Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 213-S.F.No. 801
An act relating to health; recodifying and modifying
provisions relating to lead abatement law; amending
Minnesota Statutes 1994, sections 16B.61, subdivision
3; 116.87, subdivision 2; 144.99, subdivision 1;
268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and
by adding a subdivision; and 462A.05, subdivision 15c;
proposing coding for new law in Minnesota Statutes,
chapter 144; repealing Minnesota Statutes 1994,
sections 115C.082, subdivision 2; 144.871; 144.872;
144.873; 144.874; 144.876; 144.877; 144.8771; 144.878;
144.8781; 144.8782; and 144.879.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
LEAD HAZARD REDUCTION PROGRAM
Section 1. Minnesota Statutes 1994, 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.] 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 1994, section 116.87,
subdivision 2, is amended to read:
Subd. 2. [RESIDENCE.] The term "residence" has the meaning
given in rules adopted under sections 144.871 144.9501 to
144.879 144.9509.
Sec. 3. [144.9501] [DEFINITIONS.]
Subdivision 1. [CITATION.] Sections 144.9501 to 144.9509
may be cited as the "childhood lead poisoning act."
Subd. 2. [APPLICABILITY.] The definitions in this section
apply to sections 144.9501 to 144.9509.
Subd. 3. [ABATEMENT.] (a) "Abatement" means any set of
measures designed to permanently eliminate lead-based paint
hazards, defined in United States Code, title 42, section 4851,
of the federal Housing and Community Development Act of 1992,
and that exceed the standards adopted under section 144.9508.
Abatement includes:
(1) the removal of lead-based paint and lead-contaminated
dust, the permanent containment or encapsulation of lead-based
paint, the replacement of lead-painted surfaces or fixtures, and
the removal or covering of lead-contaminated soil; and
(2) all preparation, cleanup, disposal, and postabatement
clearance testing activities associated with these measures.
(b) Abatement does not include:
(1) activities such as remodeling, renovation,
installation, rehabilitation, or landscaping activities whose
primary intent is to remodel, repair, or restore a given
structure or dwelling, rather than to permanently eliminate
lead-based paint hazards, even though these activities may
incidentally result in a reduction in lead-based paint hazards;
and
(2) interim controls for the temporary reduction of
exposure to lead hazards such as lead-specific cleaning,
repairs, maintenance, painting, and temporary containment.
Subd. 4. [AREAS AT HIGH RISK FOR TOXIC LEAD EXPOSURE.]
"Areas at high risk for toxic lead exposure" means a census
tract which meets one or more of the following criteria:
(1) elevated blood lead levels have been diagnosed in a
population of children or pregnant females;
(2) many residential structures that are known to have or
suspected of having deteriorated lead-based paint; or
(3) median soil lead concentrations are greater than 100
parts per million for samples collected according to rules
adopted under section 144.9508.
Subd. 5. [BARE SOIL.] "Bare soil" means any visible soil
that is at least an area of 36 contiguous square inches.
Subd. 6. [BOARD OF HEALTH.] "Board of health" means an
administrative authority established under section 145A.03.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of the Minnesota department of health.
Subd. 8. [DETERIORATED PAINT.] "Deteriorated paint" means
paint that is chipped, peeled, or otherwise separated from its
substrate or that is attached to damaged substrate.
Subd. 9. [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead
level" means a diagnostic blood lead test with a result that is
equal to or greater than ten micrograms of lead per deciliter of
whole blood in any person, unless the commissioner finds that a
lower concentration is necessary to protect public health.
Subd. 10. [ENCAPSULATION.] "Encapsulation" means covering
a surface coated with paint that exceeds the standards under
section 144.9508 with a liquid or solid material, approved by
the commissioner, that adheres to the surface, rather than
mechanically attaches to it; or covering bare soil that exceeds
the standards under section 144.9508 with a permeable material
such as vegetation, mulch, or soil that meets the standards
under section 144.9508.
Subd. 11. [ENCLOSURE.] "Enclosure" means covering a
surface coated with paint that exceeds the standards under
section 144.9508 by mechanically fastening to the surface a
durable, solid material approved by the commissioner; or
covering bare soil that exceeds the standards under section
144.9508 with an impermeable material, such as asphalt or
concrete.
Subd. 12. [INSPECTING AGENCY.] "Inspecting agency" means
the commissioner or a board of health.
Subd. 13. [INTACT PAINT.] "Intact paint" means paint that
is not chipped, peeled, or otherwise separated from its
substrate or attached to damaged substrate. Painted surfaces
which may generate dust but are not chipped, peeled, or
otherwise separated from their substrate or attached to damaged
substrate are considered to be intact paint.
Subd. 14. [LEAD CONTRACTOR.] "Lead contractor" means any
person who is licensed by the commissioner under section
144.9505.
Subd. 15. [LEAD HAZARD.] "Lead hazard" means a condition
that causes exposure to lead from dust, bare soil, drinking
water, or deteriorated paint that exceeds the standards adopted
under section 144.9508.
Subd. 16. [LEAD HAZARD MANAGEMENT.] "Lead hazard
management" means a process by which a residence is made
lead-safe through the use of lead-safe directives provided for
under section 144.9503.
Subd. 17. [LEAD HAZARD REDUCTION.] "Lead hazard reduction"
means action undertaken in response to a lead order to make a
residence, child care facility, school, or playground lead-safe
by complying with the lead standards and methods adopted under
section 144.9508, by:
(1) a property owner or lead contractor complying with a
lead order issued under section 144.9504; or
(2) a swab team service provided in response to a lead
order issued under section 144.9504.
Subd. 18. [LEAD INSPECTION.] "Lead inspection" means a
qualitative or quantitative analytical inspection of a residence
for deteriorated paint or bare soil and the collection of
samples of deteriorated paint, bare soil, dust, or drinking
water for analysis to determine if the lead concentrations in
the samples exceed standards adopted under section 144.9508.
Lead inspection includes the clearance inspection after the
completion of a lead order.
Subd. 19. [LEAD INSPECTOR.] "Lead inspector" means a
person who is licensed by the commissioner to perform a lead
inspection under section 144.9506.
Subd. 20. [LEAD ORDER.] "Lead order" means a legal
instrument to compel a property owner to engage in lead hazard
reduction according to the specifications given by the
inspecting agency.
Subd. 21. [LEAD-SAFE.] "Lead-safe" means a condition in
which lead may be present at the residence, child care facility,
school, or playground, if the lead concentration in the dust,
paint, soil, and water of a residence does not exceed the
standards adopted under section 144.9508, or, if the lead
concentrations in the paint or soil do exceed the standards, the
paint is intact and the soil is not bare.
Subd. 22. [LEAD-SAFE DIRECTIVES.] "Lead-safe directives"
means methods for construction, renovation, remodeling, or
maintenance activities that are not regulated as abatement or
lead hazard reduction and that are performed so that they do not:
(1) violate the standards under section 144.9508;
(2) create lead dust through the use of prohibited
practices;
(3) leave debris or a lead residue that can form a dust;
(4) provide a readily accessible source of lead dust, lead
paint, lead paint chips, or lead contaminated soil, after the
use of containment methods; and
(5) result in improper disposal of lead contaminated
debris, dust, or soil.
Subd. 23. [LEAD WORKER.] "Lead worker" means any person
who is certified by the commissioner under section 144.9505.
Subd. 24. [PERSON.] "Person" has the meaning given in
section 326.71, subdivision 8.
Subd. 25. [PERSONS AT HIGH RISK FOR ELEVATED BLOOD LEAD
LEVEL.] "Persons at high risk for elevated blood lead level"
means:
(1) a child between six and 72 months of age:
(a) who lives in or visits, at least weekly, a residence,
child care facility, or school built before 1978 which has
peeling or chipping paint, ongoing remodeling or renovation, or
bare soil; or
(b) who has a sibling, housemate, or playmate who has been
diagnosed with an elevated blood lead level in the last 12
months; and
(2) a pregnant female or a child between six and 72 months
of age:
(a) who lives in a census tract found to have a median
foundation soil lead value exceeding 100 parts per million of
lead;
(b) who lives near an industrial point source that emits
lead;
(c) who lives near a road with an average daily traffic
which exceeded 5,000 vehicles per day in 1986 or earlier; or
(d) who lives with a person whose occupation or hobby
involves exposure to lead.
Subd. 26. [PRIMARY PREVENTION.] "Primary prevention" means
preventing toxic lead exposure before blood levels become
elevated.
Subd. 27. [SAFE HOUSING.] "Safe housing" means a residence
that is lead-safe.
Subd. 28. [SECONDARY PREVENTION.] "Secondary prevention"
means intervention to mitigate health effects on people with
elevated blood lead levels.
Subd. 29. [SWAB TEAM SERVICES.] "Swab team services" means
activities that provide protection from lead hazards such as:
(1) removing lead dust by washing, vacuuming with high
efficiency particle accumulator (HEPA) or wet vacuum cleaners,
and cleaning the interior of residential property;
(2) removing loose paint and paint chips and reporting or
installing guards to protect intact paint;
(3) covering or replacing bare soil that has a lead
concentration of 100 parts per million or more;
(4) health education;
(5) advice and assistance to help residents locate and move
to a temporary residence while lead hazard reduction is being
completed; or
(6) any other assistance necessary to meet the resident's
immediate needs as a result of the relocation.
Subd. 30. [SWAB TEAM WORKER.] "Swab team worker" means a
person who is certified under section 144.9505.
Subd. 31. [VENOUS BLOOD SAMPLE.] "Venous blood sample"
means a quantity of blood drawn from a vein.
Subd. 32. [VOLUNTARY LEAD HAZARD REDUCTION.] "Voluntary
lead hazard reduction" means action undertaken by a property
owner with the intention to engage in lead hazard reduction or
abatement, but not in response to the issuance of a lead order.
Sec. 4. [144.9502] [LEAD SURVEILLANCE AND THE OCCURRENCE
OF LEAD IN THE ENVIRONMENT.]
Subdivision 1. [SURVEILLANCE.] The commissioner of health
shall establish a statewide lead surveillance system. The
purpose of this system is to:
(a) monitor blood lead levels in children and adults to
identify trends and populations at high risk for elevated blood
lead levels;
(b) ensure that screening services are provided to
populations at high risk for elevated blood lead levels;
(c) ensure that medical and environmental follow-up
services for children with elevated blood lead levels are
provided; and
(d) provide accurate and complete data for planning and
implementing primary prevention programs that focus on the
populations at high risk for elevated blood lead levels.
Subd. 2. [STUDIES AND SURVEYS.] The commissioner of health
shall collect blood lead level and exposure information, analyze
the information, and conduct studies designed to determine the
potential for high risk for elevated blood lead levels among
children and adults.
Subd. 3. [REPORTS OF BLOOD LEAD ANALYSIS REQUIRED.] Every
hospital, medical clinic, medical laboratory, or other facility
performing blood lead analysis shall report the results after
the analysis of each specimen analyzed, for both capillary and
venous specimens, and epidemiologic information required in this
section to the commissioner of health, within the time frames
set forth in clauses (1) and (2):
(1) within two working days by telephone, fax, or
electronic transmission, with written or electronic confirmation
within one month, for a venous blood lead level equal to or
greater than 15 micrograms of lead per deciliter of whole blood;
or
(2) within one month in writing or by electronic
transmission, for a capillary or venous blood lead level less
than 15 micrograms of lead per deciliter of whole blood.
The commissioner shall coordinate with hospitals, medical
clinics, medical laboratories, and other facilities performing
blood lead analysis to develop a universal reporting form and
mechanism.
The reporting requirements of this subdivision shall expire
on December 31, 1997. Beginning January 1, 1998, every
hospital, medical clinic, medical laboratory, or other facility
performing blood lead analysis shall report the results within
two working days by telephone, fax, or electronic transmission,
with written or electronic confirmation within one month, for
capillary or venous blood lead level equal to the level for
which reporting is recommended by the Center for Disease Control.
Subd. 4. [BLOOD LEAD ANALYSES AND EPIDEMIOLOGIC
INFORMATION.] The blood lead analysis reports required in this
section must specify:
(1) whether the specimen was collected as a capillary or
venous sample;
(2) the date the sample was collected;
(3) the results of the blood lead analysis;
(4) the date the sample was analyzed;
(5) the method of analysis used;
(6) the full name, address, and phone number of the
laboratory performing the analysis;
(7) the full name, address, and phone number of the
physician or facility requesting the analysis;
(8) the full name, address, and phone number of the person
with the elevated blood lead level, and the person's birthdate,
gender, and race.
Subd. 5. [FOLLOW-UP EPIDEMIOLOGIC INFORMATION.] The
follow-up epidemiologic information required in this section
must specify:
(1) the name, address, and phone number of the agency or
individual contacted to investigate the environment of the
person with the elevated blood lead level to determine the
sources of lead exposure; and
(2) the name, address, and phone number of all agencies or
individuals to whom the person or the person's guardian was
referred for education about the sources, effects, and
prevention of lead exposure.
Subd. 6. [PAINT, SOIL, DUST, AND DRINKING WATER LEAD
ANALYSIS.] Every laboratory or other institution performing lead
analysis on paint, soil, dust, or drinking water shall report
the results to the commissioner of each specimen analysis and
epidemiologic information required in this section. The paint,
soil, dust, and drinking water analysis report must specify:
(1) the date the sample was collected;
(2) the type of sample tested;
(3) the results of the lead sample analysis;
(4) the method of analysis used;
(5) the date the sample was analyzed;
(6) the full name, address, and phone number of the
laboratory performing the analysis;
(7) the full name, address, and phone number of the
individual or agency requesting the analysis; and
(8) the address of the property and the owner of the
property where the sample was collected.
Subd. 7. [REPORTING WITHOUT LIABILITY.] The furnishing of
the information required under this section shall not subject
the person, laboratory, or other facility furnishing the
information to any action for damages or relief.
Subd. 8. [LABORATORY STANDARDS.] (a) A laboratory
performing blood lead analysis shall use methods that:
(1) meet or exceed the proficiency standards established in
the federal Clinical Laboratory Improvement Regulations, Code of
Federal Regulations, title 42, section 493, promulgated in
accordance with the Clinical Laboratory Improvement Act
amendments of 1988, Public Law Number 100-578; or
(2) meet or exceed the Occupational Safety and Health
Standards for Lead in General Industries, Code of Federal
Regulations, section 1910.1025, and Occupational Safety and
Health Standards for Lead in Construction, Code of Federal
Regulations, section 1926.62.
(b) A laboratory performing lead analysis of paint, soil,
dust, or drinking water shall use methods that meet or exceed
the proficiency standards established in the National Lead
Accreditation Program pursuant to United States Code, title 42,
section 4851, of the federal Housing and Community Development
Act.
Subd. 9. [CLASSIFICATION OF DATA.] Notwithstanding any law
to the contrary, including section 13.05, subdivision 9, data
collected by the commissioner of health about persons with
elevated blood lead levels, including analytic results from
samples of paint, soil, dust, and drinking water taken from the
individual's home and immediate property, shall be private and
may only be used by the commissioner of health and authorized
employees of local boards of health for the purposes set forth
in this section.
Sec. 5. [144.9503] [PRIMARY PREVENTION.]
Subdivision 1. [PRIMARY PREVENTION PROGRAM.] The
commissioner shall develop a primary prevention program to
reduce lead exposure in young children and pregnant women. The
commissioner shall develop a priority list for high risk census
tracts, provide primary prevention lead education, promote
primary prevention swab team services in cooperation with the
commissioner of economic security or housing finance, provide
lead cleanup equipment and material grants, monitor voluntary
lead hazard reduction or abatement, and develop lead-safe
directives in cooperation with the commissioner of
administration.
Subd. 2. [PRIORITIES FOR PRIMARY PREVENTION.] The
commissioner of health shall publish in the State Register a
priority list of census tracts at high risk for toxic lead
exposure. All local governmental units and boards of health
shall follow the priorities published in the State Register. In
establishing the list, the commissioner shall use the
surveillance data collected under section 144.9502 and other
information as appropriate or specified in this section and
shall award points to each census tract on which information is
available. The priority for primary prevention 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 of
whole blood. The commissioner shall revise and update the
priority list at least every five years. Points shall be
awarded as specified in paragraphs (a) to (c).
(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 of whole
blood. An additional point shall be awarded if one percent of
the children had blood lead levels greater than 20 micrograms of
lead 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 of lead per deciliter
of whole blood.
(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 titled "Distribution of
Houseside Lead Content of Soil-Dust in the Twin Cities,"
prepared by the Center for Urban and Regional Affairs, Humphrey
Institute, University of Minnesota, Publication 1989, Center for
Urban and Regional Affairs 89-4. 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 census tract. Values for
census tracts may be updated by surveying the census tract
according to the procedures adopted under this section.
Subd. 3. [PRIMARY PREVENTION LEAD EDUCATION STRATEGY.] The
commissioner of health shall develop a primary prevention lead
education strategy to prevent lead exposure. The strategy shall
specify:
(1) the development of lead education materials that
describe the health effects of lead exposure, safety measures,
and methods to be used in the lead hazard reduction process;
(2) the provision of lead education materials to the
general public;
(3) the provision of lead education materials to property
owners, landlords, and tenants by swab team workers and public
health professionals, such as nurses, sanitarians, health
educators, other public health professionals in areas at high
risk for toxic lead exposure; and
(4) the promotion of awareness of community, legal, and
housing resources.
Subd. 4. [SWAB TEAM SERVICES.] Primary prevention must
include the use of swab team services in census tracts
identified at high risk for toxic lead exposure as identified by
the commissioner under this section. The swab team services may
be provided based on visual inspections whenever possible and
must at least include lead hazard management for deteriorated
interior lead-based paint, bare soil, and dust.
Subd. 5. [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a)
Nonprofit community-based organizations in areas at high risk
for toxic lead exposure, as determined by the commissioner under
this section, may apply for grants from the commissioner to
purchase lead cleanup equipment and materials and to pay for
training for staff and volunteers for lead certification.
(b) For the purposes of this section, lead cleanup
equipment and materials means high efficiency particle
accumulator (HEPA) and wet vacuum cleaners, wash water filters,
mops, buckets, hoses, sponges, protective clothing, drop cloths,
wet scraping equipment, secure containers, 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.
(c) The grantee's staff and volunteers may make lead
cleanup equipment and materials available to residents and
property owners and instruct them on the proper use of the
equipment. Lead cleanup equipment and materials must be made
available to low-income households, as defined by federal
guidelines, on a priority basis at no fee, and other households
on a sliding fee scale.
(d) The grantee shall not charge a fee for services
performed using the equipment or materials.
Subd. 6. [VOLUNTARY LEAD HAZARD REDUCTION.] The
commissioner shall monitor the lead hazard reduction methods
adopted under section 144.9508 in cases of voluntary lead hazard
reduction. All contractors hired to do voluntary lead hazard
reduction must be licensed lead contractors. If a property
owner does not use a lead contractor for voluntary lead hazard
reduction, the property owner shall provide the commissioner
with a plan for lead hazard reduction at least ten working days
before beginning the lead hazard reduction. The plan must
include the details required in section 144.9505, and notice as
to when lead hazard reduction activities will begin. No penalty
shall be assessed against a property owner for discontinuing
voluntary lead hazard reduction before completion of the plan,
provided that the property owner discontinues the plan in a
manner that leaves the property in a condition no more hazardous
than its condition before the plan implementation.
Subd. 7. [LEAD-SAFE DIRECTIVES.] By July 1, 1995, and
amended and updated as necessary, the commissioner shall develop
in cooperation with the commissioner of administration
provisions and procedures to define lead-safe directives for
residential remodeling, renovation, installation, and
rehabilitation activities that are not lead hazard reduction,
but may disrupt lead-based paint surfaces. The provisions and
procedures shall define lead-safe directives for nonlead hazard
reduction activities including preparation, cleanup, and
disposal procedures. The directives shall be based on the
different levels and types of work involved and the potential
for lead hazards. The directives shall address activities
including 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, 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. The commissioner of health shall report to the
legislature by February 15, 1996, regarding development of the
provisions required under this subdivision.
Subd. 8. [CERTIFICATION FOR LEAD SAFE HOUSING.] The
commissioner shall propose to the legislature a program to
certify residences as lead safe by February 15, 1996.
Subd. 9. [LANDLORD TENANT STUDY.] The commissioner of
health shall conduct or contract for a study of the legal
responsibilities of tenants and landlords in the prevention of
lead hazards, and shall report the findings to the legislature,
along with recommendations as to any changes needed to clarify
or modify current law by January 15, 1996. In conducting the
study, the commissioner shall convene any public meetings
necessary to hear the testimony and recommendations of
interested parties, and shall invite and consider written public
comments.
Sec. 6. [144.9504] [SECONDARY PREVENTION.]
Subdivision 1. [JURISDICTION.] (a) A board of health
serving cities of the first class must conduct lead inspections
for purposes of secondary prevention, according to the
provisions of this section. A board of health not serving
cities of the first class must conduct lead inspections for the
purposes of secondary prevention, unless they certify in writing
to the commissioner by January 1, 1996, that they desire to
relinquish these duties back to the commissioner. At the
discretion of the commissioner, a board of health may, upon
written request to the commissioner, resume these duties.
(b) Inspections must be conducted by a board of health
serving a city of the first class. The commissioner must
conduct lead inspections in any area not including cities of the
first class where a board of health has relinquished to the
commissioner the responsibility for lead inspections. The
commissioner shall coordinate with the board of health to ensure
that the requirements of this section are met.
(c) The commissioner may assist boards of health by
providing technical expertise, equipment, and personnel to
boards of health. 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
lead inspections.
(d) The commissioner shall enforce the rules under section
144.9508 in cases of voluntary lead hazard reduction.
Subd. 2. [LEAD INSPECTION.] (a) An inspecting agency shall
conduct a lead inspection of a residence according to the venous
blood lead level and time frame set forth in clauses (1) to (4)
for purposes of secondary prevention:
(1) within 48 hours of a child or pregnant female in the
residence being identified to the agency as having a venous
blood lead level equal to or greater than 70 micrograms of lead
per deciliter of whole blood;
(2) within five working days of a child or pregnant female
in the residence being identified to the agency as having a
venous blood lead level equal to or greater than 45 micrograms
of lead per deciliter of whole blood;
(3) within ten working days of a child or pregnant female
in the residence being identified to the agency as having a
venous blood lead level equal to or greater than 20 micrograms
of lead per deciliter of whole blood; or
(4) within ten working days of a child or pregnant female
in the residence being identified to the agency as having a
venous blood lead level that persists in the range of 15 to 19
micrograms of lead per deciliter of whole blood for 90 days
after initial identification.
(b) Within the limits of available state and federal
appropriations, an inspecting agency may also conduct a lead
inspection for children with any elevated blood lead level.
(c) In a building with two or more dwelling units, an
inspecting agency shall inspect the individual unit in which the
conditions of this section are met and shall also inspect all
common areas. If a child visits one or more other sites such as
another residence, or a residential or commercial child care
facility, playground, or school, the inspecting agency shall
also inspect the other sites. The inspecting agency shall have
one additional day added to the time frame set forth in this
subdivision to complete the lead inspection for each additional
site.
(d) The inspecting agency shall identify the known
addresses for the previous 12 months of the child or pregnant
female with elevated blood lead levels; notify the property
owners, landlords, and tenants at those addresses that an
elevated blood lead level was found in a person who resided at
the property; and give them a copy of the lead inspection guide.
This information shall be classified as private data on
individuals as defined under section 13.02, subdivision 12.
(e) The inspecting agency shall conduct the lead inspection
according to rules adopted by the commissioner under section
144.9508. An inspecting agency shall have lead inspections
performed by lead inspectors licensed by the commissioner
according to rules adopted under section 144.9508. If a
property owner refuses to allow an inspection, the inspecting
agency shall begin legal proceedings to gain entry to the
property and the time frame for conducting a lead inspection set
forth in this subdivision no longer applies. An inspector or
inspecting agency may observe the performance of lead hazard
reduction in progress and shall enforce the provisions of this
section under section 144.9509. Deteriorated painted surfaces,
bare soil, dust, and drinking water must be tested with
appropriate analytical equipment to determine the lead content,
except that deteriorated painted surfaces or bare soil need not
be tested if the property owner agrees to engage in lead hazard
reduction on those surfaces.
(f) A lead inspector shall notify the commissioner and the
board of health of all violations of lead standards under
section 144.9508, that are identified in a lead inspection
conducted under this section.
(g) Each inspecting agency shall establish an
administrative appeal procedure which allows a property owner to
contest the nature and conditions of any lead order issued by
the inspecting agency. Inspecting agencies must consider
appeals that propose lower cost methods that make the residence
lead safe.
(h) Sections 144.9501 to 144.9509 neither authorize nor
prohibit an inspecting agency from charging a property owner for
the cost of a lead inspection.
Subd. 3. [LEAD EDUCATION STRATEGY.] At the time of a lead
inspection or following a lead order, the inspecting agency
shall ensure that a family will receive a visit at their
residence by a swab team worker or public health professional,
such as a nurse, sanitarian, public health educator, or other
public health professional. The swab team worker or public
health professional shall inform the property owner, landlord,
and the tenant of the health-related aspects of lead exposure;
nutrition; safety measures to minimize exposure; methods to be
followed before, during, and after the lead hazard reduction
process; and community, legal, and housing resources. If a
family moves to a temporary residence during the lead hazard
reduction process, lead education services should be provided at
the temporary residence whenever feasible.
Subd. 4. [LEAD INSPECTION GUIDES.] (a) The commissioner of
health shall develop or purchase lead inspection guides that
enable parents and other caregivers to assess the possible lead
sources present and that suggest lead hazard reduction actions.
The guide must provide information on lead hazard reduction and
disposal methods, sources of equipment, and telephone numbers
for additional information to enable the persons to either
select a lead contractor or perform the lead hazard reduction.
The guides must explain:
(1) the requirements of this section and rules adopted
under section 144.9508;
(2) information on the administrative appeal procedures
required under this section;
(3) summary information on lead-safe directives;
(4) be understandable at an eighth grade reading level; and
(5) be translated for use by non-English-speaking persons.
(b) An inspecting agency shall provide the lead inspection
guides at no cost to:
(1) parents and other caregivers of children who are
identified as having blood lead levels of at least ten
micrograms of lead per deciliter of whole blood;
(2) all property owners who are issued housing code or lead
orders requiring lead hazard reduction of lead sources and all
occupants of those properties; and
(3) occupants of residences adjacent to the inspected
property.
(c) An inspecting agency shall provide the lead inspection
guides on request to owners or occupants of residential
property, builders, contractors, inspectors, and the public
within the jurisdiction of the inspecting agency.
Subd. 5. [LEAD ORDERS.] An inspecting agency, after
conducting a lead inspection, shall order a property owner to
perform lead hazard reduction on all lead sources that exceed a
standard adopted according to section 144.9508. If lead
inspections and lead orders are conducted at times when weather
or soil conditions do not permit the lead inspection or lead
hazard reduction, external surfaces and soil lead shall be
inspected, and lead orders complied with, if necessary, at the
first opportunity that weather and soil conditions allow. If
the paint standard under section 144.9508 is violated, but the
paint is intact, the inspecting agency shall not order the paint
to be removed unless the intact paint is a known source of
actual lead exposure to a specific person. Before the
inspecting agency 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 and methods. Whenever windows and doors or other
components covered with deteriorated lead-based paint have sound
substrate or are not rotting, those components should be
repaired, sent out for stripping or be planed down to remove
deteriorated lead-based paint or covered with protective guards
instead of being replaced, provided that such an activity is the
least cost method. Lead orders must require that any source of
damage, such as leaking roofs, plumbing, and windows, be
repaired or replaced, as needed, to prevent damage to
lead-containing interior surfaces. The inspecting agency is not
required to pay for lead hazard reduction. Lead orders must be
issued within 30 days of receiving the blood lead level
analysis. The inspecting agency shall enforce the lead orders
issued to a property owner under this section. A copy of the
lead order must be forwarded to the commissioner.
Subd. 6. [SWAB TEAM SERVICES.] After a lead inspection or
after issuing lead orders, the inspecting agency, within the
limits of appropriations and availability, shall offer the
property owner the services of a swab team free of charge and,
if accepted, shall send a swab team within ten working days to
the residence to perform swab team services as defined in
section 144.9501. If the inspecting agency provides swab team
services after a lead inspection, but before the issuance of a
lead order, swab team services do not need to be repeated after
the issuance of the lead order if the swab team services
fulfilled the lead order. Swab team services are not considered
completed until the clearance inspection required under this
section shows that the property is lead safe.
Subd. 7. [RELOCATION OF RESIDENTS.] (a) An inspecting
agency shall ensure that residents are relocated from rooms or
dwellings during a lead hazard reduction process that generates
leaded dust, such as removal or disruption of lead-based paint
or plaster that contains lead. Residents shall not remain in
rooms or dwellings where the lead hazard reduction process is
occurring. An inspecting agency is not required to pay for
relocation unless state or federal funding is available for this
purpose. The inspecting agency shall make an effort to assist
the resident in locating resources that will provide assistance
with relocation costs. Residents shall be allowed to return to
the residence or dwelling after completion of the lead hazard
reduction process. An inspecting agency shall use grant funds
under section 144.9507 if available, in cooperation with local
housing agencies, to pay for moving costs and rent for a
temporary residence for any low-income resident temporarily
relocated during lead hazard reduction. For purposes of this
section, "low-income resident" means any resident whose gross
household income is at or below 185 percent of federal poverty
level.
(b) A resident of rental property who is notified by an
inspecting agency to vacate the premises during lead hazard
reduction, notwithstanding any rental agreement or lease
provisions:
(1) shall not be required to pay rent due the landlord for
the period of time the tenant vacates the premises due to lead
hazard reduction;
(2) may elect to immediately terminate the tenancy
effective on the date the tenant vacates the premises due to
lead hazard reduction; and
(3) shall not, if the tenancy is terminated, be liable for
any further rent or other charges due under the terms of the
tenancy.
(c) A landlord of rental property whose tenants vacate the
premises during lead hazard reduction shall:
(1) allow a tenant to return to the dwelling unit after
lead hazard reduction and clearance inspection, required under
this section, is completed, unless the tenant has elected to
terminate the tenancy as provided for in paragraph (b); and
(2) return any security deposit due under section 504.20
within five days of the date the tenant vacates the unit, to any
tenant who terminates tenancy as provided for in paragraph (b).
Subd. 8. [PROPERTY OWNER RESPONSIBILITY.] Property owners
shall comply with lead orders issued under this section within
60 days or be subject to enforcement actions as provided under
section 144.9509. For orders or portions of orders concerning
external lead hazards, property owners shall comply within 60
days, or as soon thereafter as weather permits. If the property
owner does not use a lead contractor for compliance with the
lead orders, the property owner shall submit a plan for approval
by the inspecting agency within 30 days after receiving the
orders. The plan must include the details required in section
144.9505 as to how the property owner intends to comply with the
lead orders and notice as to when lead hazard reduction
activities will begin.
Subd. 9. [CLEARANCE INSPECTION.] After completion of swab
team services and compliance with the lead orders by the
property owner, including any repairs ordered by a local housing
or building inspector, the inspecting agency shall conduct a
clearance inspection by visually inspecting the residence for
deteriorated paint and bare soil and retest the dust lead
concentration in the residence to assure that violations of the
lead standards under section 144.9508 no longer exist. The
inspecting agency is not required to test a dwelling unit after
lead hazard reduction that was not ordered by the inspecting
agency.
Subd. 10. [CASE CLOSURE.] A lead inspection is completed
and the responsibility of the inspecting agency ends when all of
the following conditions are met:
(1) lead orders are written on all known sources of
violations of lead standards under section 144.9508;
(2) compliance with all lead orders has been completed; and
(3) clearance inspections demonstrate that no deteriorated
lead paint, bare soil, or lead dust levels exist that exceed the
standards adopted under section 144.9508.
Subd. 11. [LOCAL ORDINANCES.] No unit of local government
shall have an ordinance, regulation, or practice which requires
property owners to comply with any lead hazard reduction order
in a period of time shorter than the period established for
compliance with lead orders under this section.
Sec. 7. [144.9505] [LICENSING OF LEAD CONTRACTORS AND
CERTIFICATION OF WORKERS.]
Subdivision 1. [LICENSING AND CERTIFICATION.] (a) Lead
contractors shall, before performing abatement or lead hazard
reduction, obtain a license from the commissioner. Workers for
lead contractors shall obtain certification from the
commissioner. The commissioner shall specify training and
testing requirements for licensure and certification as required
in section 144.9508 and shall charge a fee for the cost of
issuing a license or certificate and for training provided by
the commissioner. Fees collected under this section shall be
set in amounts to be determined by the commissioner to cover but
not exceed the costs of adopting rules under section 144.9508,
the costs of licensure, certification, and training, and the
costs of enforcing licenses and certificates under this
section. All fees received shall be paid into the state
treasury and credited to the lead abatement licensing and
certification account and are appropriated to the commissioner
to cover costs incurred under this section and section 144.9508.
(b) Contractors shall not advertise or otherwise present
themselves as lead contractors unless they have lead contractor
licenses issued by the department of health.
Subd. 2. [LEAD TRAINING.] Lead abatement and lead hazard
reduction 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, lead abatement and lead hazard reduction methods,
lead-safe directives, decontamination procedures, cleanup and
waste disposal procedures, lead monitoring and testing methods,
swab team services, and legal rights and responsibilities.
Subd. 3. [LICENSED BUILDING CONTRACTOR; INFORMATION.] The
commissioner shall provide health and safety information on lead
abatement and lead hazard reduction to all residential building
contractors licensed under section 326.84. The information must
include the lead-safe directives and any other materials
describing ways to protect the health and safety of both workers
and residents.
Subd. 4. [NOTICE OF LEAD ABATEMENT OR LEAD HAZARD
REDUCTION WORK.] (a) At least five days before starting work at
each lead abatement or lead hazard reduction worksite, the
person performing the lead abatement or lead hazard reduction
work shall give written notice and an approved work plan as
required in this section to the commissioner and the appropriate
board of health.
(b) This provision does not apply to swab team workers
performing work under an order of an inspecting agency.
Subd. 5. [ABATEMENT OR LEAD HAZARD REDUCTION PLANS.] (a) A
lead contractor shall present a lead abatement or lead hazard
reduction work plan to the property owner with each bid or
estimate for lead abatement or lead hazard reduction work. The
plan does not replace or supersede more stringent contractual
agreements. A written lead abatement or lead hazard reduction
plan must be prepared which describes the equipment and
procedures to be used throughout the lead abatement or lead
hazard reduction work project. At a minimum, the plan must
describe:
(1) the building area and building components to be worked
on;
(2) the amount of lead-containing material to be removed,
encapsulated, or enclosed;
(3) the schedule to be followed for each work stage;
(4) the workers' personal protection equipment and
clothing;
(5) the dust suppression and debris containment methods;
(6) the lead abatement or lead hazard reduction methods to
be used on each building component;
(7) cleaning methods;
(8) temporary, on-site waste storage, if any; and
(9) the methods for transporting waste material and its
destination.
(b) A lead contractor shall itemize the costs for each item
listed in paragraph (a) and for any other expenses associated
with the lead abatement or lead hazard reduction work and shall
present these costs to the property owner with any bid or
estimate for lead abatement or lead hazard reduction work.
(c) A lead contractor shall keep a copy of the plan readily
available at the worksite for the duration of the project and
present it to the inspecting agency on demand.
(d) A lead contractor shall keep a copy of the plan on
record for one year after completion of the project and shall
present it to the inspecting agency on demand.
(e) This provision does not apply to swab team workers
performing work under an order of an inspecting agency or
providing services at no cost to a property owner with funding
under a state or federal grant.
Sec. 8. [144.9506] [LICENSING OF LEAD INSPECTORS.]
Subdivision 1. [LICENSE REQUIRED.] (a) A lead inspector
shall obtain a license before performing lead inspections and
shall renew it annually. The commissioner shall charge a fee
and require annual training, as specified in this section. A
lead inspector shall have the inspector's license readily
available at all times at an inspection site and make it
available, on request, for inspection by the inspecting agency
with jurisdiction over the site. A license shall not be
transferred.
(b) Individuals shall not advertise or otherwise present
themselves as lead inspectors unless licensed by the
commissioner.
Subd. 2. [LICENSE APPLICATION.] An application for a
license or license renewal shall be on a form provided by the
commissioner and shall include:
(1) a $50 nonrefundable fee, in a form approved by the
commissioner; and
(2) evidence that the applicant has successfully completed
a lead inspector training course approved under this section or
from another state with which the commissioner has established
reciprocity. The fee required in this section is waived for
federal, state, or local government employees within Minnesota.
Subd. 3. [LICENSE RENEWAL.] A license is valid for one
year from the issuance date unless the commissioner revokes or
suspends it, except that the initial license will be issued to
expire one year after the completion date on the approved
training course diploma. An applicant shall successfully
complete either an approved annual refresher lead inspection
training course or a repeat of the approved initial lead
inspection training course in order to apply for license renewal.
Subd. 4. [LICENSE REPLACEMENT.] A licensed lead inspector
may obtain a replacement license by reapplying for a license. A
replacement expires on the same date as the original license. A
nonrefundable $25 fee is required with each replacement
application.
Subd. 5. [APPROVAL OF LEAD INSPECTION COURSE.] A lead
inspection course sponsored by the United States Environmental
Protection Agency is an approved course for the purpose of this
section, providing it covers the criteria listed in section
144.9505. The commissioner shall evaluate for approval by
permit lead inspector courses other than those approved by the
United States Environmental Protection Agency.
Sec. 9. [144.9507] [LEAD-RELATED FUNDING.]
Subdivision 1. [LEAD EDUCATION STRATEGY CONTRACTS.] The
commissioner shall, within available federal or state
appropriations, contract with:
(1) boards of health to provide funds for lead education as
provided for in sections 144.9503 and 144.9504; and
(2) swab team workers and community-based advocacy groups
to provide funds for lead education for primary prevention of
toxic lead exposure in areas at high risk for toxic lead
exposure.
Subd. 2. [LEAD INSPECTION CONTRACTS.] The commissioner
shall, within available federal or state appropriations,
contract with boards of health to conduct lead inspections to
determine sources of lead contamination and to issue and enforce
lead orders according to section 144.9504.
Subd. 3. [TEMPORARY LEAD-SAFE HOUSING CONTRACTS.] The
commissioner shall, within the limits of available
appropriations, contract with boards of health for temporary
housing, to be used in meeting relocation requirements in
section 144.9504, and award grants to boards of health for the
purposes of paying housing and relocation costs under section
144.9504.
Subd. 4. [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] The
commissioner shall, within the limits of available state or
federal appropriations, provide funds for lead cleanup equipment
and materials under a grant program to nonprofit community-based
organizations in areas at high risk for toxic lead exposure, as
provided for in section 144.9503.
Subd. 5. [FEDERAL LEAD-RELATED FUNDS.] To the extent
practicable under federal guidelines, the commissioner of health
shall coordinate with the commissioner of housing finance so
that at least 50 percent of federal lead funds are allocated for
swab team services.
To the extent practicable under federal guidelines, the
commissioner of health may also use federal funding to contract
with boards of health for purposes as specified in this section,
but only to the extent that the federal funds do not replace
existing funding for these lead services.
Sec. 10. [144.9508] [RULES.]
Subdivision 1. [SAMPLING AND ANALYSIS.] The commissioner
shall adopt, by rule, visual inspection and sampling and
analysis methods for:
(1) lead inspections under section 144.9504;
(2) environmental surveys of lead in paint, soil, dust, and
drinking water to determine census tracts that are areas at high
risk for toxic lead exposure;
(3) soil sampling for soil used as replacement soil; and
(4) drinking water sampling, which shall be done in
accordance with lab certification requirements and analytical
techniques specified by Code of Federal Regulations, title 40,
section 141.89.
Subd. 2. [LEAD STANDARDS AND METHODS.] (a) The
commissioner shall adopt rules establishing lead hazard
reduction standards and methods in accordance with the
provisions of this section, for lead in paint, dust, 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, child care facilities, playgrounds,
and schools.
(b) In the rules required by this section, the commissioner
shall differentiate between intact paint and deteriorated
paint. The commissioner shall require lead hazard reduction of
intact paint only if the commissioner finds that the intact
paint is on a chewable or lead-dust producing surface that is a
known source of actual lead exposure to a specific individual.
The commissioner shall prohibit methods that disperse lead dust
into the air that could accumulate to a level that would exceed
the lead dust standard specified under this section. The
commissioner shall work cooperatively with the commissioner of
administration to determine which lead hazard reduction methods
adopted under this section may be used for lead-safe directives
including prohibited practices, preparation, disposal, and
cleanup. The commissioner shall work cooperatively with the
commissioner of the pollution control agency to develop disposal
procedures. In adopting rules under this section, the
commissioner shall require the best available technology for
lead hazard reduction methods, paint stabilization, and
repainting.
(c) The commissioner of health shall adopt lead hazard
reduction standards and methods for lead in bare soil 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. The commissioner shall set a soil
replacement standard not to exceed 25 parts of lead per
million. Soil lead hazard reduction methods shall focus on
erosion control and covering of bare soil.
(d) The commissioner shall adopt lead hazard reduction
standards and methods for lead in dust in a manner to protect
the public health and environment. Dust standards shall use a
weight of lead per area measure and include dust on the floor,
on the window sills, and on window wells. Lead hazard reduction
methods for dust shall focus on dust removal and other practices
which minimize the formation of lead dust from paint, soil, or
other sources.
(e) The commissioner shall adopt lead hazard reduction
standards and methods for lead in drinking water both at the tap
and public water supply system or private well in a manner to
protect the public health and the environment. The commissioner
may adopt the rules for controlling lead in drinking water as
contained in Code of Federal Regulations, title 40, part 141.
Drinking water lead hazard reduction methods may include an
educational approach of minimizing lead exposure from lead in
drinking water.
(f) The commissioner of the pollution control agency shall
adopt rules to ensure that removal of exterior lead-based
coatings from residences and steel structures by abrasive
blasting methods is conducted in a manner that protects health
and the environment.
(g) All lead hazard reduction standards shall provide
reasonable margins of safety that are consistent with more than
a summary review of scientific evidence and an emphasis on
overprotection rather than underprotection when the scientific
evidence is ambiguous.
(h) No unit of local government shall have an ordinance or
regulation governing lead hazard reduction standards or methods
for lead in paint, dust, drinking water, or soil that require a
different lead hazard reduction standard or method than the
standards or methods established under this section.
(i) Notwithstanding paragraph (h), the commissioner may
approve the use by a unit of local government of an innovative
lead hazard reduction method which is consistent in approach
with methods established under this section.
Subd. 3. [LEAD CONTRACTORS AND WORKERS.] The commissioner
shall adopt rules to license lead contractors and to certify
workers of lead contractors who perform lead abatement or lead
hazard reduction.
Subd. 4. [LEAD TRAINING COURSE.] The commissioner shall
establish by rule a permit fee to be paid by a training course
provider on application for a training course permit or renewal
period for each lead-related training course required for
certification or licensure.
Subd. 5. [VARIANCES.] In adopting the rules required under
this section, the commissioner shall provide variance procedures
for any provision in rules adopted under this section, except
for the numerical standards for the concentrations of lead in
paint, dust, bare soil, and drinking water.
Subd. 6. [PROGRAM DIRECTIVES.] 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 this section in
ambiguous or unusual lead abatement situations. These program
directives are guidelines to local boards of health. The
commissioner shall periodically review lead abatement orders and
the program directives to determine if the rules under this
section need to be amended to reflect new understanding of lead
abatement practices and methods.
Sec. 11. [144.9509] [ENFORCEMENT.]
Subdivision 1. [ENFORCEMENT.] When the commissioner
exercises authority for enforcement, the provisions of sections
144.9501 to 144.9509 shall be enforced under the provisions of
sections 144.989 to 144.993. The commissioner shall develop a
model ordinance for boards of health to adopt to enforce section
144.9504. Boards of health shall enforce a lead order issued
under section 144.9504 under a local ordinance or as a public
health nuisance under chapter 145A.
Subd. 2. [DISCRIMINATION.] A person who discriminates
against or otherwise sanctions an employee who complains to or
cooperates with the inspecting agency in administering sections
144.9501 to 144.9509 is guilty of a petty misdemeanor.
Subd. 3. [ENFORCEMENT AND STATUS REPORT.] The commissioner
shall examine compliance with Minnesota's existing lead
standards and rules and report to the legislature biennially,
beginning February 15, 1997, including an evaluation of current
lead program activities by the state and boards of health, the
need for any additional enforcement procedures, recommendations
on developing a method to enforce compliance with lead
standards, and cost estimates for any proposed enforcement
procedure. The report shall also include a geographic analysis
of all blood lead assays showing incidence data and
environmental analyses reported or collected by the commissioner.
Sec. 12. Minnesota Statutes 1994, section 144.99,
subdivision 1, is amended to read:
Subdivision 1. [REMEDIES AVAILABLE.] The provisions of
chapters 103I and 157 and sections 115.71 to 115.82; 144.12,
subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13),
(14), and (15); 144.121; 144.35; 144.381 to 144.385; 144.411 to
144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 to 144.878
144.9501 to 144.9509; 144.992; 326.37 to 326.45; 326.57 to
326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules,
orders, stipulation agreements, settlements, compliance
agreements, licenses, registrations, certificates, and permits
adopted or issued by the department or under any other law now
in force or later enacted for the preservation of public health
may, in addition to provisions in other statutes, be enforced
under this section.
Sec. 13. [REPEALER.]
Minnesota Statutes 1994, sections 144.871; 144.872;
144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781;
144.8782; and 144.879, are repealed.
ARTICLE 2
SWAB TEAM SERVICES PROGRAM
Section 1. Minnesota Statutes 1994, section 268.92,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the following terms have the meanings given them.
(a) "Certified trainer" means a lead trainer certified by
the commissioner of health under section 144.878, subdivision 5.
(b) "Certified worker" means a lead abatement worker
certified by the commissioner of health under section 144.878,
subdivision 5.
(c) "Commissioner" means the commissioner of economic
security words defined in section 144.9501 have the meanings
given.
(d) (b) For purposes of this section, "eligible
organization" means a licensed lead contractor, certified
trainer, city, board of health, community health department,
community action agency as defined in section 268.52, or
community development corporation.
(c) For purposes of this section, "commissioner" means the
commissioner of economic security, or commissioner of the
Minnesota housing finance agency as authorized by section
462A.05, subdivision 15c.
(e) "High risk for toxic lead exposure" has the meaning
given in section 144.871, subdivision 7a.
(f) "Licensed contractor" means a contractor licensed by
the department of health under section 144.876.
(g) "Removal and replacement abatement" means lead
abatement on residential property that requires retrofitting and
conforms to the rules established under section 144.878.
(h) "Swab team" has the meaning given in section 144.871,
subdivision 9.
Sec. 2. Minnesota Statutes 1994, section 268.92,
subdivision 2, is amended to read:
Subd. 2. [GRANTS; ADMINISTRATION.] Within the limits of
the available appropriation, the commissioner shall develop a
swab team services program which may make demonstration and
training grants to eligible organizations for programs to train
workers for to provide swab teams team services and removal
and replacement abatement, and to provide swab team services and
removal and replacement abatement swab team services for
residential property. Grants may be awarded to nonprofit
organizations to provide technical assistance and training to
ensure quality and consistency within the statewide program.
Grants shall be awarded to help ensure full-time employment to
workers providing swab team services and shall be awarded for a
two-year period.
Grants awarded under this section must be made in
consultation with the commissioners of the department of health
and the housing finance agency, and representatives of
neighborhood groups from areas at high risk for toxic lead
exposure, a labor organization, the lead coalition, community
action agencies, and the legal aid society. The consulting team
shall review grant applications and recommend awards to eligible
organizations that meet requirements for receiving a grant under
this section.
Sec. 3. Minnesota Statutes 1994, section 268.92,
subdivision 3, is amended to read:
Subd. 3. [APPLICANTS.] (a) Interested eligible
organizations may apply to the commissioner for grants under
this section. Two or more eligible organizations may jointly
apply for a grant. Priority shall be given to community action
agencies in greater Minnesota and to either community action
agencies or neighborhood based nonprofit organizations in cities
of the first class. 3.75 percent of the total allocation may be
used for administrative costs. Of the total annual
appropriation, 12.5 percent may be used for administrative
purposes. The commissioner may deviate from this percentage if
a grantee can justify the need for a larger administrative
allowance. Of this amount, up to five percent may be used by
the commissioner for state administrative purposes.
Applications must provide information requested by the
commissioner, including at least the information required to
assess the factors listed in paragraph (d).
(b) The commissioner of economic security shall coordinate
with the commissioner of health and local who shall consult with
boards of health to provide swab team services for purposes of
secondary prevention. The priority for swab teams created by
grants to eligible organizations under this section shall be
work assigned by the commissioner of health, or by a board of
health if so designated by the commissioner of health, to
provide secondary prevention swab team services to fulfill the
requirements of section 144.9504, subdivision 6, in response to
a lead order. Swab teams, administered assigned work under this
section by the commissioner of economic security, that are not
engaged daily in fulfilling the requirements of section 144.872,
subdivision 5 144.9504, subdivision 6, must deliver swab team
services in response to elevated blood lead levels as defined in
section 144.9501, subdivision 9, where lead orders were not
issued, and for purposes of primary prevention in census tracts
known to be in areas at high risk for toxic lead exposure as
described in section 144.9503, subdivision 2.
(c) Any additional money shall be used for grants shall be
made to establish swab teams for primary prevention, without
environmental lead testing under section 144.9503, in census
tracts in areas at high risk for toxic lead exposure as
determined under section 144.9503, subdivision 2.
(d) In evaluating grant applications, the commissioner
shall consider the following criteria:
(1) the use of licensed lead contractors and certified lead
abatement workers for residential lead abatement swab team
services;
(2) the participation of neighborhood groups and
individuals, as swab team members workers, in areas at high risk
for toxic lead exposure;
(3) plans for the provision of swab team services for
primary and secondary prevention through swab team services in
areas at high risk for toxic lead exposure on a census tract
basis without environmental lead testing as required under
subdivision 4;
(4) plans for supervision, training, career development,
and postprogram placement of swab team members;
(5) plans for resident and property owner education on lead
safety;
(6) plans for distributing cleaning supplies to area
residents and educating residents and property owners on
cleaning techniques;
(7) sources of other funding and cost estimates for
training, lead inspections, swab team services, equipment,
monitoring, testing, and administration;
(8) measures of program effectiveness; and
(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship,
and housing renovation programs including the emergency jobs
program under sections 268.672 to 268.881.; and
(10) prior experience in providing swab team services.
Sec. 4. Minnesota Statutes 1994, section 268.92,
subdivision 4, is amended to read:
Subd. 4. [LEAD ABATEMENT CONTRACTORS.] (a) Eligible
organizations and licensed lead abatement contractors may
participate in the lead abatement swab team program. An
eligible organization receiving a grant under this section must
assure that all participating lead contractors are licensed and
that all swab team, and removal and replacement
employees workers are certified by the department of health
under section 144.878, subdivision 5 144.9505. Eligible
organizations and licensed lead contractors may distinguish
between interior and exterior services in assigning duties and
may participate in the program by:
(1) providing on-the-job training for swab teams team
workers;
(2) providing swab team services to meet the requirements
of section 144.872 sections 144.9503, subdivision 4, and
144.9504, subdivision 6;
(3) providing a removal and replacement abatement component
using skilled craft workers under subdivision 7;
(4) providing primary prevention, without environmental
lead testing, in census tracts at high risk for toxic lead
exposure according to subdivision 7a;
(5) providing lead dust cleaning supplies, as described in
section 144.872, subdivision 4 144.9503, subdivision 5,
paragraph (b), to residents; or
(6) instructing having a swab team worker instruct
residents and property owners on appropriate lead control
techniques, including the lead-safe directives developed by the
commissioner of health.
(b) Participating licensed lead contractors must:
(1) demonstrate proof of workers' compensation and general
liability insurance coverage;
(2) be knowledgeable about lead abatement requirements
established by the Department of Housing and Urban Development
and the Occupational Safety and Health Administration and lead
hazard reduction requirements and lead-safe directives of the
commissioner of health;
(3) demonstrate experience with on-the-job training
programs;
(4) demonstrate an ability to recruit employees from areas
at high risk for toxic lead exposure; and
(5) demonstrate experience in working with low-income
clients.
Sec. 5. Minnesota Statutes 1994, section 268.92,
subdivision 5, is amended to read:
Subd. 5. [LEAD ABATEMENT EMPLOYEES SWAB TEAM WORKERS.]
Each worker engaged in swab team services or removal and
replacement abatement in programs established under this section
must have blood lead concentrations below 15 micrograms of lead
per deciliter of whole blood as determined by a baseline blood
lead screening. Any organization receiving a grant under this
section is responsible for lead screening and must assure that
all swab team workers in lead abatement programs, receiving
grant funds under this section, meet the standards established
in this subdivision. Grantees must use appropriate workplace
procedures including following the lead-safe directives
developed by the commissioner of health to reduce risk of
elevated blood lead levels. Grantees and participating
contractors must report all employee blood lead levels that
exceed 15 micrograms of lead per deciliter of whole blood to the
commissioner of health.
Sec. 6. Minnesota Statutes 1994, section 268.92,
subdivision 6, is amended to read:
Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs
established under this section must provide on-the-job training
for swab teams team workers. Training methods must follow
procedures established under section 144.878, subdivision 5
144.9506.
(b) Swab team members workers must receive monetary
compensation equal to the prevailing wage as defined in section
177.42, subdivision 6, for comparable jobs in the licensed
contractor's principal business.
Sec. 7. Minnesota Statutes 1994, section 268.92,
subdivision 7, is amended to read:
Subd. 7. [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within
the limits of the available appropriation and if a need is
identified by a lead inspector, programs may be established if a
need is identified the commissioner may establish a component
for removal and replacement abatement of deteriorated paint in
residential properties. according to the following criteria:
(1) components within a residence must have both
deteriorated lead-based paint and substrate damage beyond repair
or rotting wooden framework to be eligible for removal and
replacement;
(2) all removal and replacement abatement must be done
using least-cost methods that meet the standards of section
144.878, subdivision 2. and following lead-safe directives;
(3) whenever windows and doors or other components covered
with deteriorated lead-based paint have sound substrate or are
not rotting, those components should be repaired, sent out for
stripping or be planed down to remove deteriorated lead-based
paint or covered with protective guards instead of being
replaced, provided that such an activity is the least cost
method of providing the swab team service;
(4) removal and replacement abatement or repair must be
done by licensed lead abatement contractors. using skilled craft
workers or trained swab team members; and
(5) all craft work that requires a state license must be
supervised by a person with a state license in the craft work
being supervised. The grant recipient may contract for this
supervision.
(b) The program design must:
(1) identify the need for trained on the job training of
swab team workers and to be removal and replacement abatement
workers and;
(2) describe plans to involve appropriate groups in
designing methods to meet the need for trained lead abatement
training swab team workers; and.
(3) include an examination of how program participants may
achieve certification as a part of the work experience and
training component. Certification may be achieved through
licensing, apprenticeship, or other education programs.
Sec. 8. Minnesota Statutes 1994, section 268.92, is
amended by adding a subdivision to read:
Subd. 7a. [TESTING AND EVALUATION.] (a) Testing of the
environment is not necessary by swab teams whose work is
assigned by the commissioner of health or a designated board of
health under section 144.9504. The commissioner of health or
designated board of health shall share the analytical testing
data collected on each residence for purposes of secondary
prevention under section 144.9504 with the swab team workers in
order to provide constructive feedback on their work and to the
commissioner for the purposes set forth in paragraph (c).
(b) For purposes of primary prevention evaluation, the
following samples must be collected: pretesting and posttesting
of one noncarpeted floor dust lead sample and a notation of the
extent and location of bare soil and of deteriorated lead-based
paint. The analytical testing data collected on each residence
for purposes of primary prevention under section 144.9503, shall
be shared with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for
the purposes set forth in paragraph (c).
(c) The commissioner of health shall establish a program in
cooperation with the commissioner to collect appropriate data as
required under paragraphs (a) and (b), in order to conduct an
ongoing evaluation of swab team services for primary and
secondary prevention. Within the limits of available
appropriations, the commissioner of health shall conduct or
contract with the commissioner, on up to 1,000 residences which
have received primary or secondary prevention swab team
services, a postremediation evaluation, on at least a quarterly
basis for a period of at least two years for each residence.
The evaluation must note the condition of the paint within the
residence, the extent of bare soil on the grounds, and collect
and analyze one noncarpeted floor dust lead sample. The data
collected shall be evaluated to determine the efficacy of
providing swab team services as a method of reducing lead
exposure in young children. In evaluating this data, the
commissioner of health shall consider city size, community
location, historic traffic flow, soil lead level of the property
by area or census tract, distance to industrial point sources
that emit lead, season of the year, age of the housing, age, and
number of children living at the residence, the presence of pets
that move in and out of the residence, and other relevant
factors as the commissioner of health may determine. This
evaluation of the swab team program may be paid from amounts
appropriated to the department of economic security for
providing swab team services.
Sec. 9. Minnesota Statutes 1994, section 268.92,
subdivision 8, is amended to read:
Subd. 8. [PROGRAM BENEFITS.] As a condition of
providing lead abatement swab team services under this section,
an organization may require a property owner to not increase
rents on a property solely as a result of a substantial
improvement made with public funds under the programs in this
section.
Sec. 10. Minnesota Statutes 1994, section 268.92,
subdivision 10, is amended to read:
Subd. 10. [REPORT.] Beginning in the year in which an
appropriation is received, the commissioner shall prepare and
submit a lead abatement swab team program report to the
legislature and the governor by December 31, and every two years
thereafter. At a minimum, the report must describe the programs
organizations that received grants under this section, the cost,
nature, and extent of swab team services provided by each
grantee, an evaluation of the efficacy of providing swab team
services under subdivision 7a, and make recommendations for
program changes.
Sec. 11. Minnesota Statutes 1994, section 462A.05,
subdivision 15c, is amended to read:
Subd. 15c. [RESIDENTIAL LEAD ABATEMENT.] (a) It may make
or purchase loans or grants for the abatement of hazardous
levels of lead paint in residential buildings and lead
contaminated soil on the property of residential buildings
occupied by low- and moderate-income persons. Hazardous levels
are as determined by the department of health or the pollution
control agency. The agency must establish grant criteria for a
residential lead paint and lead contaminated soil abatement
program, including the terms of loans and grants under this
section, a maximum amount for loans or grants, eligible owners
borrowers or grantees, eligible contractors, and eligible
buildings. The agency may make grants to cities, local units of
government, registered lead abatement contractors, and nonprofit
organizations for the purpose of administering a residential
lead paint and contaminated lead soil abatement program. No
loan or grant may be made for lead paint abatement for a
multifamily building which contains substantial housing
maintenance code violations unless the violations are being
corrected in conjunction with receipt of the loan or grant under
this section. The agency must establish standards for the
relocation of families where necessary and the payment of
relocation expenses. To the extent possible, the agency must
coordinate loans and grants under this section with existing
housing programs.
The agency, in consultation with the department of health,
shall report to the legislature by January 1993 1996 on the
costs and benefits of subsidized lead abatement and the extent
of the childhood lead exposure problem. The agency shall review
the effectiveness of its existing loan and grant programs in
providing funds for residential lead abatement and report to the
legislature with examples, case studies and recommendations.
(b) The agency may also make grants to eligible
organizations, as defined in section 268.92, subdivision 1, for
the purposes of section 268.92.
Sec. 12. [REPEALER.]
Minnesota Statutes 1994, section 115C.082, subdivision 2,
is repealed.
Presented to the governor May 22, 1995
Signed by the governor May 25, 1995, 8:42 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes