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25 Del. C. § 5403

Citation
25 Del. C. § 5403
Jurisdiction
Delaware (state)
Source
Official source

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Full Text

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(d) (1) No civil penalty may be imposed if a certificate deferment is issued by the Department prior to the date on which certification is required. A certificate deferment may only be issued upon a showing, in good faith, that any of the following circumstances exist:

a. No lead inspectors approved by the Department are available to provide an inspection of the rental unit prior to the certification deadline. The landlord must show evidence that the landlord contacted at least 3 lead inspectors to schedule an inspection before the certification deadline.

b. The landlord shows that it is a significant economic burden for the landlord to comply with the statutory deadline required under subsection (a) of this section. Good faith includes evidence that the landlord has applied to the lead-based paint hazard control grant and loan program for assistance under § 5408 of this chapter. If there are no funds in the lead-based paint hazard control grant and loan program and compliance with this chapter is a significant economic burden, the landlord must receive a deferment.

c. No contractors certified to perform lead-abatement or remediation work are available to complete any required lead abatement or remediation work prior to the certification deadline. The landlord must provide evidence to the Department that the landlord contacted at least 3 certified contractors before the certification deadline.

(2) The length of the certificate deferment may not exceed 6 months and shall be limited to the period of time required for the applicant to have an inspection conducted or the abatement or remediation work completed.