1998 Minnesota Statutes

     144.9511 Lead-safe property certification. 

    Subdivision 1.    Lead-safe property certification program 
 established.  (a) The commissioner shall establish, within the 
 limits of available appropriations, recommended protocols for a 
 voluntary lead-safe property certification program for 
 residential properties.  This program shall involve an initial 
 property certification process, a property condition report, and 
 a lead-safe property certification booklet. 

    (b) The commissioner shall establish recommended protocols 
 for an initial property certification process composed of the 
 following: 

    (1) a lead hazard screen, which shall include a visual 
 evaluation of a residential property for both deteriorated paint 
 and bare soil; and 

    (2) a quantitative measure of lead in dust within the 
 structure and in common areas as determined by rule adopted 
 under authority of section 144.9508. 

    (c) The commissioner shall establish forms, checklists, and 
 protocols for conducting a property condition report.  A 
 property condition report is an evaluation of property 
 components, without regard to aesthetic considerations, to 
 determine whether any of the following conditions are likely to 
 occur within one year of the report: 

    (1) that paint will become chipped, flaked, or cracked; 

    (2) that structural defects in the roof, windows, or 
 plumbing will fail and cause paint to deteriorate; 

    (3) that window wells or window troughs will not be 
 cleanable and washable; 

    (4) that windows will generate dust due to friction; 

    (5) that cabinet, room, and threshold doors will rub 
 against casings or have repeated contact with painted surfaces; 

    (6) that floors will not be smooth and cleanable and 
 carpeted floors will not be cleanable; 

    (7) that soil will not remain covered; 

    (8) that bare soil in vegetable and flower gardens will not 
 (i) be inaccessible to children or (ii) be tested to determine 
 if it is below the soil standard under section 144.9508; 

    (9) that parking areas will not remain covered by an 
 impervious surface or gravel; 

    (10) that covered soil will erode, particularly in play 
 areas; and 

    (11) that gutters and down spouts will not function 
 correctly. 

    (d) The commissioner shall develop a lead-safe property 
 certification booklet that contains the following: 

    (1) information on how property owners and their 
 maintenance personnel can perform essential maintenance 
 practices to correct any of the property component conditions 
 listed in paragraph (c) that may occur; 

    (2) the lead-safe work practices fact sheets created under 
 section 144.9503, subdivision 7; 

    (3) forms, checklists, and copies of recommended lead-safe 
 property certification certificates; and 

    (4) an educational sheet for landlords to give to tenants 
 on the importance of having tenants inform property owners or 
 designated maintenance staff of one or more of the conditions 
 listed in paragraph (c). 

    Subd. 2.    Conditions for certification.  A property 
 shall be certified as lead safe only if the following conditions 
 are met: 

    (1) the property passes the initial certification process 
 in subdivision 1; 

    (2) the property owner agrees in writing to perform 
 essential maintenance practices; 

    (3) the property owner agrees in writing to use lead-safe 
 work practices, as provided for under section 144.9503, 
 subdivision 7; 

    (4) the property owner performs essential maintenance as 
 the need arises or uses maintenance personnel who have completed 
 a United States Environmental Protection Agency- or Minnesota 
 department of health-approved maintenance training program or 
 course to perform essential maintenance; 

    (5) the lead-safe property certification booklet is 
 distributed to the property owner, maintenance personnel, and 
 tenants at the completion of the initial certification process; 
 and 

    (6) a copy of the lead-safe property certificate is filed 
 with the commissioner along with a $5 filing fee. 

    Subd. 3.    Lead standards.  Lead standards used in this 
 section shall be those approved by the commissioner under 
 section 144.9508. 

    Subd. 4.    Lead risk assessors.  Lead-safe property 
 certifications shall only be performed by lead risk assessors 
 licensed by the commissioner under section 144.9506. 

    Subd. 5.    Expiration.  Lead-safe property certificates 
 are valid for one year. 

    Subd. 6.    List of certified properties.  Within the 
 limits of available appropriations, the commissioner shall 
 maintain a list of all properties certified as lead-safe under 
 this section and make it freely available to the public. 

    Subd. 7.    Reapplication.  Properties failing the 
 initial property certification may reapply for a lead-safe 
 property certification by having a new initial certification 
 process performed and by correcting any condition listed by the 
 licensed lead risk assessor in the property condition report.  
 Properties that fail the initial property certification process 
 must have the condition corrected by the property owner, by 
 trained maintenance staff, or by a contractor with personnel 
 licensed for lead hazard reduction or lead abatement work by the 
 commissioner under section 144.9505, in order to have the 
 property certified. 

    HIST: 1998 c 407 art 2 s 79