R.I. Gen. Laws ch. 42-128.1 § 42-128.1-5
Department of health — Powers and duties with respect to lead hazard mitigation
Operative Text
(a) General powers and duties. The department of health shall implement and put into full force and effect the powers, duties, and responsibilities assigned to it by this chapter, and shall serve as the lead state agency for lead hazard mitigation, planning, education, technical assistance, and coordination of state projects and state financial assistance to property owners for lead hazard mitigation. (b) Regulatory guidelines. In developing and promulgating rules and regulations as provided for in this chapter, the department of health shall consider, among other things: (1) The effect on efforts to reduce the incidence of lead poisoning; (2) The ease and cost of implementation; (3) The impact on the ability to conduct real estate transactions fairly and expeditiously; (4) Consistency with federal standards, such that the differences between basic federal standards and Rhode Island standards for lead hazard mitigation are, to the extent practicable, minimized; and (5) The direction of effort to locations and housing types, which due to age, condition, and prior history of lead poisoning are more likely to be the location of lead poisoning. Said regulations shall include a definition of "turnover" of a dwelling unit and a means for tenants to voluntarily notify property owners of the legal tenancy of an "at-risk" occupant. (c) Comprehensive strategic plan. In order to establish clear goals for increasing the availability of housing in which lead hazards have been mitigated, to provide performance measures by which to assess progress toward achieving the purposes of this chapter, and to facilitate coordination among state agencies and political subdivisions with responsibilities for housing and housing quality for lead poisoning reduction and for the availability of insurance coverage described in this chapter, the housing resources commission shall adopt by April 1, 2003, a four-year (4), comprehensive strategic plan for reducing the incidence of childhood lead poisoning, for increasing the supply of lead-safe housing, and for assuring that pre-1978 in rental housing throughout the state lead hazards have been mitigated. Effective July 1, 2025, the department of health will assume responsibility for the comprehensive strategic plan. (1) Plan elements. The plan as a minimum shall include elements pertaining to: (i) Educating people with regard to lead hazards and how they can be avoided, mitigated, and/or abated; (ii) Programs to assist low- and moderate-income owners of property to eliminate lead hazards and to achieve lead-safe conditions; (iii) Coordination of the enforcement of laws pertaining to lead hazard control, mitigation, and abatement including the Lead Poisoning Prevention Act, chapter 24.6 of title 23, and minimum housing codes and standards; (iv) Coordination of efforts with local governments and other agencies to improve housing conditions; (v) Financing lead abatement efforts in Rhode Island, including, but not limited to, assistance to low- and moderate-income property owners, education and outreach, and enforcement by state and local officials; and (vi) An assessment of the availability of insurance for lead hazard liability, which shall be designed and implemented in cooperation with the department of business regulation. (2) Implementation program. The comprehensive strategic plan shall include an implementation program, which shall include performance measurers and a program of specific activities that are proposed to be undertaken to accomplish the purposes of this chapter and to achieve goals and elements set forth by the plan. The implementation program shall be updated annually according to a schedule set forth in the plan. (3) Reporting. The department of health shall report annually to the governor and the general assembly, no later than March of each year, on the progress made in achieving the goals and objectives set forth in the plan, which report may be integrated with or issued in conjunction with the report of the council on environmental lead submitted pursuant to § 23-24.6-6.
Rhode Island General Laws § 42-128.1-5 establishes the Department of Health as the state's lead agency for lead hazard mitigation, giving it broad authority to develop regulations, coordinate programs, and oversee a comprehensive strategic plan aimed at reducing childhood lead poisoning and increasing the supply of lead-safe housing. The law directs the department to weigh factors such as public health impact, cost of compliance, and alignment with federal standards when crafting its rules. Beginning July 1, 2025, the Department of Health assumes full responsibility for the strategic plan, which must be updated annually and reported to the governor and general assembly each March.
Plain English — not legal advice.
Under § 42-128.1-5, the Rhode Island Department of Health is the primary state body that sets and enforces lead hazard mitigation rules for rental housing, particularly pre-1978 properties. Operators who stay current with the department's published regulations—including any definitions of 'turnover' and requirements triggered when an 'at-risk' occupant is present—are generally positioned to meet their compliance obligations. Property owners seeking financial or technical assistance for lead hazard mitigation can look to the programs coordinated under this chapter, including those aimed at low- and moderate-income owners.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 42-128.1-5 gives tenants a specific role in the lead hazard framework: the regulations developed under this provision must include a mechanism by which tenants can voluntarily notify their property owner that an 'at-risk' occupant—such as a young child—lives in the unit. Tenants in pre-1978 rental housing who have concerns about lead hazards may look to the Rhode Island Department of Health, which serves as the lead state agency under this chapter, for education, technical assistance, and information about enforcement programs. Tenant-rights organizations and local housing agencies can also help residents understand what protections and remediation resources may be available under the broader framework established by this chapter.
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 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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