Text: SSB00146 Text: SSB00148 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 135.104, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. A screening program for children, with emphasis on 1 4 children less thanfivesix years of age. 1 5 Sec. 2. Section 135.105, Code 1995, is amended by adding 1 6 the following new subsection: 1 7 NEW SUBSECTION. 3. Develop rules by January 1, 1996, and 1 8 adopt rules by July 1, 1996, to provide for lead hazard 1 9 inspections and the required mitigation of lead hazards in the 1 10 case of a lead-poisoned child. The department shall consult 1 11 with federal, state, and local governments and agencies in 1 12 developing the rules. The rules shall be consistent with the 1 13 recommendations of the centers for disease control and 1 14 prevention of the United States department of health and human 1 15 services. 1 16 Sec. 3. NEW SECTION. 135.105A LEAD INSPECTOR AND LEAD 1 17 ABATER TRAINING AND CERTIFICATION ESTABLISHED. 1 18 The department shall establish a program for the training 1 19 and certification of lead inspectors and lead abaters. The 1 20 department shall consult with federal, state, and local 1 21 governments and agencies in developing the training and 1 22 certification program. The department shall maintain a 1 23 listing, available to the public and to local health 1 24 departments, of lead inspectors and lead abaters who have 1 25 successfully completed the training program and have been 1 26 certified by the department. The department shall develop 1 27 rules by January 1, 1996, and adopt rules by July 1, 1996, 1 28 regarding training, certification, suspension, and revocation 1 29 requirements and shall establish fees in amounts sufficient to 1 30 defray the costs of the training and certification program. 1 31 The rules shall also prohibit a certified lead inspector from 1 32 also obtaining certification as a lead abater. The programs 1 33 shall be implemented no earlier than July 1, 1996. 1 34 Sec. 4. NEW SECTION. 135.105B DEVELOPMENT OF STANDARDS 1 35 FOR LEAD INSPECTION AND ABATEMENT. 2 1 1. The department shall develop standards by January 1, 2 2 1996, and adopt standards by July 1, 1996, regarding 2 3 inspection for lead-based paint and lead hazards and for 2 4 abatement of lead hazards, including lead-based paint and lead 2 5 hazards found in privately owned homes and rental property. 2 6 The standards shall include but are not limited to definitions 2 7 of "interim controls", "lead abatement", "lead hazard", "lead 2 8 inspection", "lead-based paint", and "lead-poisoned child". 2 9 The department shall consult with federal, state, and local 2 10 governments and agencies in developing the standards. 2 11 2. The methods developed for lead inspections and 2 12 abatement shall include, but are not limited to, the 2 13 following: 2 14 a. Performance of lead inspections that are sufficient to 2 15 detect the presence of lead-based paint and lead hazards. The 2 16 methods shall provide for the use of laboratories, approved by 2 17 the department, for any lead inspection which necessitates the 2 18 use of a laboratory to detect the presence of lead in samples 2 19 of substances from premises. 2 20 b. Techniques approved by the department to abate lead 2 21 hazards, with consideration of reliability, effectiveness, and 2 22 affordability. The standards shall include provisions for the 2 23 protection of personal health and safety, hazard awareness, 2 24 proper cleanup procedures, and other measures necessary to 2 25 protect residents and workers. 2 26 c. Procedures for follow-up inspections and recordkeeping 2 27 to ensure that abatement is completed. 2 28 Sec. 5. NEW SECTION. 135.105C REQUIREMENTS &endash; PROVISIONS 2 29 &endash; PENALTY. 2 30 1. Beginning July 1, 1996, a person shall not do any of 2 31 the following: 2 32 a. Train lead inspectors or lead abaters unless the person 2 33 is trained and certified in accordance with the rules 2 34 established for training and certification by the department 2 35 and unless the training program has been approved by the 3 1 department. 3 2 b. Perform lead abatement work for compensation unless the 3 3 person is certified as a lead abater. A person shall not 3 4 perform lead inspections for compensation unless the person is 3 5 certified as a lead inspector. Certification is not required 3 6 for persons who perform lead abatement work or lead 3 7 inspections without compensation. 3 8 2. If federal funding is received, beginning January 1, 3 9 1997, a person who violates this section is subject to a civil 3 10 penalty not to exceed five thousand dollars for each offense. 3 11 Sec. 6. CONTINGENCY. Implementation of sections 3 through 3 12 5 of this Act is contingent upon the receipt of federal 3 13 funding specifically for the implementation of a program to 3 14 train and certify lead inspectors and lead abaters. 3 15 EXPLANATION 3 16 This bill authorizes the Iowa department of public health 3 17 to develop rules for the inspection and mitigation of lead 3 18 hazards in the case of lead-poisoned children. The department 3 19 is also required to establish a training and certification 3 20 program for lead inspectors and lead abaters contingent upon 3 21 receipt of federal funding. 3 22 Section 1 expands the lead screening program to apply to 3 23 children from less than age five to children less than age 3 24 six. 3 25 Section 2 requires the department to adopt rules by January 3 26 1, 1996, for the inspection and mitigation of lead hazards in 3 27 cases of lead-poisoned children. 3 28 Section 3 creates a lead inspector and abater certification 3 29 program. 3 30 Section 4 requires the department to adopt standards for 3 31 inspection for lead hazards and the abatement of lead hazards 3 32 including lead hazards found in privately owned homes and 3 33 rental property. 3 34 Section 5 prohibits individuals from training lead 3 35 inspectors and abaters, conducting lead inspections for 4 1 compensation, or abating lead hazards for compensation unless 4 2 certified, beginning July 1, 1996. The bill imposes a civil 4 3 penalty of up to $5,000 per violation beginning January 1, 4 4 1997. 4 5 Section 6 specifies that implementation of sections 3 4 6 through 5 of the bill is contingent on the receipt of federal 4 7 funds specifically available to implement these sections. 4 8 LSB 2191SC 76 4 9 pf/jj/8
Text: SSB00146 Text: SSB00148 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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