Landlord Must Send Notice of Lead Paint Abatement Before Starting Work

DEP issued a violation notice to landlord for not notifying the agency before starting a lead paint abatement project on the first floor of his building. The ALJ ruled for landlord and dismissed the violation because it accepted landlord's claim that it didn't get the required notice form to use from DEP. DEP appealed, claiming that no particular notice ``form'' was needed. DEP also argued that the health and safety requirements involved were so serious that landlord's ignorance was no excuse. ECB ruled for DEP and imposed a $450 fine. Even if landlord hadn't gotten the form from DEP, he'd gotten an order to abate the lead paint condition. That order clearly advised landlord that he must follow health code procedures. Landlord had a duty to read the health code and know the notice requirements.

Codio: ECB App. No. 26152 (6/26/96) [4-page document]