§ 130A-131.9D. Effect of compliance with maintenance standard.

179 words·~1 min read·/nc/chapter-130a/130a-131-9d

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust, shall not be deemed liable

(i)for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under G.S. 130A-131.7 provided the owner has repeated the steps provided for in the maintenance standard annually for units in which children of less than six years of age have resided or regularly visited within the past year and obtained a certificate of compliance under G.S. 130A-131.9E annually during such occupancy; or

(ii)if the owner is able to show by other documentation that compliance with the maintenance standard has been maintained during the period when the injuries were sustained; or

(iii)if the owner is able to show that the unit was lead-safe housing containing no lead-based paint hazards during the period when the injuries were sustained. (1997-443, s. 15.30(b); 1998-209, s. 4.)