Me. Rev. Stat. tit. 22, §§ 1315–1331 (housing) § 1321

Notice and removal

In Force
Verified 10/21/2026 · Next check 10/28/2026
effective 10/21/2026MaineLead-Based Paint

Operative Text

Me. Rev. Stat. tit. 22, §§ 1315–1331 (housing) § 1321
If the department determines that an environmental lead hazard exists in or on any dwelling, premises, residential child-occupied facility, child care facility, premises of a family child care provider or nursery school:




1.
Notice posted.
The department shall post in or upon the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school, in a conspicuous place or places, notice of the existence of environmental lead hazard. Notice may not be removed until the department states that the property owner has complied with the order issued pursuant to subsection 3 that the lead‑based substances be removed, replaced or securely and permanently covered;






2.
Notice to persons.
The department shall give notice of the existence of the environmental lead hazard to all occupants;






3.
Notice to owner; removal.
The department shall give notice of the existence of the environmental lead hazard to the owner and order that the lead-based substances be removed, replaced or securely and permanently covered within 30 days of receipt of the notice. If the lead-based substances can not be removed, replaced or securely and permanently covered within 30 days, the department may grant an extension of reasonable time. All lead-based paint activities must be performed in accordance with rules adopted by the Department of Environmental Protection pursuant to Title 38, chapter 12‑B . In the case of an owner-occupied, single-family residence, the department may provide technical assistance and guidance in lieu of enforcement activity at the department's discretion;






3-A.
Notice to owner; interim controls.
The department may order the owner to implement lead exposure reduction actions or interim controls as determined by the department with reasonable notice until the owner is able to remove, replace or securely and permanently cover lead-based substances. In order to determine the effectiveness of the actions taken or interim controls, the department may inspect the dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school;






4.
Sale of dwelling, residential facility, child-occupied facility or nursery school.
If, before the end of the 30-day period or extension, the owner sells the dwelling, premises, child care facility, premises of the family child care provider, residential child-occupied facility or nursery school, the owner shall notify the prospective buyer of the environmental lead hazard and the new owner must assume the responsibility of carrying out the requirements of this section within the specified time period; and






5.
Abatement procedures.






6.
Lead-based paint activities prohibition.






7.
Notice filed in registry of deeds.
The department shall file in the registry of deeds in the county in which the property is located a notice of an order issued pursuant to subsection 3 that the lead‑based substances be removed, replaced or securely and permanently covered. When the department determines that the property owner has complied with the order, the department shall file a notice in the registry of deeds in the county in which the property is located stating that the property owner has complied with the order. A notice filed pursuant to this subsection must contain:



A.
The name of the property owner;



B.
The book and page in the registry of the property owner's deed; and



C.
A notarized signature of the person from the department filing the notice.


A notice stating that the property owner has complied with the order must also contain the book and page of the original order. The department shall adopt rules to implement this subsection, including, but not limited to, rules establishing the form of the notice to be filed in the registry of deeds. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A .
Source: Legislative text reproduced verbatim
Plain English

Maine law under 22 M.R.S. § 1321 establishes a multi-step response process when the state department identifies an environmental lead hazard in a dwelling, child care facility, or similar residential setting. The department is required to post visible notices on the property, notify all occupants and the owner, and order that lead-based substances be removed, replaced, or permanently covered within 30 days—with possible extensions for good cause. The order and its eventual resolution must also be recorded in the county registry of deeds, creating a public record of both the hazard and any confirmed compliance.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under 22 M.R.S. § 1321, property owners who receive a departmental lead-hazard order are generally expected to remediate—through removal, replacement, or secure permanent covering—within 30 days, or to request a reasonable extension if that timeline is not feasible. All lead-based paint activities must follow rules set by the Department of Environmental Protection under Title 38, chapter 12-B. Owners who sell the property before the deadline must disclose the hazard to prospective buyers and ensure the new owner formally assumes responsibility for completing the required work within the original timeframe; the department also files compliance records in the county registry of deeds, so the status of any order becomes part of the property's public title history.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 1321 of Title 22 of Maine Revised Statutes gives occupants the right to receive direct notice from the department whenever an environmental lead hazard is identified in their dwelling or facility. The conspicuous posted notice required by § 1321(1) must remain in place until the department confirms the owner has complied with the remediation order, providing occupants with an ongoing visible indicator of unresolved hazard status. Tenants who believe a lead hazard exists or that a posted notice has been improperly removed may contact the Maine Department of Health and Human Services or consult a tenant-rights organization to understand the complaint and inspection processes available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Expression #1
Oct 21, 2026
Current
Oct 21, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Me. Rev. Stat. tit. 38, ch. 12
Not yet ingested
Me. Rev. Stat. tit. 5, ch. 375
Not yet ingested

References In

Rules and statutes that cite this regulation

Me. Rev. Stat. tit. 22, ch. 252
Me. Rev. Stat. § 1321
Me. Rev. Stat. § 1321
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1321
Me. Rev. Stat. tit. 22, ch. 252
Me. Rev. Stat. § 1321
Me. Rev. Stat. § 1321
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1320
Me. Rev. Stat. tit. 22, § 1321

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

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