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5403. Certification of rental units as lead free or lead safe: large property owners [For implementation of this section, see 85 Del. Laws, c. 98, § 5(2)].
(a) Starting after [the implementation date under 85 Del. Laws, c. 98, § 5(2)], a large property owner must obtain certification from a lead inspector that each of the owner’s rental units constructed before January 1, 1978, is “lead free” or “lead safe.” The certificate must be obtained and filed with the Department prior to the commencement of a rental agreement with a new tenant, but no more than 4 years after the [implementation date under 85 Del. Laws, c. 98, § 5(2)].
(b) The certificate required by subsection (a) of this section must include all of the following information:
(1) The name and address of the landlord and any property manager.
(2) The address of the rental unit.
(3) The name of the lead inspector issuing the certificate.
(4) The date the certificate was issued.
(5) The date of the inspection of the rental unit and premises.
(6) Whether the rental unit and premises are certified as lead free or lead safe.
(c) The failure to obtain and file a certificate prior to the required date is a violation of this section. The Department may assess a civil penalty as follows:
(1) For the first 30 days of noncompliance, a civil penalty of up to $500 per day per rental unit until the certificate is filed.
(2) After the first 30 days, a civil penalty of up to $750 per day per rental unit until the certificate is filed.
(3) After 60 days of noncompliance, a civil penalty of up to $1000 per day per rental unit until the certificate is filed.