House File 725 - Introduced



                                       HOUSE FILE       
                                       BY  FORD


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring that certain residential dwellings be tested for
  2    lead=based paint and providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2776HH 82
  5 eg/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  135.105E  LEAD PAINT TESTING ==
  1  2 PENALTY.
  1  3    1.  A person who owns or manages a residential dwelling
  1  4 which is target housing as defined in section 135.105C shall
  1  5 have a lead paint test performed on the dwelling or each
  1  6 dwelling unit to determine whether the dwelling or dwelling
  1  7 unit contains lead=based paint.
  1  8    2.  A lead inspector certified under section 135.105A shall
  1  9 perform the lead paint test and report the results of such
  1 10 test to each of the following:
  1 11    a.  The department.
  1 12    b.  The owner or manager of the residential dwelling.
  1 13    c.  The tenant or occupant of the residential dwelling.
  1 14    3.  The department shall make results of lead paint tests
  1 15 conducted pursuant to this section available to the public.
  1 16 The department shall adopt rules to implement the lead paint
  1 17 testing program.
  1 18    4.  A person who violates this section is subject to a
  1 19 civil penalty not to exceed five thousand dollars for each
  1 20 offense.
  1 21                           EXPLANATION
  1 22    This bill requires that a person who owns or manages a
  1 23 residential dwelling which meets the definition of target
  1 24 housing to have a lead paint test performed on the dwelling or
  1 25 each dwelling unit to determine whether the dwelling or
  1 26 dwelling unit contains lead=based paint.  "Target housing" is
  1 27 defined under Code section 135.105C to mean housing
  1 28 constructed prior to 1978, with the exception of housing for
  1 29 the elderly or for persons with disabilities and housing that
  1 30 does not contain a bedroom, unless at least one child under
  1 31 six years of age resides or is expected to reside in the
  1 32 housing.
  1 33    The bill provides that a lead inspector certified under
  1 34 Code section 135.105A shall perform the lead paint test and
  1 35 report the results of such test to each of the following:
  2  1    1.  The department of public health.
  2  2    2.  The owner or manager of the dwelling.
  2  3    3.  The tenant or occupant of the dwelling.
  2  4    The bill requires that the department make lead paint test
  2  5 results available to the public.  The department must also
  2  6 adopt rules to implement the lead paint testing program.
  2  7    The bill provides that a person who violates the bill is
  2  8 subject to a civil penalty not to exceed $5,000 for each
  2  9 offense.
  2 10 LSB 2776HH 82
  2 11 eg:nh/je/5