HB 1451 2003
1	A bill to be entitled
2	An act relating to the Lead Poisoning Prevention Act;
3	providing a popular name; creating the "Lead Poisoning
4	Prevention Act"; providing purposes of the act; providing
5	for a Director of Lead Poisoning Prevention; providing
6	duties and responsibilities of the director; providing for
7	a Lead Poisoning Prevention Coordinating Council;
8	providing membership of the council; providing for the
9	creation of a program for prevention of lead poisoning;
10	providing for a Lead Poisoning Prevention Commission;
11	providing for membership and duties of the commission;
12	providing requirements for "lead-free" and "lead-safe"
13	property status; providing time period for compliance;
14	providing for inspection of affected properties; providing
15	for expedited and emergency inspections; providing for
16	inspection reports; providing for accreditation of persons
17	performing lead hazard reduction activities; providing for
18	accreditation of persons performing inspections; providing
19	for duration of certification; providing registration fees
20	for persons performing lead hazard abatement and persons
21	performing inspections; providing for deposit of fees;
22	providing for enforcement of the act; providing for
23	registration of affected properties; providing for
24	contents and renewal of registration; providing
25	registration fees; providing for deposit of fees;
26	providing requirements for immunity from civil liability
27	for injuries or damages resulting from the ingestion of
28	lead; providing exceptions to immunity; providing for
29	documentation and notification of injury; defining
30	"qualified offer"; providing procedure and requirements
31	with respect to a qualified offer; providing for
32	attorney's fees; providing for maximum amounts payable
33	under a qualified offer; providing for certification of
34	compliance with respect to a qualified offer; providing
35	for offers of compormise; providing for rules; providing
36	for presumption of negligence in actions against property
37	owners not in compliance; providing requirements with
38	respect to liability coverage for losses or damage caused
39	by exposure to lead-based paint offered by insurers in the
40	state; providing requirements of the Department of
41	Financial Services; requiring specified lead hazard
42	coverage; providing standards for determination of rates
43	for lead hazard coverage; creating the lead-safe or lead-
44	free property revolving loan fund account within the State
45	Housing Trust Fund; providing for the sale of bonds;
46	providing for administration and disbursement of funds;
47	providing for loans through intermediaries; providing for
48	reinvestment and repayment of funds; providing for
49	enforcement of criminal violations; providing for civil
50	remedies; providing for reporting of enforcement actions;
51	providing for receivership of properties not meeting
52	certain standards; providing for injunctive relief;
53	providing for notice of intent to seek injunctive relief;
54	providing for recovery of costs and attorneys fees;
55	defining "retaliatory eviction"; prohibiting retaliatory
56	evictions; providing for the establishment of a
57	comprehensive educational program; providing for a public
58	information initiative; providing for distibution of
59	specified literature; providing for lead-safe housing
60	seminars; providing for the adoption of rules and the
61	distribution of information regarding insurance
62	requirements; providing requirements of the Department of
63	Business and Professional Regulation with respect to
64	education and licensure requirements for real estate
65	brokers and salespersons; requiring the establishment of a
66	program for early identification of persons at risk of
67	elevated levels of lead in the blood; providing for
68	screening of children; providing for screening priorities;
69	providing for the maintenance of records of screenings;
70	providing for reportinng of cases of lead poisoning;
71	providing definitions; providing an effective date.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1. Popular name.--This act shall be known by the
76	popular name, the “Lead Poisoning Prevention Act.”
77	Section 2. Legislative findings.--
78	(1) Nearly one million American children may have levels
79	of lead in their blood in excess of 10 micrograms per deciliter
80	((g/dL). Unless prevented or treated, elevated blood lead levels
81	in egregious cases may result in impairment of the ability to
82	think, concentrate, and learn.
83	(2) A significant cause of lead poisoning in children is
84	the ingestion of lead particles from deteriorating or abraded
85	lead-based paint from older, poorly maintained residences.
86	(3) The health and development of these children and many
87	others are endangered by chipping or peeling lead-based paint or
88	excessive amounts of lead-contaminated dust in poorly maintained
89	homes.
90	(4) Ninety percent of lead-based paint still remaining in
91	occupied housing exists in units built before 1960, with the
92	remainder in units built before 1978.
93	(5) The dangers posed by lead-based paint can be
94	substantially reduced and largely eliminated by taking measures
95	to prevent paint deterioration and limiting children’s exposure
96	to paint chips and lead dust.
97	(6) The deterioration of lead-based paint in older
98	residences results in increased expenses each year for the State
99	in the form of special education and other education expenses,
100	medical care for lead-poisoned children, and expenditures for
101	delinquent youth and others needing special supervision.
102	(7) Older housing units remain an important part of the
103	makeup of the state’s housing, particularly for those of modest
104	or limited incomes.
105	(8) The existing system of enforcing housing codes has
106	proven ineffective in inducing widespread lead-based paint
107	hazard abatement, mitigation, and control.
108	(9) The financial incentives currently in place have not
109	proven sufficient to motivate landlords and other property
110	owners to undertake widespread and effective lead-based paint
111	hazard abatement, mitigation, and control.
112	(10) Knowledge of lead-based paint hazards, their control,
113	mitigation, abatement, and risk avoidance is not sufficiently
114	widespread, especially outside urban areas.
115	Section 3. Purposes.--To promote the elimination of
116	childhood lead poisoning in the state, the purposes of this act
117	are:
118	(1) To substantially reduce, and eventually eliminate, the
119	incidence of childhood lead poisoning in the state;
120	(2) To increase the supply of affordable rental housing in
121	the state in which measures have been taken to reduce
122	substantially the risk of childhood lead poisoning;
123	(3) To make enforcement of lead hazard control standards
124	in the state more certain and more effective;
125	(4) To improve public awareness of lead safety issues and
126	to educate both property owners and tenants about practices that
127	can reduce the incidence of lead poisoning;
128	(5) To assure the availability and affordability of
129	liability insurance protection to those landlords and other
130	owners who undertake specified lead hazard reduction measures;
131	(6) To mandate the testing of children likely to suffer
132	the consequences of lead poisoning so that prompt diagnosis and
133	treatment as well as the prevention of harm are possible;
134	(7) To provide a mechanism to facilitate prompt payment of
135	medical and rehabilitation expenses and relocation costs for
136	those remaining individuals who are affected by childhood lead
137	poisoning; and
138	(8) To define the scope of authority of state agencies and
139	departments for lead hazard control, mitigation, education, and
140	insurance availability, and to provide for the coordination of
141	these efforts.
142	Section 4. Director of Lead Poisoning Prevention; Lead
143	Poisoning Prevention Coordinating Council; Program for
144	Prevention of Lead Poisoning; Lead Poisoning Prevention
145	Commission.--
146	(1) The Governor shall appoint a Director of Lead Poisoning
147	Prevention who shall serve at the pleasure of the Governor. The
148	director shall be responsible, subject to the authority of the
149	Governor, for carrying out and administering all programs
150	created pursuant to the provisions of this act. To the extent
151	necessary, the director shall designate which local government
152	officials shall assist him in carrying out the duties prescribed
153	by this act. The director may contract with any agency or
154	agencies, individuals, or groups for the provision of necessary
155	services, subject to appropriation; and shall adopt and from
156	time to time, amend, such rules as may be necessary;
157	(2) The director shall chair a Lead Poisoning Prevention
158	Coordinating Council that also shall include a designee of the
159	Governor from the department of Community Affairs and a designee
160	of the Governor from the Department of Health.
161	(3) Subject to appropriation, the director, working in
162	coordination with the Lead Poisoning Prevention Council, shall
163	establish a statewide program for the prevention, screening,
164	diagnosis, and treatment of lead poisoning, including
165	elimination of the sources of such poisoning, through such
166	research, educational, epidemiologic, and clinical activities as
167	may be necessary.
168	(4) The Governor shall appoint a Lead Poisoning Prevention
169	Commission.
170	(a) The duties of the commission are to:
171	1. Study and collect information on the effectiveness of
172	this act in fulfilling its legislative purposes as defined in
173	section 3;
174	2. Make policy recommendations on achieving the
175	legislative purposes of this act as set forth in section 3;
176	3. Consult with the Director of Lead Poisoning Prevention
177	and applicable state agencies on the implementation of this act;
178	and
179	4. Prepare and submit a report annually to the Governor on
180	the results of implementing this act.
181	(b) The commission shall consist of fifteen members. The
182	membership shall include:
183	1. The Director of Lead Poisoning Prevention and the
184	additional two members of the Lead Poisoning Coordinating
185	Council as described in section 4(2);
186	2. One member of the Senate appointed by the President of
187	the Senate;
188	3. One member of the House of Representatives appointed by
189	the Speaker of the House of Representatives; and
190	4. Nine members appointed by the Governor, including:
191	a. A child advocate;
192	b. A health care provider;
193	c. A parent of a lead-poisoned child;
194	d. A representative of local government;
195	e. Two owners of rental property in the state;
196	f. A representative from the insurance industry that
197	offers premises liability coverage in the state;
198	g. Either a lead hazard control professional/contractor or
199	a lead hazard identification professional; and
200	h. One other member of the public whose experience and
201	expertise will ensure meaningful contribution to the commission.
202	(c) The terms of the members are as follows:
203	1. The term of a member appointed by the Governor is 4
204	years;
205	2. A member appointed by the President of the Senate or
206	the Speaker of the House of Representatives serves at the
207	pleasure of the appointing officer;
208	3. The terms of the initial members may be shortened or
209	lengthened so that the terms of future members are staggered;
210	4. At the end of a term, a member shall continue to serve
211	until a successor is appointed and qualifies;
212	5. A member who is appointed after a term has commenced
213	serves only for the reminder of the term and until a successor
214	is appointed.
215	Section 5. Requirements for lead-free status and lead-safe
216	status.--
217	(1) An affected property shall comply with the
218	requirements of either “lead-free” status, as defined by section
219	5(3), or “lead-safe” status, as defined by section 5(4), on or
220	before July 1, 2005, except as otherwise provided in section
221	5(2) .
222	(2) An owner of five or more affected properties may apply
223	to the director or the director’s local designee for an
224	extension of time in which to comply with the requirement of
225	section 5(1). The extension of time in which to comply shall be
226	for a period of 3 years beyond the deadline specified in section
227	5(1), meaning that the extended deadline for compliance shall be
228	July 1, 2008. The director shall grant the owner’s request for
229	an extension if and only if:
230	(a) The owner of the affected property states under
231	penalty of perjury that the affected property for which an
232	extension is sought is not occupied by a person at risk; and
233	(b) The owner of the affected property has complied with
234	the requirements of section 5(1) for more than 50 percent of the
235	other affected properties which the owner owns or in which he or
236	she has a beneficial interest.
237	(3) An affected property is “lead-free” if:
238	(a) The affected property was constructed after 1978; or
239	(b) The owner of the affected property submits to the
240	director or the director’s designee for the jurisdiction in
241	which such property is located an inspection report which
242	indicates that the affected property has been tested for the
243	presence of lead in accordance with standards and procedures
244	established by the regulations promulgated by the director and
245	states that:
246	1. All interior surfaces of the affected property are
247	lead-free; and
248	2.a. All exterior painted surfaces of the affected
249	property that were chipping, peeling, or flaking have been
250	restored with non-lead-based paint; or
251	b. No exterior painted surfaces of the affected property
252	are chipping, peeling, or flaking.
253	(c) In order to maintain exemption from the provisions of
254	this act, the owner of any affected property with lead-based
255	paint on any exterior surface which has been certified as “lead-
256	free” pursuant to subsection (3) shall submit to the director or
257	the director’s designee for the jurisdiction in which such
258	property is located every 3 years a certification, by an
259	inspector, accredited pursuant to the provisions of section 7,
260	stating that no exterior painted surface of the affected
261	property is chipping, peeling, or flaking.
262	(4) An affected property is lead-safe if the following
263	treatments to reduce lead-based paint hazards have been
264	completed by someone certified under section 7 and in compliance
265	with the regulations established by the director:
266	(a) Visual review of all exterior and interior painted
267	surfaces;
268	(b) Removal and repainting of chipping, peeling, or
269	flaking paint on exterior and interior painted surfaces;
270	(c) Stabilization and repainting of any interior or
271	exterior painted surfaces which have lead-based paint hazards;
272	(d) Repair of any structural defect that is causing the
273	paint to chip, peel, or flake that the owner of the affected
274	property has knowledge of or, with the exercise of reasonable
275	care, should have knowledge of;
276	(e) Stripping and repainting, replacing, or encapsulating
277	all interior windowsills and window troughs with vinyl, metal,
278	or any other durable materials which render the surface smooth
279	and cleanable;
280	(f) Installation of caps of vinyl, aluminum, or any other
281	material in a manner and under conditions approved by the
282	director in all window wells in order to make the window wells
283	smooth and cleanable;
284	(g) Fixing the top sash of all windows in place in order
285	to eliminate the friction caused by movement of the top sash,
286	except for a treated or replacement window that is free of lead-
287	based paint on its friction surfaces;
288	(h) Rehanging all doors as necessary to prevent the
289	rubbing together of a lead-painted surface with another surface;
290	(i) Making all bare floors smooth and cleanable;
291	(j) Ensuring that all kitchen and bathroom floors are
292	overlaid with a smooth, water-resistant covering; and
293	(k) HEPA-vacuuming and washing of the interior of the
294	affected property with high phosphate detergent or its
295	equivalent, as determined by the director.
296	(5)(a) Whenever an owner of an affected property intends
297	to make repairs or perform maintenance work that will disturb
298	the paint on interior surfaces of an affected property, the
299	owner shall give any tenant in such affected property at least
300	48 hours’ written advance notice and shall make reasonable
301	efforts to ensure that all persons who are not persons at risk
302	are not present in the area where work is performed and that all
303	persons at risk are removed from the affected property when the
304	work is performed.
305	(b) A tenant shall allow access to an affected property,
306	at reasonable times, to the owner to perform any work required
307	under this act.
308	(c) If a tenant must vacate an affected property for a
309	period of 24 hours or more in order to allow an owner to perform
310	work that will disturb the paint on interior surfaces, the owner
311	shall pay the reasonable expenses that the tenant incurs
312	directly related to the required relocation.
313	(d) If an owner has made all reasonable efforts to cause
314	the tenant to temporarily vacate an affected property in order
315	to perform work that will disturb the paint on interior
316	surfaces, and the tenant refuses to vacate the affected
317	property, the owner shall not be liable for any damages arising
318	from the tenant's refusal to vacate.
319	(e) If an owner has made all reasonable efforts to gain
320	access to an affected property in order to perform any work
321	required under this act, and the tenant refuses to allow access,
322	even after receiving reasonable advance notice of the need for
323	access, the owner shall not be liable for any damages arising
324	from the tenant's refusal to allow access.
325	Section 6. Inspection of affected properties.--
326	(1)(a) Initial inspection of each affected property shall
327	occur on or before July 1, 2005, except as provided in
328	section 5(2).
329	(b) Subsequent inspections shall occur at intervals of not
330	greater than 3 years.
331	(c) The requirement for a subsequent inspection may be
332	satisfied by certification of the owner with the director or the
333	director’s designee for the jurisdiction in which such property
334	is located, under penalty of perjury, that the tenants occupying
335	an affected property have not changed since the last inspection
336	and that no one residing within the affected property is a
337	person at risk.
338	(d) If the requirement for reinspection of an affected
339	property has been satisfied by certification pursuant to section
340	6(1)(c), the requirement for a reinspection under section
341	6(1)(b) is reactivated by either a change in tenancy or the
342	residence of a person at risk within the affected property.
343	(2) The director or the director’s designee for the
344	jurisdiction in which such property is located shall order an
345	inspection of an affected property, at the expense of the owner
346	of the affected property, whenever the director or the
347	director’s designee for the jurisdiction in which such property
348	is located, after July 1, 2005, is notified that the affected
349	property reasonably appears to comply with neither the lead-free
350	standard nor the lead-safe standard as those standards are
351	defined in section 5 and a person at risk resides in the
352	affected property or spends more than 24 hours per week in the
353	affected property. An inspection required under this subsection
354	shall be completed within 90 days after notification of the
355	director or the director’s designee for the jurisdiction in
356	which such property is located.
357	(3) The director or the director’s designee for the
358	jurisdiction in which such property is located shall order an
359	inspection of an affected property, at the expense of the owner
360	of the affected property, whenever the director or the
361	director’s designee for the jurisdiction in which such property
362	is located, after July 1, 2003, is notified that a person at
363	risk who resides in the affected property or spends more than 24
364	hours per week in the affected property has an elevated blood
365	lead level greater than or equal to 15 µg/dL. An inspection
366	under this subsection shall be completed within 15 days after
367	notification of the director or the director’s designee for the
368	jurisdiction in which such property is located.
369	(4) The inspector shall submit a verified report of the
370	result of the inspection to the director or the director’s
371	designee for the jurisdiction in which such property is located,
372	the owner, and the tenant, if any, of the affected property.
373	Section 7. Accreditation of inspectors and contractors
374	performing work.--
375	(1) No person shall act as a contractor or supervisor to
376	perform the work necessary for lead-hazard abatement as defined
377	in this act unless that person is accredited by the director.
378	The director shall accredit for these purposes any person
379	meeting the standards described as follows:
380	(a) Regulations to be adopted by the director pursuant to
381	this act governing the accreditation of individuals to engage in
382	lead-based paint activities sufficient to satisfy the
383	requirements of 40 Code of Federal Regulations (C.F.R.) 745.325
384	or any applicable successor provisions to 40 C.F.R. 745.325.
385	(b) Certification by the United States Environmental
386	Protection Agency to engage in lead-based paint activities
387	pursuant to 40 C.F.R. 745.226 or any applicable successor
388	provisions to 40 C.F.R. 745.226.
389	(c) Certification by a state or tribal program authorized
390	by the United States Environmental Protection Agency to certify
391	individuals engaged in lead-based paint activities pursuant to
392	40 C.F.R. 745.325 or any applicable successor provisions to 40
393	C.F.R. 745.325.
394
395	The director shall, by regulation, create exceptions to the
396	accreditation requirement for instances where the disturbance of
397	lead-based paint is incidental.
398	(2) An inspector accredited by the director shall conduct
399	all inspections required by sections 5 or 6 of this act, or
400	otherwise required by this act. The director shall accredit as
401	an inspector any individual meeting the requirements of section
402	7(2)(a) or (b):
403	(a) Regulations to be adopted by the director pursuant to
404	this act governing the accreditation of individuals eligible to
405	conduct the inspections required by this act; or
406	(b) Certification to conduct risk assessments by the EPA
407	pursuant to 40 C.F.R. 745.226(b) or any applicable successor
408	provisions to 40 C.F.R. 745.226.
409	(3) The accreditation of contractors or supervisors of
410	those performing the work necessary for lead hazard abatement,
411	and the accreditation of those performing the inspections
412	required by this section, shall extend for a period of 3 years
413	unless the director has probable cause to believe a person
414	accredited under this section has violated the terms of the
415	accreditation or engaged in illegal or unethical conduct related
416	to inspections required by this act, in which case the
417	accreditation to perform inspections shall be suspended pending
418	a hearing in accordance with the provisions of state law.
419	(4) The director shall establish by regulation a schedule
420	of fees for the registration of persons performing lead hazard
421	abatement and a separate schedule for persons performing
422	inspections pursuant to this act. Such fees shall be required
423	to be paid at the time of initial registration and at the time
424	of subsequent renewal of registration, and shall be sufficient
425	to cover all costs, including the costs of state personnel,
426	attributable to accreditation activities conducted under this
427	section.
428	(a) Fees collected pursuant to this subsection will be
429	held in a separate account within the State Housing Trust Fund
430	to be used for accreditation purposes under this section.
431	(b) The State Treasurer shall hold and the Chief Financial
432	Officer shall account for this fund.
433	(c) Funds deposited in the separate account within the
434	State Housing Trust Fund established under this subsection shall
435	be invested and reinvested and any investment earnings shall be
436	paid into the fund.
437	(5) The provisions and procedures of the Department of
438	Business and Professional Regulation shall be used for and shall
439	apply to the enforcement of violations of this section, any
440	rules adopted under this act, and any condition of accreditation
441	issued under this act.
442	Section 8. Registration of affected properties.--
443	(1) On or before July 1, 2005, the owner of an affected
444	property shall register the affected property with the director
445	or the director’s designee for the jurisdiction in which such
446	property is located.
447	(2) Contents of Registration. The owner shall register
448	each affected property using forms prepared by the director,
449	including the following information:
450	(a) The name and address of the owner;
451	(b) The address of the affected property;
452	(c) If applicable, the name and address of each property
453	manager employed by the owner to manage the affected property;
454	(d) The name and address of each insurance company
455	providing property insurance or lead hazard coverage for the
456	affected property, together with the policy numbers of that
457	insurance or coverage;
458	(e) The name and address of a resident agent, other agent
459	of the owner, or contact person in the state with respect to the
460	affected property;
461	(f) The date of construction of the affected property;
462	(g) The date of the latest change in occupancy of the
463	affected property; and
464	(h) The latest date, if any, on which the affected
465	property has been certified to be in compliance with the
466	provisions of section 5, and the name and address of the person
467	conducting the inspection.
468	(3) Registration shall be renewed every 2 years; however,
469	owners shall update the information contained in the owner’s
470	registration within 30 days after any change in the registration
471	information.
472	(4) The information provided by an owner under this
473	Section shall be open to the public.
474	(5) The director shall establish by regulation a schedule
475	of fees for the registration of affected properties, required to
476	be paid at the time of initial registration and at the time of
477	subsequent renewals of registration, sufficient to cover all
478	costs, including the costs of state personnel, involved with
479	registration activities conducted under this section.
480	(a) Fees collected pursuant to this subsection will be
481	held in a separate account within the State Housing Trust Fund
482	to be used for registration purposes under this section.
483	(b) The State Treasurer shall hold and the Chief Financial
484	Officer shall account for this fund.
485	(c) Funds deposited in the separate account within the
486	State Housing Trust Fund established under this subsection shall
487	be invested and reinvested and any investment earnings shall be
488	paid into the fund.
489	(d) An owner of an affected property who fails to pay the
490	fees imposed under this subsection shall be liable for a civil
491	penalty of triple the cumulative amount of any and all unpaid
492	registration fees or $150, whichever is greater, together with
493	all the costs of collection, including reasonable attorneys’
494	fees. These penalties shall be collected in a civil action in
495	any court of competent jurisdiction. Any unpaid penalty shall
496	constitute a lien against the affected property.
497	Section 9. Liability protection and qualified offer.--
498	(1) This section applies to all potential bases of civil
499	liability for alleged injury or loss to a person caused by the
500	ingestion of lead by a person at risk in an affected property;
501	except that this section does not apply to any claim in which
502	the elevated blood lead level of the person at risk is
503	documented to have existed on or before the date 60 days after
504	the affected property where the person at risk resides or
505	otherwise allegedly was exposed to lead has been certified as
506	lead-free under section 5(2) or lead-safe under section 5(3).
507	(2) A property owner and his or her agents and employees
508	are immune from civil liability to a person at risk, or his or
509	her parents or legal guardian, for injuries or damages resulting
510	from the ingestion of lead contained in an affected property if:
511	(a) The property has been certified as lead-free under
512	section 5(3) or as lead-safe under section 5(4); and
513	(b) The property owner or his agent has made a “qualified
514	offer” as defined in section 9(5) to the person at risk, or his
515	or her parent or legal guardian, in a case in which the person
516	at risk has a documented elevated blood lead level of 15 µg/dL
517	or more performed more than 60 days following certification of
518	the premises as lead-safe or lead-free pursuant to section 5,
519	regardless of whether such qualified offer has been accepted or
520	rejected by the person at risk, or his or her parent or legal
521	guardian.
522	(3) The immunity described in subsection (2) does not
523	apply if it is shown that one of the following has occurred:
524	(a) The owner or his or her employee or agent obtained the
525	certification of lead-free or lead-safe status by fraud;
526	(b) The owner or his or her employee or agent violated a
527	condition of the certification;
528	(c) During renovation, remodeling, maintenance, or repair
529	after receiving the certificate, the owner or his or her
530	employee or agent created a lead-based paint hazard that was
531	present in the affected property at the time the person at risk
532	either was exposed to a lead-based paint hazard or first was
533	tested with an elevated blood lead level greater than 15 µg/dL;
534	(d) The owner or his or her employee or agent failed to
535	respond in a timely manner to notification by a tenant, by the
536	director, by the director’s designee for the jurisdiction in
537	which such property is located, or by a local health department
538	that a lead-based paint hazard might be present;
539	(e) The lead poisoning or lead exposure was caused by a
540	source of lead in the affected property other than lead-based
541	paint.
542	(4) A person may not bring an action against an owner of
543	an affected property whose property has been certified as lead-
544	free under section 5(3) or lead-safe under section 5(4) for
545	damages arising from alleged injury or loss to a person at risk
546	caused by lead-based paint hazard unless he or she documents his
547	or her alleged injury with a test for elevated blood lead levels
548	and presents a written notice to the owner of the affected
549	property or his or her agent or employee of the claim and test
550	results.
551	(a) If such test results show an elevated blood lead level
552	of less than 15 µg/dL, the person at risk or his or her parent
553	or legal guardian shall not recover damages from the owner of
554	the affected property, or his or her agents, and/or employees
555	unless the person at risk, his or her parent or legal guardian
556	can show by clear and convincing evidence that the damage or
557	injury to the person at risk resulted from exposure to lead-
558	based paint and was caused by either:
559	1. Intentional acts by the owner, his or her agents or
560	employees; or
561	2. Actions of the owner or his or her agents or employees
562	with knowledge with a substantial certainty that such actions
563	would injure the person at risk or others similarly situated.
564	(b) If such test results show an elevated blood level of
565	15 µg/dL or greater, the owner of the affected property or his
566	or her agent or employee shall have the opportunity to make a
567	qualified offer under section 9(5).
568	(c) If the concentration of lead in a whole venous blood
569	sample of a person at risk tested within 60 days after the
570	person at risk begins residing or regularly spends at least 24
571	hours per week in an affected property that is certified as
572	being in compliance with the provisions of section 5(3) or
573	section 5(4) is equal to or greater than 15 µg/dL, it shall be
574	presumed that the exposure to lead-based paint occurred before a
575	person at risk began residing or regularly spending at least 24
576	hours per week in the affected property.
577	(5)(a) A qualified offer as defined in this section may be
578	made to a person at risk by the owner of the affected property,
579	an insurer of the owner, or an agent, employee, or attorney of
580	the owner.
581	(b) To qualify for the protection of liability under
582	section 9(1), a qualified offer must be made in writing and
583	delivered by certified mail return receipt requested within 30
584	days after the owner of the affected property, his or her agent
585	or employee receives notice of the elevated blood level referred
586	to in section 9(4).
587	(c) A qualified offer made under this section may be
588	accepted or rejected by a person at risk or, if a person at risk
589	is a minor, such person’s parent or legal guardian. If the
590	qualified offer is not accepted within 30 days of receipt of the
591	qualified offer, it shall be deemed to have been rejected. By
592	mutual agreement, the parties may extend the period for
593	acceptance of the qualified offer.
594	(d) Subject to the exception in section 5(5), acceptance
595	of a qualified offer by a person at risk, or by a parent, legal
596	guardian, or other person authorized to respond on behalf of a
597	person at risk, discharges and releases all potential liability
598	of the offeror, the offeror’s insured or principal, and any
599	participating co-offeror to the person at risk and to the parent
600	or legal guardian of the person at risk for alleged injury or
601	loss caused by the lead-based paint hazard in the affected
602	property.
603	(e) No owner of an affected property, or his or her agent,
604	employee, attorney or anyone acting on his or her behalf shall
605	represent to a person at risk, his or her parent or guardian, or
606	anyone acting on his or her behalf, that an offer of settlement
607	in an action resulting from a lead-based paint hazard in an
608	affected property is a “qualified offer” unless the affected
609	property has been certified as “lead-free” under section 5(3) or
610	“lead-safe” under section 5(4) and unless the offeror reasonably
611	believes that the settlement offer satisfies all requirements of
612	this section. Any settlement resulting from a settlement offer
613	purporting to be a qualified offer which does not satisfy the
614	requirements of this section, shall at the election of the
615	person at risk, his or her parent or guardian, or other
616	representative, be deemed null and void and of no legal effect.
617	Further, misrepresentation of a settlement offer as a qualified
618	offer when the offer does not meet these requirements shall
619	subject the offeror to criminal penalties for perjury. The
620	statute of limitations for an action by a person at risk with an
621	elevated blood lead level, his or her parent, or legal guardian
622	is tolled until the misrepresentation described in this
623	paragraph is discovered.
624	(f) A copy of the qualified offer shall be sent to the
625	director and the local health department. The director and the
626	local health department shall maintain a copy of the qualified
627	offer in the case management file of the person at risk. In
628	addition, the director and the local health department also
629	shall directly notify the person at risk, or in the case of a
630	minor, the parent or legal guardian of the minor, of state and
631	local resources available for lead poisoning prevention and
632	treatment.
633	(g) A qualified offer shall include payment for reasonable
634	expenses and costs incurred by the person at risk with an
635	elevated blood lead level of 15 µg/dL or greater for:
636	1. The relocation of the household of the person at risk
637	to a lead-safe dwelling unit of comparable size and quality that
638	may provide either:
639	a. The permanent relocation of the household of the
640	affected person at risk to lead-safe housing, including
641	relocation expenses, a rent subsidy, and incidental expenses; or
642	b. The temporary relocation of the household of the
643	affected person at risk to lead-safe housing while necessary
644	lead hazard reduction treatments are being performed in the
645	affected property to make that affected property lead-safe; and
646	2. Medically necessary treatment for the affected person
647	at risk as determined by the treating physician or other health
648	care provider or case manager of the person at risk that is
649	necessary to mitigate the effects of lead poisoning, and in the
650	case of a child, until the child reaches the age of 18 years;
651	and
652	3. Reasonable attorneys’ fees, not to exceed the lesser of
653	$2,500 or actual time spent in the investigation, preparation,
654	and presentation of the claim multiplied by an hourly rate of
655	$150 per hour.
656	(h) An offeror is required to pay reasonable expenses for
657	the medically necessary treatments under section 5(g)2. only if
658	coverage for these treatments is not otherwise provided by
659	Medicaid or by a health insurance plan under which the person at
660	risk has coverage or in which the person at risk is enrolled.
661	The health insurance plan shall have no right of subrogation
662	against the party making the qualified offer.
663	(i) The amounts payable under a qualified offer made under
664	this section are subject to the following aggregate maximum
665	caps:
666	1. $25,000 for all medically necessary treatments as
667	provided and limited in section 5(g)1.;
668	(b) $10,000 for all relocation benefits as provided and
669	limited in section 5(g)2.
670
671	All payments under a qualified offer specified in section 5(g)
672	shall be paid to the provider of the service, except that
673	payment of incidental expenses may be paid directly to the
674	person at risk, or in the case of a child, to the parent or
675	legal guardian of the person at risk.The payments under a
676	qualified offer may not be considered income or an asset of the
677	person at risk, the parent of a person at risk who is a child,
678	or the legal guardian, for purposes of determining eligibility
679	under any state or federal entitlement program.
680	(j) A qualified offer shall include a certification by the
681	owner of the affected property, under the penalties of perjury,
682	that the owner has complied with the applicable provisions of
683	section 5 and this section in a manner that qualified the owner
684	to make a qualified offer.
685	(k) A qualified offer shall not be treated as an offer of
686	compromise for purposes of admissibility in evidence,
687	notwithstanding that the amount is not in controversy.
688	(l) The director may adopt regulations that are necessary
689	to carry out the provisions of this section.
690	(6)(a) An owner of an affected property who is not in
691	compliance with the provisions of either section 5(3) or section
692	5(4) during the period of residency of a person at risk is
693	presumed to have failed to exercise reasonable care with respect
694	to lead-based paint hazards during that period in an action
695	seeking damages on behalf of the person at risk for alleged
696	injury or loss resulting from exposure to lead-based paint
697	hazards in the affected property.
698	(b) The owner has the burden of rebutting this presumption
699	by clear and convincing evidence.
700	(c) The plaintiff in an action against an owner of an
701	affected property described in paragraph (6)(a), in addition to
702	recovering all other legally cognizable damages, including
703	punitive damages where appropriate, shall be entitled to recover
704	reasonable attorneys’ fees.
705	Section 10. Availability of insurance coverage.--
706	(1) Except as otherwise provided by this act, no insurer
707	licensed or permitted by the Department of Financial Services to
708	provide liability coverage to rental property owners shall
709	exclude, after September 1, 2005, or 60 days after certification
710	under section 5(3) or section 5(4) of an affected property
711	covered under a policy, whichever date occurs earlier, coverage
712	for losses or damages caused by exposure to lead-based paint.
713	The Department of Financial Services shall not permit,
714	authorize, or approve any exclusion for injury or damage
715	resulting from exposure to lead-based paint, except as
716	specifically provided for in this act, that was not in effect as
717	of July 1, 2003, and all previously approved exclusions shall
718	terminate on or before September 1, 2005, or 60 days after
719	certification under section 5(3) or section 5(4) of an affected
720	property covered under a policy, whichever date occurs earlier].
721	(2) All insurers issuing liability insurance policies,
722	including commercial lines insurance policies, personal lines
723	insurance policies, and/or any other policies, covering affected
724	properties that are in compliance with the requirements of this
725	act shall offer coverage for bodily injury caused by exposure to
726	lead-based paint. Such coverage must encompass any and all
727	claims made more than 60 days after certification of the
728	affected property as lead-free under section 5(3) or lead-safe
729	under section 5(4) asserting injury resulting from exposure to
730	lead-based paint on the premises of an affected property.
731	Policy limits for such coverage shall be in an amount equal to
732	or greater than the underlying policy limits of the applicable
733	policy insuring the affected property.
734	(a) Liability coverage under this subsection for losses or
735	damages caused by lead-based paint at the insured premises may
736	be limited to the damages defined under section 9(5).
737	(2) Notwithstanding the the provisions of subsection (1),
738	in order for the owner of the affected property to be eligible
739	for the liability coverage under this subsection, such owner
740	may, at the time insurance is sought, be required to present to
741	the insurer proof of meeting the lead-free standard under
742	section 5(3) or lead-safe standard under section 5(4) in the
743	form of an affidavit signed by the owner or designated party
744	that certification has been provided pursuant to inspection
745	under section 6 and that the property has been properly
746	registered under section 8.
747	(3) Nothing in this act shall prevent insurers from
748	offering an endorsement for personal injury/bodily injury
749	liability coverage for injuries resulting from exposure to lead-
750	based paint for properties not in compliance with the provisions
751	of either section 5(3) or section 5(4).
752	(4) Rates for the coverage specified in subsection (2)
753	shall be approved by the Department of Financial Services using
754	the following standards:
755	(a) Such rates must not be excessive, inadequate, or
756	unfairly discriminatory; and
757	(b) In establishing such rates, consideration shall be
758	given to:
759	1. Past and prospective loss experience;
760	2. A reasonable margin for profits and contingencies;
761	3. Past and prospective expenses;
762	4. Such other data as the department may deem necessary;
763	and
764	5. The past history of the owner with regard to lead
765	poisoning or any other liability or violations of ordinances or
766	statutes relating to the affected property or similar properties
767	reasonably believed by the insurer to be relevant.
768	(c) The Department of Financial Services shall determine
769	by July 1, 2005, the availability in the state of the liability
770	personal injury/bodily injury coverage described in section
771	10(2), and may if such coverage is not generally available,
772	establish a market assistance plan or take other measures to
773	assure the availability of such coverage that offers a liability
774	limit which is at least $300,000 or shall require that such
775	coverage be made available through a joint underwriting plan
776	Section 11. Lead-safe or lead-free property revolving loan
777	fund account.--
778	(1) There is created as a separate account within the
779	State Housing Trust Fund, the Lead-Safe or Lead-Free Property
780	Revolving Loan Fund Account. The account shall consist of
781	proceeds received from the sale of bonds pursuant to section
782	12(2), and any sums that the state may from time to time
783	appropriate, as well as donations, gifts, bequests, or otherwise
784	from any public or private source, which money is intended to
785	assist owners of residential properties in meeting the standards
786	for either lead-free or lead-safe certification.
787	(2) The state shall issue bonds in an amount specified for
788	the purpose of funding the lead-safe or lead-free property
789	revolving loan fund account.
790	(a) Any bonds issued or to be issued pursuant to this
791	subsection shall be subject to all the requirements and
792	conditions established by the state for the sale of bonds.
793	(b) The interest rate and other terms upon which bonds are
794	issued pursuant to this subsection shall not create a
795	prospective obligation of the state in excess of the amount of
796	revenues that can reasonably be expected from the loan
797	repayments, interests on such loans, and fees that the state can
798	reasonably expect to charge under the provisions of this act.
799	(c) All money received from the sale of bonds shall be
800	deposited into the lead-safe or lead-free property revolving
801	loan fund account.
802	(3) The Chief Financial Officer shall contract with an
803	appropriate existing state agency for the administration and
804	disbursement of funds deposited in the acount. The director
805	shall adopt rules in conjunction with the Department of
806	Community Affairs which provide for the orderly and equitable
807	disbursement and repayment of funds.
808	(4) Funds placed in the lead-safe or lead-free property
809	revolving loan fund account shall be made available, at the
810	discretion of the director, to the owners of affected properties
811	or non-profit organizations for the purpose of bringing affected
812	properties into compliance with either section 5(3) or section
813	5(4). An owner of a pre-1978 property who owns and occupies the
814	dwelling unit shall be eligible for loans under this section in
815	the same manner, and to the same extent, as an owner of an
816	affected property.
817	(5) Loans made available under the provisions of this
818	section may be made directly, or in cooperation with other
819	public and private lenders, or any agency, department, or bureau
820	of the federal government or the state.
821	(6) The proceeds from the repayment of any loans made for
822	that purpose shall be deposited in and returned to the lead-safe
823	or lead-free property revolving loan fund account to constitute
824	a continuing revolving fund for the purposes provided in this
825	section.
826	(7) The director, secretary of the Department of Community
827	Affairs, and appropriate state agencies shall take any action
828	necessary to obtain federal assistance for lead hazard reduction
829	to be used in conjunction with the lead-safe or lead-free
830	property revolving loan fund account.
831	Section 12. Enforcement.--
832	(1) Owners of affected properties who fail to comply with
833	the provisions of section 5 shall be deemed in violation of this
834	act. The Office of the Attorney General and any local
835	authorities responsible for the enforcement of housing codes
836	shall enforce vigorously civil remedies and/or criminal
837	penalties provided for by law arising out of the failure to
838	comply with the requirements of this act and may seek injunctive
839	relief where appropriate.
840	(2)(a) Any civil or criminal action by state or local
841	officials to enforce the provisions of this act shall be
842	reported to the director.
843	(2) The director shall issue an annual report outlining
844	specifically the enforcement actions brought pursuant to section
845	13(1), the identity of the owners of the affected properties,
846	the authority bringing the enforcement action, the nature of the
847	action, and describing the criminal penalties and/or civil
848	relief.
849	(3) After the second written notice from the director, the
850	director’s local designee, the state or local housing authority,
851	or the state or local department of health of violations of the
852	provisions of this act occurring within an affected property, or
853	after two criminal or civil actions pursuant to subsection 13(1)
854	brought by either state or local officials to enforce this act
855	arising out of violations occurring within an affected property,
856	unless the violations alleged to exist are corrected, the
857	affected property shall be considered abandoned, and the
858	Attorney General, the director, the director’s local designee,
859	the state or local housing authority, the state or local
860	department of health, and/or any other officials having
861	jurisdiction over the affected property shall have the specific
862	power to request the court to appoint a receiver for the
863	property. The court in such instances may specifically
864	authorize the receiver to apply for loans, grants, and other
865	forms of funding necessary to correct lead-based paint hazards
866	and meet the standards for lead-safe or lead-free status, and to
867	hold the affected property for such period of time as the
868	funding source may require to assure that the purposes of the
869	funding have been met. The costs of such receivership shall
870	constitute a lien against the property that, if not discharged
871	by the owner upon receipt of the receiver’s demand for payment,
872	shall constitute grounds for foreclosure proceedings instituted
873	by the receiver to recover such costs.
874	Section 13. Private right to injunctive relief.--
875	(1) A person at risk shall be deemed to have a right,
876	effective July 1, 2005, to housing which is lead-free or lead-
877	safe as outlined in this act.
878	(2) If an owner of an affected property fails to comply
879	with such standards, a private right of action shall exist that
880	allows a person at risk or the parent or legal guardian of a
881	person at risk to seek injunctive relief from a court with
882	jurisdiction against the owner of the affected property in the
883	form of a court order to compel compliance with the requirements
884	of this act.
885	(3) A court shall not grant the injunctive relief
886	requested pursuant to section 14(2), unless, at least 30 days
887	prior to the filing requesting the injunction, the owner of the
888	affected property has received written notice of the violation
889	of standards contained in section 5 and has failed to bring the
890	affected property into compliance with the applicable standards.
891	This notice to the owner of the affected property is satisfied
892	when any of the following has occurred:
893	(a) A person at risk, his or her parent or legal guardian,
894	or attorney, has notified the owner of an affected property that
895	the property fails to meet the requirements for either lead-free
896	status under section 5(3) or for lead-safe status under section
897	5(4);
898	(b) A local or state housing authority or the Department
899	of Health has notified the owner of the affected property of
900	violations of the provisions of the act occurring within an
901	affected property; or
902	(c) A criminal or civil action pursuant to section 13(1)
903	has been brought by either state or local enforcement officials
904	to enforce this Act arising out of violations occurring within
905	an affected property.
906	(4) A person who prevails in an action under section 13(2)
907	is entitled to an award of the costs of the litigation and to an
908	award of reasonable attorneys’ fees in an amount to be fixed by
909	the court.
910	(5) Cases brought before the court under this section
911	shall be granted an accelerated hearing.
912	Section 14. Retaliatory evictions prohibited.--
913	(1) An owner of an affected property may not evict or take
914	any other retaliatory action against a person at risk or his or
915	her parent or legal guardian in response to the actions of the
916	person at risk, his or her parent or legal guardian in:
917	(a) Providing information to the owner of the affected
918	property, the director, the director’s designee for the
919	jurisdiction in which such property is located, the Department
920	of Health, the Department of Community Affairs, local health
921	officials, or local housing officials concerning lead-based
922	paint hazards within an affected property or elevated blood
923	levels of a person at risk; or
924	(b) enforcing any of his or her rights under this act.
925	(2) For purposes of this section, a "retaliatory action"
926	includes any of the following actions in which the activities
927	protected under section 15(1) are a material factor in
928	motivating said action:
929	(a) A refusal to renew a lease;
930	(b) Termination of a tenancy;
931	(c) An arbitrary rent increase or decrease in services to
932	which the person at risk or his or her parent or legal guardian
933	is entitled; or
934	(d) Any form of constructive eviction.
935	(3) A person at risk or his or her parent or legal
936	guardian subject to an eviction or retaliatory action under this
937	section is entitled to relief deemed just and equitable by the
938	court, and is eligible for reasonable attorneys’ fees and costs.
939	Section 15. Educational programs.--
940	(1) In order to achieve the purposes of this act, a
941	statewide, multifaceted, ongoing educational program designed to
942	meet the needs of tenants, property owners, health care
943	providers, early childhood educators and care providers,
944	realtors and real estate agents, insurers and insurance agents,
945	and local building officials, is hereby established.
946	(2) The Governor, in conjunction with the director and the
947	Lead Poisoning Prevention Council, shall sponsor a series of
948	public service announcements on radio, television, the Internet,
949	and print media about the nature of lead-based paint hazards,
950	the importance of lead-free and lead-safe housing, and the
951	purposes and responsibilities set forth in this act. In
952	developing and coordinating this public information initiative
953	the sponsors shall seek the participation and involvement of
954	private industry organizations, including those involved in real
955	estate, insurance, mortgage banking, and pediatrics.
956	(3) Within 120 days after the effective date of this act,
957	the director, in consultation with the Lead Poisoning Prevention
958	Council and the Lead Poisoning Prevention Commission, shall
959	develop culturally and linguistically appropriate information
960	pamphlets regarding childhood lead poisoning, the importance of
961	testing for elevated blood lead levels, prevention of childhood
962	lead poisoning, treatment of childhood lead poisoning, and where
963	appropriate, the requirements of this act. It is a requirement
964	of this act that these information pamphlets be distributed to
965	parents or the other legal guardians of children 6 years of age
966	or younger on the following occasions:
967	(a) By the owner of any affected property or his or her
968	agents or employees at the time of the initiation of a rental
969	agreement to a new tenant whose household includes a person at
970	risk or any other woman of childbearing age;
971	(b) By the health care provider at the time of the child’s
972	birth and at the time of any childhood immunization or vaccine
973	unless it is established that such information pamphlet has been
974	provided previously to the parent or legal guardian by the
975	health care provider within the prior 12 months; and
976	(c) By the owner or operator of any child care facility,
977	pre-school, or kindergarten class on or before October 15 of the
978	calendar year.
979	(4) The director, in conjunction with the the Department
980	of Community Affairs, within 120 days after the effective date
981	of this act, shall establish guidelines and a trainer’s manual
982	for a “Lead-Safe Housing Awareness Seminar” with a total class
983	time of 3 hours or less. Such courses shall be offered by
984	professional associations and community organizations with
985	training capabilities, existing accredited educational
986	institutions, and for-profit educational providers. All such
987	offerings shall be reviewed and approved, on the criteria of
988	seminar content and qualifications of instructors, by the
989	Department of Community Affairs.
990	(5) The Department of Financial Services within 18 months
991	after the effective date of this act, shall:
992	(a) Adopt rules for and issue an advisory bulletin to all
993	licensed insurers in the state providing liability coverage for
994	property owners regarding their responsibilities under this act;
995	and
996	(b) Adopt rules for and issue an advisory bulletin to all
997	licensed insurance agents and brokers in the state outlining the
998	provisions of this act and the new requirements for insurers
999	licensed in the state.
1000	(6) The Department of Business and Professional Regulation
1001	within 18 months after the effective date of this act shall:
1002	(a) Require reasonable familiarity with the relevant
1003	portions of this act as a prerequisite for the licensure or
1004	renewal of licenses of real estate brokers and salespersons; and
1005	(b) Develop an educational program for real estate brokers
1006	and salespersons regarding such duties and responsibilities.
1007	Section 16. Screening program.--
1008	(1) The director shall establish a program for early
1009	identification of persons at risk with elevated blood lead
1010	levels. Such program shall systematically screen children under
1011	6 years of age in the target populations identified in
1012	subsection (2) for the presence of elevated blood lead levels.
1013	Children within the specified target populations shall be
1014	screened with a blood lead test at age 12 months and age 24
1015	months, or between the age of 36 months to 72 months if they
1016	have not previously been screened. The director shall, after
1017	consultation with recognized professional medical groups and
1018	such other sources as he or she deems appropriate, promulgate
1019	regulations establishing: (a) The means by which and the
1020	intervals at which such children under 6 years of age shall be
1021	screened for lead poisoning and elevated blood lead levels; and
1022	(b) Guidelines for the medical followup on children found
1023	to have elevated blood lead levels.
1024	(2) In developing screening programs to identify persons
1025	at risk with elevated blood lead levels, the director shall give
1026	priority to persons within the following categories:
1027	(a) All children enrolled in Medicaid at ages 12 months
1028	and 24 months, or between the ages of 36 months to 72 months if
1029	they have not previously been screened;
1030	(b) Children under the age of 6 years exhibiting delayed
1031	cognitive development or other symptoms of childhood lead
1032	poisoning;
1033	(c) Persons at risk residing in the same household, or
1034	recently residing in the same household, as another person at
1035	risk with a blood lead level of 10 µg/dL or greater;
1036	(d) Persons at risk residing, or who have recently
1037	resided, in buildings or geographical areas where significant
1038	numbers of cases of lead poisoning or elevated blood lead levels
1039	have recently been reported;
1040	(e) Persons at risk residing, or who have recently
1041	resided, in affected properties contained in buildings which
1042	during the preceding 3 years have been subject to enforcement
1043	actions described in section 13(1), receivership actions under
1044	section 13(3), or where injunctive relief has been sought
1045	pursuant to section 14;
1046	(f) Persons at risk residing, or who have recently
1047	resided, in other affected properties with the same owner as
1048	another building containing affected properties which during the
1049	preceding 3 years have been subject to enforcement actions
1050	described in section 13(1), receivership actions under section
1051	13(3), or where injunctive relief has been sought pursuant to
1052	section 14; and
1053	(g) Persons at risk residing in other buildings or
1054	geographical areas where the director reasonably determines
1055	there to be a significant risk of affected individuals having a
1056	blood lead level of 10 µg/dL or greater.
1057	(3) The director shall maintain comprehensive records of
1058	all screenings conducted pursuant to this section. Such records
1059	shall be indexed geographically and by owner in order to
1060	determine the location of areas of relatively high incidence of
1061	lead poisoning and other elevated blood lead levels. Such
1062	records shall be public records.
1063
1064	All cases or probable cases of lead poisoning, as defined by
1065	regulation by the director, found in the course of screenings
1066	conducted pursuant to this section shall be reported immediately
1067	to the affected individual, to his or her parent or legal
1068	guardian if he or she is a minor, and to the director.
1069	Section 17. Definitions.--
1070	(1) "Abatement” means any set of measures designed to
1071	permanently eliminate lead-based paint or lead-based paint
1072	hazards. Abatement includes the removal of lead-based paint and
1073	dust-lead hazards, the permanent enclosure or encapsulation of
1074	lead-based paint, the replacement of components or fixtures
1075	painted with lead-based paint, and the removal or permanent
1076	covering of soil-based hazards.
1077	(2) “Affected property” means a room or group of rooms
1078	within a property constructed before 1978 that form a single
1079	independent habitable dwelling unit for occupation by one or
1080	more individuals that has living facilities with permanent
1081	provisions for living, sleeping, eating, cooking, and
1082	sanitation. “Affected property” does not include:
1083	(a) An area not used for living, sleeping, eating,
1084	cooking, or sanitation, such as an unfinished basement;
1085	(b) A unit within a hotel, motel, or similar seasonal or
1086	transient facility unless such unit is occupied by one or more
1087	persons at risk for a period exceeding 30 days;
1088	(c) An area which is secured and inaccessible to
1089	occupants; or
1090	(d) A unit which is not offered for rent.
1091
1092	“Affected property” excludes any property owned or operated by a
1093	unit of federal, state, or local government, or any public,
1094	quasi-public, or municipal corporation, if the property is
1095	subject to lead standards that are equal to, or more stringent
1096	than, the requirements for lead-safe status under section 5(3).
1097
1098	(3) “Change in occupancy” means a change of tenant in an
1099	affected property in which the property is vacated and
1100	possession is either surrendered to the owner or abandoned.
1101	(4) Chewable surface” means an interior or exterior
1102	surface painted with lead-based paint that a child under the age
1103	of 6 can mouth or chew. Hard metal substrates and other
1104	materials that cannot be dented by the bite of a child under the
1105	age of six 6 are not considered chewable.
1106	(5) “Containment” means the physical measures taken to
1107	ensure that dust and debris created or released during lead-
1108	based paint hazard reduction are not spread, blown, or tracked
1109	from inside to outside of the worksite.
1110	(6) “Deteriorated paint” means any interior or exterior
1111	paint or other coating that is peeling, chipping, chalking, or
1112	cracking, or any paint or coating located on an interior or
1113	exterior surface or fixture that is otherwise damaged or
1114	separated from the substrate.
1115	(7) “Director” means the Director of Lead Paint Poisoning
1116	Prevention.
1117	(8) “Dust-lead hazard” means surface dust in a residential
1118	dwelling or a facility occupied by a person at risk that
1119	contains a mass per area concentration of lead equal to or
1120	exceeding 40 µg/ft2 on floors or 250 µg/ft2 on interior
1121	windowsills based on wipe samples.
1122	(9) “Dwelling unit” means a:
1123	(a) Single-family dwelling, including attached structures
1124	such as porches and stoops; or
1125	(b) Housing unit in a structure that contains more than
1126	one separate housing unit, and in which each such unit is used
1127	or occupied, or intended to be used or occupied, in whole or in
1128	part, as the home or separate living quarters of one or more
1129	persons.
1130	(10) "Elevated blood lead level” or “EBL” means a quantity
1131	of lead in whole venous blood, expressed in micrograms per
1132	deciliter (µg/dL), that exceeds 15 µg/dL or such other level as
1133	may be specifically provided in this act.
1134	(11) “Encapsulation” means the application of a covering
1135	or coating that acts as a barrier between the lead-based paint
1136	and the environment and that relies for its durability on
1137	adhesion between the encapsulant and the painted surface, and on
1138	the integrity of the exiting bonds between paint layers and
1139	between the paint and the substrate. Encapsulation may be used
1140	as a method of abatement if it is designed and performed so as
1141	to be permanent.
1142	(12) “Exterior surfaces” means:
1143	(a) All fences and porches that are part of an affected
1144	property;
1145	(b) All outside surfaces of an affected property that are
1146	accessible to a child under the age of 6 years and that:
1147	1. Are attached to the outside of an affected property; or
1148	2. Consist of other buildings that are part of the
1149	affected property; and
1150	(c) All painted surfaces in stairways, hallways, entrance
1151	areas, recreation areas, laundry areas, and garages within a
1152	multifamily rental dwelling unit that are common to individual
1153	dwelling units and are accessible to a child under the age of 6
1154	years.
1155	(13) “Friction surface” means an interior or exterior
1156	surface that is subject to abrasion or friction, including, but
1157	not limited to, certain window, floor, and stair surfaces.
1158	(14) “g” means gram, “mg” means milligram (thousandth of a
1159	gram), and “µg” means microgram (millionth of a gram).
1160	(15) “Hazard reduction” means measures designed to reduce
1161	or eliminate human exposure to lead-based hazards through
1162	methods including interim controls or abatement or a combination
1163	of the two.
1164	(16) “High efficiency particle air vacuum” or “HEPA-
1165	vacuum” means a device capable of filtering out particles of 0.3
1166	microns or greater from a body of air at an efficiency of 99.97%
1167	or greater. “HEPA-vacuum” includes the use of a HEPA-vacuum.
1168	(17) “Impact surface” means an interior or exterior
1169	surface that is subject to damage from the impact of repeated
1170	sudden force, such as certain parts of door frames.
1171	(18) “Inspection” means a comprehensive investigation to
1172	determine the presence of lead-based paint hazards and the
1173	provision of a report explaining the results of the
1174	investigation.
1175	(19) “Interim controls” means a set of measures designed
1176	to reduce temporarily human exposure to lead-based paint
1177	hazards. Interim controls include, but are not limited to,
1178	repairs, painting, temporary containment, specialized cleaning,
1179	clearance, ongoing lead-based paint maintenance activities, and
1180	the establishment and operation of management and resident
1181	education programs.
1182	(20) “Interior windowsill” means a portion of the
1183	horizontal window ledge that is protruding into the interior of
1184	a room.
1185	(21) “Lead-based paint” means paint or other surface
1186	coatings that contain lead equal to or exceeding 1.0 milligram
1187	per square centimeter or 0.5 percent by weight or 5,000 parts
1188	per million (ppm) by weight.
1189	(22) “Lead-based paint hazard” means paint-lead hazards
1190	and dust-lead hazards.
1191	(23) “Lead-contaminated dust” means dust in affected
1192	properties that contains an area or mass concentration of lead
1193	in excess of the lead content level determined by the director
1194	by rule.
1195	(24) “Director’s local designee” means a municipal,
1196	county, or other official designated by the Director of Lead
1197	Paint Poisoning Prevention as responsible for assisting the
1198	director, relevant state agencies, and relevant county and
1199	municipal authorities, in implementing the activities specified
1200	by the Act for the geographical area in which the affected
1201	property is located.
1202	(25) “Owner” means a person, firm, corporation, nonprofit
1203	organization, partnership, government, guardian, conservator,
1204	receiver, trustee, executor, or other judicial officer, or other
1205	entity which, alone or with others, owns, holds, or controls the
1206	freehold or leasehold title or part of the title to property,
1207	with or without actually possessing it. The definition includes
1208	a vendee who possesses the title, but does not include a
1209	mortgagee or an owner of a reversionary interest under a ground
1210	rent lease. “Owner” includes any authorized agent of the owner,
1211	including a property manager or leasing agent.
1212	(26) "Paint-lead hazard” means any one of the following:
1213	(a) Any lead-based paint on a friction surface that is
1214	subject to abrasion and where the dust-lead levels on the
1215	nearest horizontal surface underneath the friction surface
1216	(e.g., the windowsill or floor) are equal to or greater than the
1217	dust-lead hazard levels set forth in subsection (8);
1218	(b) Any damaged or otherwise deteriorated lead-based paint
1219	on an impact surface that is caused by impact from a related
1220	building material, such as a door knob that knocks into a wall
1221	or a door that knocks against its door frame;
1222	(c) Any chewable lead-based painted surface on which there
1223	is evidence of teeth marks;
1224	(d) Any other deteriorated lead-based paint in or on the
1225	exterior of any residential building or any facility occupied by
1226	a person at risk.
1227	(27) “Permanent” means an expected design life of at least
1228	20 years.
1229	(28) "Person at risk" means a child under the age of six 6
1230	years or a pregnant woman who resides or regularly spends at
1231	least 24 hours per week in an affected property.
1232	(29) “Relocation expenses” means all expenses necessitated
1233	by the relocation of a tenant's household to lead-safe housing,
1234	including moving and hauling expenses, the HEPA-vacuuming of all
1235	upholstered furniture, payment of a security deposit for the
1236	lead-safe housing, and installation and connection of utilities
1237	and appliances.
1238	(30) “Soil-lead hazard” means soil on residential real
1239	property or on property of a facility occupied by a person at
1240	risk that contains total lead equal to or exceeding 400 parts
1241	per million (g/g) in a play area or average of 1,200 parts per
1242	million of bare soil in the rest of the yard based on soil
1243	samples.
1244	(31) “Tenant” means the individual named as the lessee in
1245	a lease, rental agreement or occupancy agreement for a dwelling
1246	unit.
1247	(32) “Wipe sample” means a sample collected by wiping a
1248	representative surface of known area, as determined by ASTM
1249	E1728 “Standard Practice for the Field Collection of Settled
1250	Dust Samples Using Wipe Sampling Methods for Lead Determination
1251	by Atomic Spectrometry Techniques”, with lead determination
1252	conducted by an accredited laboratory participating in the
1253	Environmental Lead Laboratory Accreditation Program (NLAP).
1254	Section 18. This act shall take effect July 1, 2003.