135.105C - RENOVATION, REMODELING, AND REPAINTING -- LEAD HAZARD NOTIFICATION PROCESS ESTABLISHED.
135.105C RENOVATION, REMODELING, AND REPAINTING --
LEAD HAZARD NOTIFICATION PROCESS ESTABLISHED.
1. a. A person who performs renovation, remodeling, or
repainting services for target housing or a child-occupied facility
for compensation shall provide an approved lead hazard information
pamphlet to the owner and occupant of the housing or facility prior
to commencing the services. The department shall adopt rules to
implement the renovation, remodeling, and repainting lead hazard
notification process under this section.
b. The rules shall include but are not limited to an
authorization that the lead hazard notification to parents or
guardians of the children attending a child-occupied facility may be
completed by posting an informational sign and a copy of the approved
lead hazard information pamphlet. The rules shall also address
requirements for notification of parents or guardians of the children
visiting a child-occupied facility when the facility is vacant for an
extended period of time.
2. For the purpose of this section and section 135.105A, unless
the context otherwise requires:
a. (1) "Child-occupied facility" means a building, or
portion of a building, constructed prior to 1978, that is described
by all of the following:
(a) The building is visited on a regular basis by the same child,
who is less than six years of age, on at least two different days
within any week. For purposes of this paragraph "a", a week is a
Sunday through Saturday period.
(b) Each day's visit by the child lasts at least three hours, and
the combined annual visits total at least sixty hours.
(2) A child-occupied facility may include but is not limited to a
child care center, preschool, or kindergarten classroom. A
child-occupied facility also includes common areas that are routinely
used by children who are less than six years of age, such as
restrooms and cafeterias, and the exterior walls and adjoining space
of the building that are immediately adjacent to the child-occupied
facility or the common areas routinely used by children under the age
of six years.
b. "Target housing" means housing constructed prior to 1978
with the exception of housing for the elderly or for persons with
disabilities and housing that does not contain a bedroom, unless at
least one child, under six years of age, resides or is expected to
reside in the housing.
3. A person who violates this section is subject to a civil
penalty not to exceed five thousand dollars for each offense. Section History: Recent Form
97 Acts, ch 159, §6, 24; 2000 Acts, ch 1140, §22; 2001 Acts, ch
58, §4; 2009 Acts, ch 37, §2