Minnesota Administrative Rules

4761.2100 APPLICABILITY.

Subpart 1.

Persons affected.

Parts 4761.2000 to 4761.2700 apply to persons, including assessing agencies, that do regulated lead work in or for an affected property.

Subp. 2.

Exceptions.

Parts 4761.2000 to 4761.2700 do not apply to:

A.

work that is performed for any purpose other than the express purpose of regulated lead work as defined in Minnesota Statutes, section 144.9501, subdivision 26a;

B.

an emergency shelter home or emergency shelter service;

C.

housing for the elderly or persons with disabilities unless at least one child resides or is expected to reside in the residence;

D.

a zero-bedroom residence, unless occupied by a child with an elevated blood lead level for which a lead risk assessment is required;

E.

a foster home occupied by a child for 90 days or less if an individual who is related, as defined in Minnesota Statutes, section 245A.02, subdivision 13, provides the foster care;

F.

a foster home occupied by a child for 30 days or less if the foster care is not provided by an individual who is related, as defined in Minnesota Statutes, section 245A.02, subdivision 13;

G.

a structure that is totally vacated within 30 days of the issuance of lead orders and that remains unoccupied until the structure is totally demolished. Demolition must be completed within two years of the date of the order; or

H.

chemical testing with a kit for the on-site, qualitative detection of lead.

Statutory Authority:

MS s 144.9508

History:

29 SR 531

Published Electronically:

November 29, 2004