adopted
by
Reference
4
Adopted
by
Reference
4
Adopted
by
Reference
X
Adopted
by
Reference
X
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
,1
745.227
d(
1)

2
745.227
d(
2)

.3
745.227
d(
3)

4
745.227
d(
4)

5
745.227
d(
5)

6
745.227
d(
6)

7
745.227
d(
6)
i
8
745.227
d(
6)
ii
9
745.227
d(
7)
.

,
20
745.227
d(
l1)
vii
I21
745.227
d(
l1)
Viii
Adopted
by
Reference
Adopted
by
Refwce
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
by
Reference
Adopted
bv
Reference
Adopted
by
Reference
Adopted
by
Reference
X
X
X
.
I
X
X
X
X
X
X
X
Item
Federal
Regulation
D.
C.
Regulation
,
22
745.227
d(
l1)
ix
Adopted
by
Reference
23
745.227
d(
l1)
x
Adopted
by
Reference
24
745.227
d(
l1)
xii
Adopted
by
Reference
25
745.227d(
1l)
xiii
Adopted
by
Reference
26
745.227
d(
l1)
xiv
Adopted
by
Reference
.
27
745.227
d(
11)
xv
Adopted
bv
Reference
28
745.227
d(
l1)
xvi
Adopted
bv
Reference
,
29
745.227
d(
l1)
xvii
Adopted
bv
Reference
30
745.227
d(
l1)
xviii
Adopted
by
Reference
At
Least
As
Equivalent
More
Protective
As...
Protective
X
I
X
X
Analysis:
There
is
no
difference
between
the
two
programs
except
23
dk
25
are
more
protective,

Abatement
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Protective
As...
Protective
Ix
I
X
X
X
X
X
X
­
x
X
X
X
x
X
X
X
1
I
745.227
e(
9)
iii
I
Adovted
bv
Reference
I'

75
Abatement
~­

I
Item
1
FederalRegulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
23
745.227
e(
l0)
i
Adopted
by
Reference
X
24
745.227
e(
l0)
ii
Adopted
by
Reference
X
25
745.227
e(
1O)
iii
Adopted
by
Reference
26
745.227
e(
l0)
iv
Adopted
by
Reference
27
745.227
e(
1O)
v
Adopted
by
Reference
28
745.227
e(
l0)
vi
Adopted
by
Reference
Analysis:
In
general,
the
District s
program
is
more
protective.

Collection
and
Laboratory
Analysis
of
Samples
Item
FederalRegulation
D.
C.
Regulation
At
Least
As
Equivalent
Protective
As...

1
745.227
f(
1)
Adopted
by
Reference
X
2
745.227
f(
2)
Adopted
by
Ref­
X
Analysis:
There
is
no
difference
between
the
two
programs
Composite
Dust
Sampling
Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
More
Protective
As...
Protective
1
745.227
g(
1)
Adopted
by
Reference
X
2
745.227
g(
2)
Adopted
by
Reference
X
3
745.227
g(
3)
Adopted
by
Reference
4
Record
keeping
­~

1
Item
.
1
FederaiRegulation
I
D.
C.
Regulation
Equivalent
I
1
745.227&)
I
Adopted
by
Reference
I
Ix
I
Analysis:
There
is
no
difference
between
the
two
programs
PROGRAM
ELEMENT
#
4
CERTIFIED
CONTRACTORS
CONDUCTING
LEAD­
BASED
PAINT
ACTIVITIES
Lead­
Based
PaintActivities
Reauirements
Item
FederalRegulation
D.
C.
Law
11­
221
At
Least
As
Equivalent
Protective
As...

7'
7
6
745.235d(
ii)
*
Set.
6
X
7
745.235dtiii)
*
sei211
x
a
745.235e
*
Sec
13
k
14
X
Item
Federal
Regulation
D.
C.
Law
11­
221
Higher.
Equivalent
1
745.327
Section
10
X*
2
Fines
X
Analysis:
Districtfines
arelower
than
the
fines
inTSCA
Section
16,
but
are
an
effective
deterrent.
*
The
penalty
amounts
are
lower.

79
87
PROGRAM
ELEMENT
#
7
EFF'ECTIVE
DATES
AND
FEES
Efffective
Dates
Item
.
FederalRegulation
D.
C.
Regulation
At
Least
As
Equivalent
ProtectiveAs...

1
745.239a
Adopted
by
Reference
X
2
745.239b
Adopted
by
Referenoe
X
3
.
745.239~
Adopted
by
Ref­
X
Fees
­~~~
~~~

Item
Federal
Regulation
D.
C.
Regulation
Lower
Higher
11
I
745.238
I
806.6
I
Ix
I
Analysis:
The
District's
feesare
higher.

80
PROGRAM
ELEMENT
#
8
RECIPROCITY
REQUIREMENTS
IndividuaI
Reciprocity1
Item
1
FederalRegulation
D.
C.
Regulation
At
Least
As
Equivalent
Protective
As...

806.4a
NIA
806.4b
N/
A
806.4~
NIA
4
I
806.4d
N/
A
i
Analysis:
(
a)
Submit
proof
of
current
certification
provided
by
a
training
program
that
has
been
formally
accredited
by
EPA
or
by
an
EPA­
approved
state
program
that
is
at
least
As
stringent
as
the
requirements
of
this
section;
(
b)
Pass
the
examination
required
by
the
Director;
(
c)
Meet
or
exceed
any
additional
requirements
set
by
the
Director;
and
(
d)
Pay
the
reciprocity
certification
fee.

Item
Federal
Regulation
D.
C.
Regulation
At
Least
As
Equivalent
ProtectiveAs...

1
806.5a
NIA
2
806.5b
NIA
3
806.5~
N/
A
81
