71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2554
 
                         House Bill 3710
 
Sponsored by Representative GARDNER (at the request of Blake
  Swensen)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires landlords of certain dwelling units to test units for
lead-based paint hazards after undertaking renovation.  Requires
that tenants be notified of lead-based paint hazards discovered
by testing. Requires containment and abatement of lead-based
paint hazards if woman who is pregnant or child occupies or will
be occupying dwelling unit.
  Imposes civil penalty for first violation, not to exceed $500.
Classifies second or subsequent violation as misdemeanor having
maximum penalty of one year's imprisonment, $5,000 fine, or both.
 
                        A BILL FOR AN ACT
Relating to lead-based paint hazards.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Abate' means taking measures to permanently eliminate
lead-based paint hazards.
  (b) 'Accessible surface' means an interior or exterior painted
surface that is accessible for a child to mouth or chew.
  (c) 'Child' means an individual less than seven years of age.
  (d) 'Contain' means taking measures to temporarily reduce
exposure or likely exposure to lead-based paint hazards.
  (e) 'Friction surface' means an interior or exterior surface
that has paint that is subject to abrasion or friction.
  (f) 'Impact surface' means an interior or exterior surface that
has paint that is subject to damage from routine, repeated
impacts.
  (g) 'Landlord' has the meaning given that term in ORS 90.100.
  (h) 'Lead-based paint hazard' has the meaning given that term
in ORS 701.505.
  (i) 'Renovation' means an improvement, remodeling,
modification, modernization, replacement or other change to a
dwelling unit that may cause exposure to a lead-based paint
hazard through the demolition or disassembly of all or part of
the dwelling unit.
  (2) After undertaking the renovation of a rental dwelling unit
consisting of a structure or part of a structure, the landlord of
the unit shall have all accessible surfaces, friction surfaces
and impact surfaces of the unit tested for lead-based paint
hazards.
 
  (3) If testing conducted pursuant to subsection (2) of this
section discloses the presence of a lead-based paint hazard, the
landlord shall give notice of the hazard to tenants who are
occupying the dwelling unit on the test date. The landlord shall
give notice of an unabated lead-based paint hazard to tenants who
commence occupancy of the dwelling unit after the test date.
  (4) If a woman who is pregnant or a child is an occupant of the
dwelling unit on the date testing is conducted pursuant to
subsection (2) of this section or if the landlord knows on that
testing date that a woman who is pregnant or a child will be
occupying the unit, the renovation of the unit must include steps
to contain and abate lead-based paint hazards revealed by the
testing.
  (5) Subsection (2) of this section applies only to renovations
of dwelling units that are subject to ORS chapter 90, were
constructed prior to January 1, 1978, and have not previously
undergone lead-based paint hazard abatement.
  (6) The Construction Contractors Board may adopt all rules
necessary and proper for carrying out this section and section 2
of this 2001 Act. In adopting the rules, the board shall consult
with the Health Division. + }
  SECTION 2.  { + (1) For a first violation of section 1 of this
2001 Act, a landlord is subject to a civil penalty imposed by the
Construction Contractors Board not to exceed $500.
  (2) For a second or subsequent violation of section 1 of this
2001 Act, a landlord is guilty of a Class A misdemeanor. + }
  SECTION 3.  { + Section 1 of this 2001 Act applies only to
renovations for which demolition or disassembly of all or part of
the dwelling unit commences on or after the effective date of
this 2001 Act. + }
                         ----------