House File 2331
HOUSE FILE
BY GREINER and FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to lead abatement and property owner or agent
2 liability.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5158YH 80
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PAG LIN
1 1 Section 1. NEW SECTION. 135.105D TITLE.
1 2 This division may be cited as the "Voluntary Childhood Lead
1 3 Exposure Control Act".
1 4 Sec. 2. NEW SECTION. 135.105E DEFINITIONS.
1 5 For the purposes of this division, unless the context
1 6 otherwise requires:
1 7 1. "Abatement" means identifying or assessing a lead=based
1 8 paint hazard, or undertaking any of the following measures to
1 9 eliminate a lead=based paint hazard:
1 10 a. Removing a lead=based paint from a surface and
1 11 repainting the surface.
1 12 b. Removing a component, such as a windowsill, painted
1 13 with lead=based paint and replacing the component.
1 14 c. Enclosing a surface painted with lead=based paint with
1 15 paneling, vinyl siding, or other approved material.
1 16 d. Encapsulating a surface painted with lead=based paint
1 17 with a sealant.
1 18 e. Any other measure approved by the department.
1 19 "Abatement" includes an inspection and a risk assessment of
1 20 a lead=based paint hazard.
1 21 2. "Confirmed lead poisoning" means a blood lead
1 22 concentration of twenty micrograms per deciliter or greater in
1 23 a child under six years of age, determined by the lower of two
1 24 consecutive blood tests within a six=month period.
1 25 3. "Day care facility" means a structure used as a school,
1 26 nursery, child care center, clinic, treatment center, or other
1 27 facility serving the needs of children under six years of age
1 28 including the grounds, any outbuildings, or other structures
1 29 appurtenant to the facility.
1 30 4. "Department" means the Iowa department of public
1 31 health.
1 32 5. "Dwelling" means a structure, all or part of which is
1 33 designed or used for human habitation, including the common
1 34 areas, the grounds, any outbuildings, or other structures
1 35 appurtenant to the dwelling.
2 1 6. "Lead poisoning hazard" means the presence of readily
2 2 accessible or mouthable lead=bearing substances, measured in
2 3 accordance with federal guidelines.
2 4 7. "Lead=safe housing" means housing that was built on or
2 5 after 1978, or that has been tested by a person who has been
2 6 certified by the department to perform such testing, and
2 7 either found to have no lead=based paint hazards within the
2 8 meaning of the federal Residential Lead=Based Paint Hazard
2 9 Reduction Act of 1992, 42 U.S.C. } 4851=4855, and amendments
2 10 thereto, or found to meet the requirements of the maintenance
2 11 standard.
2 12 8. "Maintenance standard" means any of the following:
2 13 a. Repairing and repainting areas of deteriorated paint
2 14 inside a dwelling.
2 15 b. Cleaning the interior of the dwelling to remove dust
2 16 that constitutes a lead poisoning hazard.
2 17 c. Adjusting doors and windows in the dwelling to minimize
2 18 friction or impact on surfaces.
2 19 d. Providing the occupant of a dwelling with all
2 20 information required pursuant to the federal Residential Lead=
2 21 Based Paint Hazard Reduction Act of 1992, 42 U.S.C. } 4851=
2 22 4855, and amendments thereto.
2 23 9. "Managing agent" means a person who has charge, care,
2 24 or control of a building or part thereof, in which a dwelling
2 25 or day care facility is located.
2 26 10. "Mouthable lead=bearing substance" means any substance
2 27 on surfaces or fixtures five feet or less from the floor or
2 28 ground that form a protruding corner or similar edge, or
2 29 protrude one=half inch or more from a flat wall surface, or
2 30 are freestanding, containing lead=contaminated dust at a level
2 31 that constitutes a residential lead poisoning hazard.
2 32 Mouthable surfaces or fixtures include doors, door jams,
2 33 stairs, stair rails, windows, windowsills, and baseboards.
2 34 11. "Regularly visits" means presence at a dwelling or day
2 35 care facility where a child with a persistent elevated blood
3 1 level or a confirmed lead poisoning regularly visits or
3 2 attends.
3 3 12. "Supplemental address" means a dwelling or day care
3 4 facility where a child resided, regularly visited, or attended
3 5 within the six months immediately preceding the determination
3 6 of a persistent elevated blood level or a confirmed lead
3 7 poisoning.
3 8 Sec. 3. NEW SECTION. 135.105F NOTIFICATION.
3 9 Upon determination that a lead poisoning hazard exists, the
3 10 department shall give written notice of the lead poisoning
3 11 hazard to the owner or managing agent of the dwelling or day
3 12 care facility containing the lead poisoning hazard, and the
3 13 department shall require abatement of the lead poisoning
3 14 hazard. The department shall also require the abatement of a
3 15 lead poisoning hazard identified at a supplemental address of
3 16 a child under six years of age with a confirmed lead
3 17 poisoning.
3 18 Sec. 4. NEW SECTION. 135.105G ABATEMENT.
3 19 1. Upon determination that a child under six years of age
3 20 has a confirmed lead poisoning and that a child resides in,
3 21 attends, or regularly visits a dwelling or day care facility
3 22 containing a lead poisoning hazard, the department shall
3 23 require abatement of the lead poisoning hazard. The
3 24 department shall also require abatement of a lead poisoning
3 25 hazard identified at a supplemental address of a child under
3 26 six years of age with a confirmed lead poisoning.
3 27 2. If abatement is required pursuant to subsection 1, the
3 28 owner or managing agent shall, within ninety days, reduce the
3 29 lead poisoning hazard to below all of the following levels, as
3 30 approved by the department:
3 31 a. Floor dust levels shall be less than fifty micrograms
3 32 per square foot.
3 33 b. Windowsill dust levels shall be less than two hundred
3 34 fifty micrograms per square foot.
3 35 c. Soil lead levels shall be less than two thousand parts
4 1 per million, or such other levels higher than two thousand
4 2 parts per million as determined by the department to prevent a
4 3 lead poisoning hazard upon consideration of the condition and
4 4 use of the land, and other relevant factors.
4 5 3. The owner or managing agent shall notify the department
4 6 and the occupants of the dates of abatement activities at
4 7 least three days prior to the commencement of the abatement
4 8 activities.
4 9 4. The owner or managing agent may apply to the department
4 10 for an extension of the abatement deadline. The department
4 11 may issue an order extending the deadline for thirty days upon
4 12 proper written application by the owner or managing agent.
4 13 5. All lead=containing waste and residue of the abatement
4 14 shall be removed and disposed of by the person performing the
4 15 abatement in accordance with applicable federal laws and
4 16 rules.
4 17 6. The department shall verify by visual inspection that
4 18 abatement has been completed. The department may also verify
4 19 abatement completion by residual lead dust monitoring.
4 20 Compliance with the maintenance standard shall be deemed
4 21 equivalent to meeting abatement requirements if exterior
4 22 surfaces of the dwelling or day care facility are also abated
4 23 or modified to meet the maintenance standard.
4 24 7. Removal of children from a dwelling or day care
4 25 facility does not constitute abatement if the property
4 26 continues to be used for a dwelling or day care facility.
4 27 Sec. 5. NEW SECTION. 135.105H EFFECT OF COMPLIANCE WITH
4 28 MAINTENANCE STANDARD.
4 29 1. An owner or managing agent of a dwelling or day care
4 30 facility constructed prior to 1978 who is sued by a current or
4 31 former occupant seeking damages for injuries allegedly arising
4 32 from exposure to lead=based paint or lead=contaminated dust
4 33 shall not be deemed liable for such injuries under either of
4 34 the following circumstances:
4 35 a. After the owner or managing agent first complied with
5 1 the maintenance standard, the owner or managing agent has
5 2 performed the maintenance standard biannually and has obtained
5 3 a certificate of compliance pursuant to section 135.105I
5 4 during such occupancy.
5 5 b. Upon proof by the owner or managing agent that the unit
5 6 was lead=safe housing and did not contain lead=based paint
5 7 hazards during the period when the injuries were allegedly
5 8 sustained.
5 9 Sec. 6. NEW SECTION. 135.105I CERTIFICATE OF COMPLIANCE.
5 10 The owner or managing agent of a dwelling or day care
5 11 facility who has complied with the maintenance standard may
5 12 apply biannually to the applicable local board of health for a
5 13 certificate evidencing proof of such compliance. The local
5 14 board of health shall charge a fee, which shall be set by the
5 15 board, for issuance of the certificate. The owner or managing
5 16 agent shall be entitled to the liability relief provided for
5 17 pursuant to section 135.105H upon obtaining such a
5 18 certificate.
5 19 Sec. 7. Section 137.6, Code Supplement 2003, is amended by
5 20 adding the following new subsection:
5 21 NEW SUBSECTION. 6. Issue certificates of compliance to
5 22 the owner or managing agent of a dwelling or day care facility
5 23 pursuant to section 135.105I.
5 24 EXPLANATION
5 25 This bill relates to lead abatement and property owner or
5 26 agent liability.
5 27 The bill provides that the Iowa department of public
5 28 health, upon determining that a lead poisoning hazard exists,
5 29 shall give written notice of the lead poisoning hazard to the
5 30 owner or managing agent of a dwelling, dwelling unit, school,
5 31 or day care facility containing the lead poisoning hazard and
5 32 the department shall require abatement of such lead poisoning
5 33 hazard. The department shall additionally require the
5 34 abatement of the lead poisoning hazard identified at a
5 35 supplemental address of a child under six years of age with a
6 1 confirmed lead poisoning of 20 micrograms per deciliter or
6 2 greater.
6 3 The bill provides that if abatement is required, the owner
6 4 or managing agent shall, within 90 days, reduce the lead
6 5 poisoning hazard to below certain specified levels and
6 6 requires the owner or managing agent to notify the department
6 7 and the occupants of the dates of abatement activities at
6 8 least three days prior to the commencement of the abatement
6 9 activities. The bill provides that the owner or managing
6 10 agent may apply for an extension of time of the abatement
6 11 deadline.
6 12 The bill provides that all lead=containing waste and
6 13 residue of the lead abatement shall be removed and disposed of
6 14 by the person performing the abatement in accordance with
6 15 applicable federal laws and rules. In addition, the
6 16 department shall verify by visual inspection that abatement
6 17 has been completed, and may verify such by residual lead dust
6 18 monitoring.
6 19 The bill provides protection from liability for an owner or
6 20 managing agent of a dwelling or day care facility constructed
6 21 prior to 1978 who is sued by a current or former occupant
6 22 seeking damages for injuries allegedly arising from exposure
6 23 to lead=based paint or lead=contaminated dust if the owner or
6 24 managing agent had first complied with the maintenance
6 25 standard specified in the bill, and the owner or managing
6 26 agent obtained a certificate of compliance during such
6 27 occupancy, or upon proof by the owner or managing agent that
6 28 the dwelling or day care facility was lead=safe housing and
6 29 did not contain lead=based paint during the period when the
6 30 injuries were allegedly sustained.
6 31 The bill provides that an owner or managing agent of a
6 32 dwelling or day care facility who has complied with the
6 33 maintenance standard may apply biannually to the applicable
6 34 local board of health for a certificate evidencing proof of
6 35 such compliance. The bill provides the local board of health
7 1 shall charge a fee to be determined by the board for issuance
7 2 of the certificate.
7 3 The bill provides certain definitions.
7 4 LSB 5158YH 80
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