Section 27-2056.5. Presumption

a. In any multiple dwelling erected prior to
  January 1, 1960, it shall be presumed that the paint  or  other  similar
  surface-coating   material  in  any  dwelling  unit  where  a  child  of
  applicable age resides or in the common areas is lead-based  paint.  The
  presumption  established by this section may be rebutted by the owner of
  the dwelling or dwelling unit by submitting to the  department  a  sworn
  written  statement by the owner supported by lead-based paint testing or
  sampling results, a sworn written statement by the person who  performed
  the  testing if performed by an employee or agent of the owner, and such
  other proof as the department may require. Testing  performed  to  rebut
  the presumption may only be performed by a person who has been certified
  as  an inspector or risk assessor in accordance with subparts L and Q of
  part 745 of title 40 of the code of federal regulations or any successor
  regulations. The determination as to whether such proof is  adequate  to
  rebut  the  presumption established by this section shall be made by the
  department.
    b. The owner of a dwelling  or  a  dwelling  unit  may  apply  to  the
  department  to  have  such  dwelling  or dwelling unit exempted from the
  presumption contained in subdivision a of this section when  either  (i)
  an  inspection  for  lead-based paint in such dwelling or dwelling unit,
  performed in accordance with section 745.227 of title 40 of the code  of
  federal  regulations,  or  any successor regulation, has determined that
  there is no lead-based paint present in such dwelling or dwelling  unit,
  or  (ii)  substantial  alterations  have  been  made to such dwelling or
  dwelling unit and such alterations  have  resulted  in  the  removal  or
  permanent  covering of all lead-based paint in that dwelling or dwelling
  unit. The department shall by rule determine the requirements needed  to
  qualify  for  such  an  exemption.  Sections  27-2056.4,  27-2056.8  and
  27-2056.9 of this article shall not apply to any  dwelling  or  dwelling
  unit that has been granted an exemption by the department.