HB 1197

1
A bill to be entitled
2An act relating to lead poisoning prevention; creating s.
3381.99, F.S.; providing a short title; providing
4definitions; creating the Florida Lead-based Paint
5Reduction Program within the Department of Health;
6requiring certification of individuals and firms
7performing lead-reduction activities; requiring the
8department to develop course accreditation and
9certification standards and requirements; providing
10exceptions for certain individuals from certification
11requirements; requiring the department to adopt minimum
12qualifications for certification; providing for renewal of
13certification; requiring the department to establish
14criteria and a fee schedule for examinations and
15certification; providing for such fees to be deposited
16into the Lead Poisoning Prevention Trust Fund; requiring a
17person to provide notification of lead-based paint
18abatement activities to the department; providing certain
19exceptions; requiring the department to adopt standards;
20requiring the department to prepare a fact sheet on
21abatement for distribution to consumers; requiring the
22department to adopt rules; providing a contingent
23effective date.
24
25     WHEREAS, improperly conducted lead removal from housing and
26the environment has contributed to severe childhood lead
27poisoning, and
28     WHEREAS, ensuring that professionals are trained to
29properly perform lead-reduction activities will also help
30protect children from the irreversible effects of lead
31poisoning, which can contribute to learning disabilities,
32lowered intelligence, violent behavior, and poor school
33performance, and
34     WHEREAS, a significant cause of lead poisoning in children
35is the ingestion of lead particles from deteriorating lead-based
36paint in older, poorly maintained residential dwellings, and
37     WHEREAS, childhood lead poisoning can be prevented if
38property owners, project managers, construction managers, health
39professionals, lead-remediation workers, those who work with
40young children, and parents are informed about the risks of
41childhood lead poisoning and how to prevent it, and
42     WHEREAS, ensuring proper lead remediation will reduce the
43number of children in Florida requiring special medical and
44educational services, NOW, THEREFORE,
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 381.99, Florida Statutes, is created to
49read:
50     381.99  Lead-based paint reduction.--
51     (1)  SHORT TITLE.--This section may be cited as the
52"Florida Lead-based Paint Reduction Program Act."
53     (2)  DEFINITIONS.--As used in this section, the term:
54     (a)  "Abatement" means any measure or set of measures
55designed to permanently eliminate lead-based paint hazards.
56     1.  The term includes, but is not limited to:
57     a.  The removal of lead-based paint and lead-contaminated
58dust, the permanent enclosure or encapsulation of lead-based
59paint, the replacement of lead-painted surfaces or fixtures, and
60the removal or covering of lead-contaminated soil;
61     b.  All preparation, cleanup, disposal, and postabatement
62clearance-testing activities associated with the measures
63specified in sub-subparagraph a.;
64     c.  Any project for which there is a written contract or
65other documentation providing that a certified individual or a
66certified firm will be conducting activities in or to a
67residential dwelling or child-occupied facility which:
68     (I)  Results in the permanent elimination of lead-based
69paint hazards; or
70     (II)  Is designed to permanently eliminate lead-based paint
71hazards and is described in this paragraph;
72     d.  Any project resulting in the permanent elimination of
73lead-based paint hazards which is conducted by a firm or
74individual certified in accordance with this section, unless
75such project is covered by subparagraph 2.;
76     e.  Any project resulting in the permanent elimination of
77lead-based paint hazards which is conducted by a firm or
78individual who, through the company name or promotional
79literature, represents, advertises, or holds himself or herself
80out to be in the business of performing lead-based paint
81activities, unless such project is covered by subparagraph 2.;
82or
83     f.  Any project resulting in the permanent elimination of
84lead-based paint hazards which is conducted in response to
85abatement orders by the state or local government.
86     2.  The term does not include renovation, remodeling,
87landscaping, or other activities when such activities are not
88designed to permanently eliminate lead-based paint hazards, but
89are designed to repair, restore, or remodel a given structure or
90residential dwelling, even though these activities may
91incidentally result in a reduction or elimination of lead-based
92paint hazards. The term does not include interim controls,
93operations, and maintenance activities or other measures and
94activities designed to temporarily, but not permanently, reduce
95lead-based paint hazards.
96     (b)  "Accredited training program" means a training program
97that has been accredited by the Department of Health to provide
98training for individuals engaged in lead-based paint activities.
99     (c)  "Affected property" means a room or group of rooms
100within a property constructed before January 1, 1960, or within
101a property constructed between January 1, 1960, and January 1,
1021978, where the owner has knowledge of the presence of lead-
103based paint, which form a single, independent habitable dwelling
104unit for occupation by one or more individuals and has
105facilities for living, sleeping, eating, cooking, and
106sanitation. The term does not include:
107     1.  An area that is not used for living, sleeping, eating,
108cooking, or sanitation, such as an unfinished basement;
109     2.  A unit within a hotel, motel, or similar seasonal or
110transient facility, unless such unit is occupied by one or more
111persons at risk for a period exceeding 30 days;
112     3.  An area that is secured and inaccessible to occupants;
113or
114     4.  A unit that is not offered for rent.
115     (d)  "Certified abatement worker" means an individual who
116has successfully completed an accredited training program and
117who is certified by the department to perform lead-based paint
118abatement activities.
119     (e)  "Certified firm" means a company, partnership,
120corporation, sole proprietorship, association, or other business
121entity that performs lead-based paint activities and that is
122certified by the department.
123     (f)  "Certified risk assessor" means an individual who is
124trained by an accredited training program and certified by the
125department to conduct risk assessments and to collect
126environmental samples for analysis of the presence of lead in
127paint chips, dust, and soil for the purposes of clearance
128inspections.
129     (g)  "Certified supervisor" means an individual who is
130trained by an accredited training program and certified by the
131department to supervise and conduct abatements and prepare
132occupant-protection plans and abatement reports.
133     (h)  "Child-occupied facility" means a building, or portion
134of a building, constructed before 1978, visited regularly by the
135same child who is 6 years of age or younger on at least 2 days
136within any week if each day's visit lasts at least 3 hours and
137the combined annual visits last at least 60 hours. The term
138includes, but is not limited to, day care centers, preschools,
139and kindergarten classrooms.
140     (i)  "Clearance inspection" means a visual inspection and
141the collection of environmental samples by an inspector or risk
142assessor and analysis by an accredited laboratory, as determined
143by the National Lead Laboratory Accreditation Program of the
144United States Environmental Protection Agency, upon completion
145of an abatement project, interim control intervention, or
146maintenance job that disturbs lead-based paint.
147     (j)  "Department" means the Department of Health.
148     (k)  "Dust-lead hazard" means surface dust in a residential
149dwelling or a facility occupied by a person at risk which
150contains a mass-per-area concentration of lead equal to or
151exceeding 40 micrograms per square foot on interior floors or
152250 micrograms per square foot on interior window sills based on
153wipe samples.
154     (l)  "Elevated blood-lead level" means a quantity of lead
155in whole venous blood which exceeds 10 micrograms per deciliter.
156     (m)  "Inspection" means a room-by-room, surface-by-surface
157investigation to determine the presence of lead-based paint and
158the provision of a report explaining the results of the
159investigation in accordance with current guidelines of the
160United States Department of Housing and Urban Development.
161     (n)  "Lead-based paint" means paint or other surface
162coatings that contain lead equal to or exceeding 1 milligram per
163square centimeter, 0.5 percent by weight, or 5,000 parts per
164million by weight.
165     (o)  "Lead-based paint activities" means, in the case of
166target housing and child-occupied facilities, inspection, risk
167assessment, and abatement.
168     (p)  "Lead-based paint hazard" means any one of the
169following:
170     1.  Any lead-based paint on a friction surface that is
171subject to abrasion and where the lead levels on the nearest
172horizontal surface underneath the friction surface, such as the
173windowsill or floor, are equal to or greater than the dust-lead
174hazard levels.
175     2.  Any damaged or otherwise deteriorated lead-based paint
176on an impact surface that is caused by impact from a related
177building material, such as a door knob that knocks into a wall
178or a door that knocks against its door frame.
179     3.  Any chewable lead-based painted surface on which there
180is evidence of teeth marks.
181     4.  Any other deteriorated lead-based paint in or on the
182exterior of any residential building or any facility occupied by
183a person at risk.
184     (q)  "Person at risk" means a child younger than 6 years of
185age or a pregnant woman who resides in or regularly spends at
186least 24 hours per week in an affected property.
187     (r)  "Reduction" means measures designed to reduce or
188eliminate human exposure to lead-based paint hazards through
189methods that include interim controls and abatement.
190     (s)  "Residential dwelling" means:
191     1.  A detached single-family dwelling unit, including
192attached structures, such as porches and stoops; or
193     2.  A single-family dwelling unit in a structure that
194contains more than one separate residential dwelling unit and
195that is used or occupied, or intended to be used or occupied, in
196whole or in part, as the home or residence of one or more
197persons.
198     (t)  "Risk assessment" means:
199     1.  An on-site investigation to determine the existence,
200nature, severity, and location of lead-based paint hazards; and
201     2.  The provision of a report by the individual or the firm
202conducting the risk assessment which explains the results of the
203investigation and options for reducing lead-based paint hazards.
204     (u)  "Target housing" means any housing constructed before
2051978, except housing for the elderly or persons with
206disabilities, unless one or more children 6 years of age or
207younger reside or are expected to reside in such housing and any
208zero-bedroom dwelling.
209     (3)  PROGRAM CREATION.--The Florida Lead-based Paint
210Reduction Program is created within the Department of Health.
211     (4)  TRAINING AND CERTIFICATION OF AN INDIVIDUAL.--
212     (a)  An individual may not perform or offer to perform an
213inspection, risk assessment, or abatement of a target facility,
214affected property, or child-occupied facility unless the
215individual is certified by the department to perform such
216activity. To ensure that proper procedures are used while
217performing an inspection, risk assessment, or abatement, the
218certification requirement applies to each activity.
219     (b)  The department shall develop course accreditation and
220certification standards and requirements for any abatement
221categories required under federal law. Certification as an
222abatement inspector, risk assessor, or worker shall be granted
223only to individuals who successfully complete a department-
224accredited course conducted by a provider accredited by the
225department.
226     (c)  The certification requirement imposed by this
227subsection does not apply to an individual who performs an
228abatement of a residential dwelling that the individual owns and
229occupies as a residence, unless the residential dwelling is
230occupied by an individual or individuals other than the owner or
231the owner's immediate family before, or for 1 year after, an
232abatement is performed.
233     (5)  CERTIFICATION OF A FIRM.--
234     (a)  A firm or other entity may not perform or offer to
235perform an inspection, risk assessment, or abatement of a target
236facility unless the firm or entity is certified by the
237department as qualified to perform the activity. A firm or
238entity that performs an inspection, risk assessment, or
239abatement of a target facility may not employ an individual to
240perform the inspection, risk assessment, or abatement unless the
241individual is certified by the department to perform the
242activity.
243     (b)  In order to be certified under this section, a firm or
244entity must meet the qualification requirements set by the
245department. The department shall adopt by rule minimum
246qualifications for the certification of firms and course
247providers.
248     (6)  RENEWAL.--A certification of an individual, course
249provider, or firm issued under this section expires on the last
250day of the 36th month after the date of issuance. A
251certification shall be renewed by paying the renewal fee within
252the established timeframe and according to the adopted minimum
253qualifications for certification of an individual, course
254provider, or firm.
255     (7)  CERTIFICATION AND ACCREDITATION FEES.--
256     (a)  The department shall establish fees for:
257     1.  Examination for individual certification.
258     2.  Individual certification as an abatement worker.
259     3.  Individual certification as a risk-assessor.
260     4.  Individual certification as an inspector.
261     5.  Individual certification as a supervisor.
262     6.  Initial course provider accreditation.
263     7.  Renewal course accreditation.
264     8.  Firm certification.
265
266The fees for examination and certification apply to each
267category in which a person is examined for certification or
268receives certification.
269     (b)  The fees imposed under this subsection shall be
270sufficient to meet the cost of administering this section and
271shall be deposited by the department into the Lead Poisoning
272Prevention Trust Fund and used solely to support the Florida
273Lead-based Paint Reduction Program and the training and
274certification required under the program.
275     (8)  ABATEMENT NOTIFICATION.--
276     (a)  A person may not conduct an abatement of a target
277facility, a child-occupied facility, a residential dwelling, or
278an affected property unless the person has provided notification
279to the department of the abatement. The department shall
280establish a procedure for providing notification. Notification
281authorizes the department to enter and assess the identified
282abatement worksite for the purpose of enforcing the requirements
283of this section.
284     (b)  An individual who owns a single-family dwelling,
285conducts an abatement of the dwelling, and resides in the
286dwelling after the abatement is complete is not required to
287provide notification to the department unless the dwelling is
288occupied by an individual or individuals other than the owner or
289the owner's immediate family before, and for 1 year after, the
290abatement is performed or unless a child residing in the
291building has been identified as having an elevated blood-lead
292level.
293     (9)  STANDARDS AND PROCEDURES FOR ELIMINATION OF HAZARDS;
294CONSUMER INFORMATION.--
295     (a)  The department shall adopt standards established by
296the United States Environmental Protection Agency to ensure that
297abatement performed under this section results in the
298elimination of lead-based paint hazards. An inspection, risk
299assessment, or abatement performed under this section must be
300performed in accordance with the procedures defined by rules of
301the department.
302     (b)  The department shall prepare a fact sheet on abatement
303for distribution to consumers. The sheet shall list certified
304firms and various measures known to the department for the
305abatement of target housing and child-occupied facilities.
306     (10)  RULES.--The Department of Health shall adopt rules
307pursuant to ss. 120.536(1) and 120.54 to administer this
308section, including, but not limited to, methods, fees,
309standards, and abatement procedures.
310     Section 2.  This act shall take effect July 1, 2008, if HB
3111199 or similar legislation is adopted in the same legislative
312session or an extension thereof and becomes law.


CODING: Words stricken are deletions; words underlined are additions.