Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 567-S.F.No. 2710
An act relating to health; modifying provisions
relating to lead and asbestos abatement; amending
Minnesota Statutes 1992, sections 144.871, subdivision
3, and by adding subdivisions; and 144.878, by adding
subdivisions; Minnesota Statutes 1993 Supplement,
sections 16B.61, subdivision 3; 144.871, subdivision
2; 144.872, subdivisions 2 and 4; 144.873, subdivision
1; 144.874, subdivisions 1, 3, 3a, and 11a; 144.8771,
subdivision 2; 144.878, subdivisions 2 and 5; 326.71,
subdivision 4; and 326.75, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 144;
repealing Minnesota Statutes 1993 Supplement, sections
144.8771, subdivision 5; 144.8781, subdivisions 1, 2,
3, and 5; 157.082; and 157.09; Laws 1993, First
Special Session chapter 1, article 9, section 49.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1993 Supplement, section
16B.61, subdivision 3, is amended to read:
Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER
VANS.] The code must require that any parking ramp or other
parking facility constructed in accordance with the code include
an appropriate number of spaces suitable for the parking of
motor vehicles having a capacity of seven to 16 persons and
which are principally used to provide prearranged commuter
transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit
authority.
(b) [SMOKE DETECTION DEVICES.] The code must require that
all dwellings, lodging houses, apartment houses, and hotels as
defined in section 299F.362 comply with the provisions of
section 299F.362.
(c) [DOORS IN NURSING HOMES AND HOSPITALS.] The state
building code may not require that each door entering a sleeping
or patient's room from a corridor in a nursing home or hospital
with an approved complete standard automatic fire extinguishing
system be constructed or maintained as self-closing or
automatically closing.
(d) [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL
EXIT.] A licensed day care center serving fewer than 30
preschool age persons and which is located in a below ground
space in a church building is exempt from the state building
code requirement for a ground level exit when the center has
more than two stairways to the ground level and its exit.
(e) [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.]
Until August 1, 1996, an organization providing child care in an
existing church building which is exempt from taxation under
section 272.02, subdivision 1, clause (5), shall have five years
from the date of initial licensure under chapter 245A to provide
interior vertical access, such as an elevator, to persons with
disabilities as required by the state building code. To obtain
the extension, the organization providing child care must secure
a $2,500 performance bond with the commissioner of human
services to ensure that interior vertical access is achieved by
the agreed upon date.
(f) [FAMILY AND GROUP FAMILY DAY CARE.] The commissioner
of administration shall establish a task force to determine
occupancy standards specific and appropriate to family and group
family day care homes and to examine hindrances to establishing
day care facilities in rural Minnesota. The task force must
include representatives from rural and urban building code
inspectors, rural and urban fire code inspectors, rural and
urban county day care licensing units, rural and urban family
and group family day care providers and consumers, child care
advocacy groups, and the departments of administration, human
services, and public safety.
By January 1, 1989, the commissioner of administration
shall report the task force findings and recommendations to the
appropriate legislative committees together with proposals for
legislative action on the recommendations.
Until the legislature enacts legislation specifying
appropriate standards, the definition of Group R-3 occupancies
in the state building code applies to family and group family
day care homes licensed by the department of human services
under Minnesota Rules, chapter 9502.
(g) [MINED UNDERGROUND SPACE.] Nothing in the state
building codes shall prevent cities from adopting rules
governing the excavation, construction, reconstruction,
alteration, and repair of mined underground space pursuant to
sections 469.135 to 469.141, or of associated facilities in the
space once the space has been created, provided the intent of
the building code to establish reasonable safeguards for health,
safety, welfare, comfort, and security is maintained.
(h) [ENCLOSED STAIRWAYS.] No provision of the code or any
appendix chapter of the code may require stairways of existing
multiple dwelling buildings of two stories or less to be
enclosed.
(i) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the
code or appendix chapter of the code may prohibit double
cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a
residential dwelling. Any recommendation or promotion of double
cylinder dead bolt locks must include a warning about their
potential fire danger and procedures to minimize the danger.
(j) [RELOCATED RESIDENTIAL BUILDINGS.] A residential
building relocated within or into a political subdivision of the
state need not comply with the state energy code or section
326.371 provided that, where available, an energy audit is
conducted on the relocated building.
(k) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must
require all residential buildings as defined in section 325F.82
to comply with the provisions of sections 325F.82 and 325F.83.
(l) [EXIT SIGN ILLUMINATION.] For a new building on which
construction is begun on or after October 1, 1993, or an
existing building on which remodeling affecting 50 percent or
more of the enclosed space is begun on or after October 1, 1993,
the code must prohibit the use of internally illuminated exit
signs whose electrical consumption during nonemergency operation
exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.
(m) [RESIDENTIAL WORK.] By January 1, 1996, the
commissioner of administration shall develop building code
provisions in accordance with the directives and provisions
developed under section 144.874, subdivision 11a.
Sec. 2. Minnesota Statutes 1993 Supplement, section
144.871, subdivision 2, is amended to read:
Subd. 2. [ABATEMENT.] "Abatement" means removal of,
replacement of, or encapsulation of deteriorated paint, bare
soil, dust, drinking water, or other lead-containing materials
that are or may become readily accessible during the lead
abatement process and pose an immediate threat of actual lead
exposure to people any set of procedures designed to eliminate
or reduce human exposure to lead hazards.
Sec. 3. Minnesota Statutes 1992, section 144.871, is
amended by adding a subdivision to read:
Subd. 2a. [LEAD HAZARD.] "Lead hazard" means a condition
that causes exposure to lead from lead-contaminated dust,
lead-contaminated bare soil, lead-contaminated drinking water,
lead-contaminated deteriorating paint, or lead-contaminated
intact paint on accessible, friction, or impact surfaces that
poses an immediate threat that would result in adverse human
health effects.
Sec. 4. Minnesota Statutes 1992, section 144.871,
subdivision 3, is amended to read:
Subd. 3. [ABATEMENT CONTRACTOR.] "Abatement contractor"
means any person hired by a property owner or resident to
perform abatement of a lead source in violation of standards
under section 144.878 and who is licensed by the commissioner
according to rules adopted under section 144.878, subdivision 5.
Sec. 5. Minnesota Statutes 1992, section 144.871, is
amended by adding a subdivision to read:
Subd. 5a. [DETERIORATED PAINT.] "Deteriorated paint" or
"deteriorating paint" means paint that is chipped, peeled, or
otherwise separated from its substrate or that is attached to
damaged substrate.
Sec. 6. Minnesota Statutes 1993 Supplement, section
144.872, subdivision 2, is amended to read:
Subd. 2. [HOME ASSESSMENTS CONTRACTS.] (a) The
commissioner shall, within available federal or state
appropriations, contract with boards of health, who may
determine priority for responding to cases of elevated blood
lead levels, to conduct assessments to determine sources of lead
contamination in the residences of pregnant women whose blood
lead levels are at least ten micrograms per deciliter and of
children whose blood lead levels are at least 20 micrograms per
deciliter or whose blood lead levels persist in the range of 15
to 19 micrograms per deciliter for 90 days after initial
identification to the board of health or the commissioner.
Assessments must be conducted within five working days of the
board of health receiving notice that the criteria in this
subdivision have been met. The commissioner or boards of health
must be notified of all violations of standards under section
144.878, subdivision 2, that are identified during a home
assessment in accordance with section 144.878.
(b) The commissioner or boards of health must identify the
known addresses for the previous 12 months of the child or
pregnant woman with elevated blood lead levels and notify the
property owners at those addresses. The commissioner may also
collect information on the race, sex, and family income of
children and pregnant women with elevated blood lead levels.
(c) Within the limits of appropriations, a board of health
shall conduct home assessments for children and pregnant women
whose confirmed blood lead levels are in the range of ten to 19
micrograms per deciliter.
(d) The commissioner shall also provide educational
materials on all sources of lead to boards of health to provide
education on ways of reducing the danger of lead contamination.
The commissioner may provide laboratory or field lead testing
equipment to a board of health or may reimburse a board of
health for direct costs associated with assessments.
Sec. 7. Minnesota Statutes 1993 Supplement, section
144.872, subdivision 4, is amended to read:
Subd. 4. [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a)
Within the limits of available state or federal appropriations,
funds shall be made available under a grant program to nonprofit
community-based organizations in areas at high risk for toxic
lead exposure. Grantees shall use the money to purchase lead
cleanup equipment and to pay for training for staff and
volunteers for lead abatement certification. Grantees may work
with licensed lead abatement contractors and certified
trainers sponsors of approved training courses in order to
receive training necessary for certification under section
144.876, subdivision 1. Lead cleanup equipment shall include:
high efficiency particle accumulator and wet vacuum cleaners,
drop cloths, secure containers, respirators, scrapers, dust and
particle containment material, and other cleanup and containment
materials to remove loose paint and plaster, patch plaster,
control household dust, wax floors, clean carpets and sidewalks,
and cover bare soil.
(b) Upon certification, the grantee's staff and volunteers
may make equipment and educational materials available to
residents and property owners and instruct them on the proper
use. Equipment shall be made available to low-income households
on a priority basis at no fee, and other households on a sliding
fee scale. Equipment shall not be made available to any person,
licensed lead abatement contractor, or certified trainer who
charges or intends to charge a fee for services performed using
equipment or materials purchased by a nonprofit community-based
organization through a grant obtained under this subdivision.
Sec. 8. Minnesota Statutes 1993 Supplement, section
144.873, subdivision 1, is amended to read:
Subdivision 1. [REPORT REQUIRED.] Medical laboratories
performing blood lead analyses must report to the commissioner
finger stick and venipuncture blood lead results and the method
used to obtain these results. Boards of health must report to
the commissioner the results of analyses from residential
samples of paint, soil, dust, and drinking water. The
commissioner shall require the type of blood sample tested and
the date of the test, and the current address and birthdate of
the patient, the gender and race of the patient, and other
related information from medical laboratories and boards of
health as may be needed to monitor and evaluate blood lead
levels in the public. Clinic staff and physicians who collect
blood samples for lead analyses must provide the information in
this subdivision to the medical laboratory performing the
analyses. If a clinic or physician sends a blood lead test to a
medical laboratory outside of Minnesota, that clinic or
physician must meet the reporting requirements under this
subdivision.
Sec. 9. Minnesota Statutes 1993 Supplement, section
144.874, subdivision 1, is amended to read:
Subdivision 1. [RESIDENCE ASSESSMENT.] (a) A board of
health must conduct a timely an assessment of a residence and
all common areas, if the residence is located in a building with
two or more residential units, within five ten working days of
receiving notification that the criteria in this subdivision
have been met, as confirmed by lead analysis of a venous blood
sample, to determine sources of lead exposure if:
(1) a pregnant woman in the residence is identified as
having a blood lead level of at least ten micrograms of lead per
deciliter of whole blood;
(2) a child in the residence is identified as having a
blood lead level at or above 20 micrograms per deciliter; or
(3) a child in the residence is identified as having a
blood lead level that persists in the range of 15 to 19
micrograms per deciliter for 90 days after initial
identification. In a building with two or more residential
units, a board of health must inspect the individual unit in
which the conditions of this subdivision are met and must also
inspect all common areas in the building. Assessments must be
conducted by a board of health regardless of the availability of
state or federal appropriations for assessments.
(b) Within the limits of available state and federal
appropriations, a board of health shall also conduct home
assessments for children whose confirmed blood lead levels are
in the range of ten to 19 micrograms per deciliter. A board of
health may assess a residence even if none of the three criteria
in this subdivision are met.
(c) If a child regularly spends several hours at one or
more other sites such as another residence, or a residential or
commercial child care facility, the board of health must also
assess the other sites. The board of health shall have one
additional day to complete the assessment for each additional
site.
(d) Sections 144.871 to 144.879 neither authorize nor
prohibit a board of health from charging a property owner for
the cost of assessment. The commissioner or boards of health
must identify the known addresses for the previous 12 months of
the child or pregnant woman with elevated blood lead levels and
notify the property owners at those addresses. This information
shall be classified as private data on individuals as defined
under section 13.02, subdivision 12.
(e) The board of health must conduct the residential
assessment according to rules adopted by the commissioner under
section 144.878. A board of health must have residence
assessments performed by lead inspectors licensed by the
commissioner according to rules adopted under section 144.878.
A board of health may observe the performance of lead abatement
in progress and may enforce the provisions of sections 144.871
to 144.879 under section 144.8781. The staff complement of the
department of health shall be increased by two full-time
equivalent positions who shall be lead inspectors.
(f) A lead inspector must notify the commissioner or the
board of health of all violations under section 144.878,
subdivision 2, that are identified in a residence assessment
under this section.
(g) The commissioner may provide laboratory or field lead
testing equipment to a board of health or may reimburse a board
of health for direct costs associated with assessments.
(h) Sections 144.871 to 144.879 neither authorize nor
prohibit a board of health from charging a property owner for
the cost of assessment.
Sec. 10. Minnesota Statutes 1993 Supplement, section
144.874, subdivision 3, is amended to read:
Subd. 3. [SWAB TEAMS; LEAD ASSESSMENT; LEAD ABATEMENT
ORDERS.] A board of health must order a property owner to
perform abatement on a lead source that exceeds a standard
adopted according to section 144.878 at the residence of a child
with an elevated blood lead level or a pregnant woman with a
blood lead level of at least ten micrograms per deciliter. If
the paint standard under section 144.878 is violated, but the
paint is intact, the board of health must not order paint
removal unless the intact paint is a known source, or reasonably
expected to be a source, of actual lead exposure to a specific
person. Before the board of health may order the intact paint
to be removed, a reasonable effort must be made to protect the
child and preserve the intact paint by the use of guards or
other protective devices. Lead abatement orders must require
that any source of damage, such as leaking roofs, plumbing, and
windows, must be repaired or replaced, as needed, to prevent
damage to lead-containing interior surfaces. The board of
health is not required to pay for lead abatement. With each
lead abatement order, the board of health must coordinate with
swab team abatement and provide a residential lead abatement
guide.
Sec. 11. Minnesota Statutes 1993 Supplement, section
144.874, subdivision 3a, is amended to read:
Subd. 3a. [SWAB TEAM SERVICES.] After issuing abatement
orders for a residence of a child or pregnant women with
elevated blood lead levels, the commissioner or a board of
health must send a swab team within five ten working days to the
residence to perform swab team services as defined in section
144.871, subdivision 9. If the commissioner or board of health
provides swab team services after an assessment, but before the
issuance of an abatement order, swab team services do not need
to be repeated after the issuance of an abatement order. Swab
team services are not considered completed until the
reassessment required under subdivision 6 shows no violation of
one or more of the standards under section 144.878, subdivision
2. If assessments and abatement orders are conducted at times
when weather or soil conditions do not permit the assessment or
abatement of lead in soil, the residences shall have their soil
assessed and abated, if necessary, at the first opportunity that
weather and soil conditions allow.
Sec. 12. Minnesota Statutes 1993 Supplement, section
144.874, subdivision 11a, is amended to read:
Subd. 11a. [LEAD ABATEMENT AND LEAD-SAFE WORK DIRECTIVES.]
(a) In order to achieve statewide consistency in the application
of lead abatement standards, the commissioner shall issue
program directives that interpret the application of rules under
section 144.878 in ambiguous or unusual lead abatement
situations. These directives are guidelines to local boards of
health. The commissioner shall periodically review the
evaluation of lead abatement orders and the program directives
to determine if the rules under section 144.878 need to be
amended to reflect new understanding of lead abatement practices
and methods.
(b) By July 1, 1995, the commissioner shall develop in
cooperation with the commissioner of administration provisions,
procedures, and directives to define residential remodeling,
renovation, installation, and rehabilitation activities that are
not lead abatement but may disrupt lead-based paint surfaces.
The directives and provisions must define lead-safe procedures
for nonlead abatement activities including preparation, cleanup,
and disposal procedures. The directives must be based on the
different levels and types of work involved and the potential
for lead hazards. The directives must address activities
including, but not limited to, painting, remodeling,
weatherization, installation of cable, wire, plumbing, and gas,
and replacement of doors and windows. The commissioners of
health and administration shall consult with representatives of
builders, weatherization providers, nonprofit rehabilitation
organizations, a representative of each of the affected trades,
and housing and redevelopment authorities in developing the
directives and procedures. This group shall also make
recommendations for consumer and contractor education and
training. Directives developed under this section are exempt
from chapter 14. The commissioner of health shall report to the
legislature by February 15, 1995, regarding development of the
provisions required under this subdivision.
Sec. 13. Minnesota Statutes 1993 Supplement, section
144.8771, subdivision 2, is amended to read:
Subd. 2. [LICENSE APPLICATION.] (a) An application for a
license and for renewal of a license must be on a form provided
by the commissioner and be accompanied by:
(1) the fee set by the commissioner; and
(2) evidence that the applicant has successfully completed
a lead inspection training course approved by the commissioner
or, within the previous 180 days, an initial lead inspection
training course.
(b) The fee required by this subdivision is waived for an
employee of a board of health the federal, state, or local
government within Minnesota.
Sec. 14. Minnesota Statutes 1993 Supplement, section
144.878, subdivision 2, is amended to read:
Subd. 2. [LEAD STANDARDS AND ABATEMENT METHODS.] (a) The
commissioner shall adopt rules establishing standards and
abatement methods for lead in paint, dust, and drinking water,
and soil in a manner that protects public health and the
environment for all residences, including residences also used
for a commercial purpose.
(b) The commissioner shall differentiate between intact
paint and deteriorating paint. The commissioner and political
subdivisions shall require abatement of intact paint only if the
commissioner or political subdivision finds that the intact
paint is on a chewable or lead-dust producing surface that is a
known source or reasonably expected to be a source of actual
lead exposure to a specific person. The commissioner shall work
cooperatively with the commissioner of administration to
determine which practices under section 144.874, subdivision
11a, may be used for lead-safe work including preparation and
cleanup. The commissioner shall work cooperatively with the
commissioner of the pollution control agency to develop disposal
procedures. In adopting rules under this subdivision, the
commissioner shall require the best available technology for
lead abatement methods, paint stabilization, and repainting.
(b) (c) The commissioner of health shall adopt standards
and abatement methods for lead in bare soil on playgrounds and
residential property in a manner to protect public health and
the environment. The commissioner shall adopt a maximum
standard of 100 parts of lead per million in bare soil, unless
it is proven that a different standard provides greater
protection of public health.
(c) (d) The commissioner of the pollution control agency
shall adopt rules to ensure that removal of exterior lead-based
coatings from residential property by abrasive blasting methods
is conducted in a manner that protects public health and the
environment.
(d) (e) All standards adopted under this subdivision must
provide reasonable margins of safety that are consistent with a
detailed review of scientific evidence and an emphasis on
overprotection rather than underprotection when the scientific
evidence is ambiguous. The rules must apply to any individual
performing or ordering the performance of lead abatement.
(e) (f) No unit of local government may have an ordinance
or regulation governing lead abatement methods for lead in
paint, dust, or soil for residences and residential land that
require a different lead abatement method than the lead
abatement standards established under sections 144.871 to
144.879.
(g) The commissioner shall adopt standards and abatement
methods for lead in drinking water in a manner to protect the
public health and the environment. The commissioner shall adopt
rules for controlling lead in drinking water as contained in
Code of Federal Regulations, title 40, part 141. Samples
collected for the purposes of lead analysis of drinking water
shall be done in accordance with lab certification requirements
and analytical techniques specified by the Code of Federal
Regulations, title 40, part 141.89.
Sec. 15. Minnesota Statutes 1992, section 144.878, is
amended by adding a subdivision to read:
Subd. 2b. [PRIORITIES FOR RESPONSE ACTION.] The
commissioner of health must establish, by publication in the
State Register, a priority list of census tracts at high risk
for toxic lead exposure for primary prevention response
actions. In establishing the list, the commissioner shall award
points under this subdivision to each census tract on which
information is available. The priority for primary prevention
response actions in census tracts at high risk for toxic lead
exposure shall be based on the cumulative points awarded to each
census tract. A greater number of points means a higher
priority. If a tie occurs in the number of points, priority
shall be given to the census tract with the higher percentage of
population with blood lead levels greater than ten micrograms of
lead per deciliter. All local governmental units and boards of
health shall follow the priorities under this subdivision. The
commissioner shall revise and update the priority list at least
every five years. Points shall be awarded to each census tract
for each criteria, considered independently, as described in
section 144.871, subdivision 7a. Points shall be awarded as
follows:
(a) In a census tract where at least 20 children have been
screened in the last five years, one point shall be awarded for
each ten percent of children who were under six years old at the
time they were screened for lead in blood and whose blood lead
level exceeds ten micrograms of lead per deciliter. An
additional point shall be awarded if one percent of the children
had blood levels greater than 20 micrograms per deciliter of
blood. Two points shall be awarded to a census tract, where the
blood lead screening has been inadequate, that is contiguous
with a census tract where more than ten percent of the children
under six years of age have blood lead levels exceeding ten
micrograms per deciliter.
(b) One point shall be awarded for every five percent of
housing that is defined as dilapidated or deteriorated by the
planning department or similar agency of the city in which the
housing is located. Where data is available by neighborhood or
section within a city, the percent of dilapidated or
deteriorated housing shall apply equally to each census tract
within the neighborhood or section.
(c) One point shall be awarded for every 100 parts per
million of lead soil, based on the median soil lead values of
foundation soil samples, calculated on 100 parts per million
intervals, or fraction thereof. For the cities of St. Paul and
Minneapolis, the commissioner shall use the June 1988 census
tract version of the houseside map entitled "Distribution of
Houseside Lead Content of Soil-Dust in the Twin Cities,"
prepared by the Center for Urban and Regional Affairs. Where
the map displays a census tract that is crossed by two or more
intervals, the commissioner shall make a reasoned determination
of the median foundation soil lead value for that tract. Values
for census tracts may be updated by surveying the tract
according to the procedures under Minnesota Rules, part
4761.0400, subpart 8.
Sec. 16. Minnesota Statutes 1993 Supplement, section
144.878, subdivision 5, is amended to read:
Subd. 5. [LEAD ABATEMENT CONTRACTORS AND EMPLOYEES.] The
commissioner shall adopt rules to license lead abatement
contractors, to certify employees of lead abatement contractors
who perform abatement, and to certify lead abatement trainers
who provide lead abatement training for contractors, employees,
or other lead abatement trainers. A person who performs
painting, renovation, rehabilitation, remodeling, or other
residential work that is not lead abatement need not be a
licensed lead abatement contractor. By July 1, 1994, a person
who performs work that removes intact paint on residences built
before February 27, 1978, must determine whether lead sources
are present and whether the planned work would be lead abatement
as defined in section 144.871, subdivision 2. This
determination may be made by quantitative chemical analysis,
X-ray fluorescence analyzer, or chemical spot test using sodium
rhodizonate. If lead sources are identified, the work must be
performed by a licensed lead abatement contractor. An owner of
an owner-occupied residence with one or two units is not subject
to the requirements under this subdivision. All lead abatement
training must include a hands-on component and instruction on
the health effects of lead exposure, the use of personal
protective equipment, workplace hazards and safety problems,
abatement methods and work practices, decontamination
procedures, cleanup and waste disposal procedures, lead
monitoring and testing methods, and legal rights and
responsibilities. The commissioner shall adopt rules to approve
lead abatement training courses and to charge a fee for
approval. At least 30 days before publishing initial notice of
proposed rules under this subdivision on the licensing of lead
abatement contractors, the commissioner shall submit the rules
to the chairs of the health and human services committee in the
house of representatives and the health care committee in the
senate, and to any legislative committee on licensing created by
the legislature.
Sec. 17. Minnesota Statutes 1992, section 144.878, is
amended by adding a subdivision to read:
Subd. 5a. [RESIDENTIAL RENOVATION AND REMODELING.] A
person who performs painting, renovation, rehabilitation,
remodeling, demolition, or other residential work that is not
lead abatement need not be a licensed lead abatement
contractor. After July 1, 1995, a person who performs work that
removes intact paint on residences built before February 27,
1978, must determine whether lead sources are present. This
determination may be made by quantitative chemical analysis,
X-ray fluorescence analyzer, or chemical spot test using sodium
rhodizonate. A person does not have to be licensed as a lead
inspector to use sodium rhodizonate for this purpose. If lead
sources are identified, the work must be performed in accordance
with the standard in section 144.878, subdivision 2, as modified
by the program directives developed under section 144.874,
subdivision 11a. An owner of an owner-occupied residence with
one or two units is not subject to the requirements under this
subdivision.
Sec. 18. [144.8782] [EXEMPTIONS.]
The provisions of sections 144.876 and 144.878, subdivision
5, do not apply to homeowners, apartment owners, farmers, and
small business persons with 50 or fewer employees who do their
own maintenance and remodeling work, or to small contractors,
excluding lead abatement contractors. Exemptions under this
section also apply to purchasers of one or two unit residences.
Nothing in this section affects any federal grant from the
Department of Housing and Urban Development or state financed
swab teams.
Sec. 19. Minnesota Statutes 1993 Supplement, section
326.71, subdivision 4, is amended to read:
Subd. 4. [ASBESTOS-RELATED WORK.] "Asbestos-related work"
means the enclosure, repair, removal, or encapsulation of
asbestos-containing material in a quantity that meets or exceeds
260 lineal feet of friable asbestos-containing material on
pipes, 160 square feet of friable asbestos-containing material
on other facility components, or, if linear feet or square feet
cannot be measured, a total of 35 cubic feet of friable
asbestos-containing material on or off all facility components
in one facility. In the case of single or multifamily
residences, "asbestos-related work" also means the
enclosure, repair, removal, or encapsulation of greater than ten
but less than 260 lineal feet of friable asbestos-containing
material on pipes or ducts or greater than six but less than 160
square feet of friable asbestos-containing material on other
facility components. This provision excludes
asbestos-containing vinyl floor tiles and sheeting under 160
square feet, roofing materials, siding, and all ceilings with
asbestos-containing material in single family residences and
buildings with no more than four dwelling units.
Asbestos-related work includes asbestos abatement area
preparation; enclosure, removal, encapsulation, or repair
operations; and an air quality monitoring specified in rule to
assure that the abatement and adjacent areas are not
contaminated with asbestos fibers during the project and after
completion.
For purposes of this subdivision, the quantity of asbestos
containing material applies separately for every project permit
fee paid under section 326.75, subdivision 3.
Sec. 20. Minnesota Statutes 1993 Supplement, section
326.75, subdivision 3, is amended to read:
Subd. 3. [PERMIT FEE.] One Five calendar day days before
beginning asbestos-related work, a person shall pay a project
permit fee to the commissioner equal to one percent of the total
costs of the asbestos-related work. For asbestos-related work
performed in single or multifamily residences, of greater than
ten but less than 260 linear feet of asbestos-containing
material on pipes, or greater than six but less than 160 square
feet of asbestos-containing material on other facility
components, a person shall pay a project permit fee of $35 to
the commissioner.
Sec. 21. [REVIEW AND CODIFICATION; LEAD LAWS AND
STATUTES.]
The commissioners of health, the pollution control agency,
and the housing finance agency in collaboration with the revisor
of statutes shall review current lead abatement standards,
statutes, laws, and rules, and propose a reorganization and
recodification to the legislature by January 10, 1995.
Sec. 22. [PROPOSAL FOR FEDERAL CONFORMING LEGISLATION.]
The commissioners of the pollution control agency, and the
department of health shall monitor federal rules proposed and
adopted for lead hazard reduction of public buildings and
structures under title X, of the federal Residential Lead-Based
Paint Hazard Reduction Act of 1992, Public Law Number 102-550.
The commissioner of health shall report to the legislature by
January 10, 1995, with a legislative proposal to bring Minnesota
law into conformance with the federal requirements for
accreditation of training, inspection, contracting, and
employment. The proposal shall be developed jointly with the
commissioners of other affected agencies.
Sec. 23. [FEDERAL TRAINING GRANTS.]
The commissioner shall identify and apply for federal
grants to subsidize the cost of the current lead abatement
training program and to increase the number of certified
trainers. The commissioner shall take necessary actions to
expand the number of certified trainers, and increase the
capacity of the current lead abatement training program to train
and certify contractors and employees as required under section
144.876, subdivision 1, and rules adopted under section 144.878,
subdivision 5.
Sec. 24. [REPEALER.]
(a) Minnesota Statutes 1993 Supplement, sections 144.8771,
subdivision 5; 144.8781, subdivisions 1, 2, 3, and 5; 157.082;
and 157.09, are repealed.
(b) Laws 1993, First Special Session chapter 1, article 9,
section 49, is repealed.
Sec. 25. [RULE DELAY.]
The requirement for testing of intact paint found in
Minnesota Rules, part 4761.0100, "Applicability," paragraph C,
shall not take effect until July 1, 1995.
Sec. 26. [EFFECTIVE DATE.]
Sections 1 to 25 are effective the day following final
enactment.
Presented to the governor May 3, 1994
Signed by the governor May 5, 1994, 3:22 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes