860 R.I. Code R. 00-00-2 § 860-RICR-00-00-2 § 2.9
Variances
Operative Text
A. A variance may be granted to an Owner where there exists a hardship to financing Lead Safe Compliance, or where weather, materials, or personnel delay completion of the work. B. A request for a variance must be submitted in writing, on a form approved by HRC. C. For the purposes of this Part, an interior Certificate of Conformance issued between November 1 and March 31, when the weather prevents correcting exterior lead hazards, is considered an automatic weather variance which will expire the following June 30. 1. On or before June 30, a Licensed Lead Inspector shall conduct an exterior re-inspection to issue a full Certificate of Conformance if the exterior inspection passes. The full Certificate of Conformance will expire two (2) years from the date that the interior inspection, including dust wipe sampling, passed. Both the interior and exterior independent clearance inspection forms and signed variance request must be included in the final Mitigation Report. 2. After June 30, a Licensed Lead Inspector shall conduct a full independent clearance inspection (i.e. interior, including dust wipe sampling, and exterior) to issue a full Certificate of Conformance if the inspection passes. The new Certificate of Conformance will expire two (2) years from the date of the last inspection and dust wipe sampling. D. HRC may declare any variance granted pursuant to this Section immediately null and void if the HRC determines that the terms of the variance have been violated.
Section 2.9 of 860 RICR 00-00-2 establishes a variance process that allows property owners to seek temporary relief from Lead Safe Compliance deadlines when facing financial hardship or delays caused by weather, materials, or personnel shortages. A special automatic weather variance applies when an interior Certificate of Conformance is issued between November 1 and March 31, recognizing that exterior lead hazard work cannot always be completed in winter conditions. This automatic variance expires on June 30 of the following year, at which point a full exterior inspection must be completed to obtain a complete Certificate of Conformance. The Housing Resources Commission (HRC) retains authority to void any variance if its terms are violated.
Plain English — not legal advice.
Under 860 RICR 00-00-2 § 2.9, compliant operators who anticipate difficulty meeting Lead Safe Compliance deadlines due to financing hardship or delays submit a written variance request on an HRC-approved form before the deadline passes. When an interior Certificate of Conformance is obtained between November 1 and March 31, operators are aware that an automatic weather variance is in effect and that a Licensed Lead Inspector must complete an exterior re-inspection on or before June 30 to achieve full certification. Operators track variance expiration dates carefully, ensure all required inspection forms and signed variance requests are included in the final Mitigation Report, and avoid any actions that could cause HRC to declare the variance null and void.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2.9 of 860 RICR 00-00-2 governs the conditions under which a property owner may receive extra time to complete lead hazard remediation work, meaning a variance does not eliminate the owner's obligation to achieve full Lead Safe Compliance. Tenants living in a unit where a variance has been granted can inquire with the HRC about the status and expiration date of any variance, as well as whether the required inspections and Mitigation Report have been properly filed. Tenant-rights organizations and legal aid resources can help tenants understand what a variance means for their household's protections and what options exist if an owner fails to meet the terms of a granted variance.
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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