1997 Minnesota Statutes

     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 (5) 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 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; 

    (4) within ten working days of a child 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; or 

    (5) within ten working days of a pregnant female in the 
 residence being identified to the agency as having a venous 
 blood lead level equal to or greater than ten micrograms of lead 
 per deciliter of whole blood.  

    (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) Within the limits of appropriations, the inspecting 
 agency shall identify the known addresses for the previous 12 
 months of the child or pregnant female with venous blood lead 
 levels of at least 20 micrograms per deciliter for the child or 
 at least ten micrograms per deciliter for the pregnant female; 
 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.  The inspecting agency shall provide the 
 notice required by this subdivision without identifying the 
 child or pregnant female with the elevated blood lead level.  
 The inspecting agency is not required to obtain the consent of 
 the child's parent or guardian or the consent of the pregnant 
 female for purposes of this subdivision.  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) Within the 
 limits of appropriations, the 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 to 
 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.  Within the limits of appropriations, the 
 commissioner shall review plans and shall approve or disapprove 
 them as to compliance with the requirements in section 144.9505, 
 subdivision 5. 

    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. 

    HIST: 1995 c 213 art 1 s 6; 1996 c 451 art 4 s 17-19; 1997 c 
 205 s 26; 1997 c 228 s 12