Portland, ME Building Safety: Lead Paint (2026)
Key Facts
- Governing section
- City Code § 6-115
- Who orders abatement
- Health authority or permitting/inspections director
- State law layered on
- 22 M.R.S.A. § 1314 et seq.
- Related condemnation trigger
- § 6-120(d), lead-based paint substances
- Penalty range
- $100-$10,000/day per § 6-1
- Appeal route
- Superior Court, Rule 80B (§ 6-127)
Summary
Portland's health authority or director of permitting and inspections can order abatement of an environmental lead hazard in any dwelling or premises under City Code § 6-115. The rule expressly supplements Maine's Lead Poisoning Control Act, 22 M.R.S.A. § 1314 et seq., and the state Rules for Abatement of Environmental Lead Hazards, layering a written city abatement order on top of the state framework.
(a) This provision is intended to supplement the Lead Poisoning Control Act (22 M.R.S.A. Sections 1314 et seq.) and the regulations adopted pursuant thereto including, but not limited to, the Rules for Environmental Lead Inspections and the Rules for Abatement of Environmental Lead Hazards. (b) When either the city's health authority, as defined in section 2-17(h), or the city's director of permitting and inspections, as defined in section 2-17(h)(10) of this Code as amended, determines that an environmental lead hazard exists in any dwelling or premises (as those terms are defined in Section 216.03-7 and Section 216.03-31 of the Rules for Abatement of Environmental Lead Hazards), he or she shall issue an order in writing to the owner (as defined in Section 216.03-28 of the Rules for Abatement of Environmental Lead Hazards), describing the environmental lead hazards and establishing a time within which such hazards shall be abated.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Section 6-115 sits in Chapter 6's minimum-housing-standards article, right after the minimum-heating-standard section and before the minimum-safety-standard section, so it operates as one more mandatory condition of occupancy. 03-31 of the state Rules for Abatement of Environmental Lead Hazards, that official must issue a written order to the owner describing the hazard and setting a deadline for abatement. The rule links to two other Chapter 6 provisions: § 6-117 gives the health or building authority the right to enter and inspect a dwelling at any reasonable time to check compliance, and § 6-120(d) lists 'properties which contain lead-based paint substances' among the conditions that can get a property condemned and posted against occupancy if the hazard is severe enough.
An owner who receives an abatement order and fails to correct it faces reinspection under § 6-119, after which the city can escalate to a further order or legal action. An owner disputing a final decision may appeal to Superior Court under Rule 80B of the Maine Rules of Civil Procedure, per § 6-127. This section was last amended in 2016 (Ord. No. 165-15/16, 3-7-2016), building on a base ordinance dating to 1974.
Violations & Fines
Failure to comply with a § 6-115 abatement order is enforced through § 6-130, which makes any owner, occupant or operator who violates the article, allows a violation to continue, or ignores a lawful order guilty of an offense under § 6-1 and 30-A M.R.S. § 4452. Section 6-1 penalties run per day: a minimum $100 and maximum $2,500 per day for a general violation, rising to $500-$5,000 per day once the city has given written notice to correct, and $1,500-$10,000 per day after a second notice.
Frequently Asked Questions
Does Portland, Maine have its own lead paint hazard rule?
Who decides whether a hazard exists under § 6-115?
What happens if an owner ignores the abatement order?
Sources & Official References
Other rules in Portland
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