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

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

Any owner of a residentialhousing unit constructed prior to 1978 who is sued by a current or formeroccupant seeking damages for injuries allegedly arising from exposure to lead‑basedpaint or lead‑contaminated dust, shall not be deemed liable (i) for anyinjuries sustained by that occupant after the owner first complied with themaintenance standard defined under G.S. 130A‑131.7 provided the owner hasrepeated the steps provided for in the maintenance standard annually for unitsin which children of less than six years of age have resided or regularlyvisited within the past year and obtained a certificate of compliance underG.S. 130A‑131.9E annually during such occupancy; or (ii) if the owner isable to show by other documentation that compliance with the maintenancestandard has been maintained during the period when the injuries weresustained; or (iii) if the owner is able to show that the unit was lead‑safehousing containing no lead‑based paint hazards during the period when theinjuries were sustained. (1997‑443, s. 15.30(b); 1998‑209, s. 4.)

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