1998 Minnesota Statutes

     144.9504 Secondary prevention. 

    Subdivision 1.    Jurisdiction.  (a) A board of health 
 serving cities of the first class must conduct lead risk 
 assessments 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 risk assessments for 
 the purposes of secondary prevention, unless they certified in 
 writing to the commissioner by January 1, 1996, that they 
 desired to relinquish these duties back to the commissioner.  At 
 the discretion of the commissioner, a board of health may 
 relinquish the authority and duty to perform lead risk 
 assessments for secondary prevention by so certifying in writing 
 to the commissioner by December 31, 1999.  At the discretion of 
 the commissioner, a board of health may, upon written request to 
 the commissioner, resume these duties. 

    (b) Lead risk assessments must be conducted by a board of 
 health serving a city of the first class.  The commissioner must 
 conduct lead risk assessments in any area not including cities 
 of the first class where a board of health has relinquished to 
 the commissioner the responsibility for lead risk assessments.  
 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 risk assessments. 

    (d) The commissioner shall enforce the rules under section 
 144.9508 in cases of voluntary lead hazard reduction. 

    Subd. 2.    Lead risk assessment.  (a) An assessing 
 agency shall conduct a lead risk assessment 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 assessing agency may also conduct a lead risk 
 assessment for children with any elevated blood lead level.  

    (c) In a building with two or more dwelling units, an 
 assessing 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 assessing agency shall also 
 inspect the other sites.  The assessing agency shall have one 
 additional day added to the time frame set forth in this 
 subdivision to complete the lead risk assessment for each 
 additional site.  

    (d) Within the limits of appropriations, the assessing 
 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 risk assessment guide.  The assessing agency shall provide 
 the notice required by this subdivision without identifying the 
 child or pregnant female with the elevated blood lead level.  
 The assessing 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 assessing agency shall conduct the lead risk 
 assessment according to rules adopted by the commissioner under 
 section 144.9508.  An assessing agency shall have lead risk 
 assessments performed by lead risk assessors licensed by the 
 commissioner according to rules adopted under section 144.9508.  
 If a property owner refuses to allow a lead risk assessment, the 
 assessing agency shall begin legal proceedings to gain entry to 
 the property and the time frame for conducting a lead risk 
 assessment set forth in this subdivision no longer applies.  A 
 lead risk assessor or assessing 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, and dust 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.  The lead content of 
 drinking water must be measured if a probable source of lead 
 exposure is not identified by measurement of lead in paint, bare 
 soil, or dust.  Within a standard metropolitan statistical area, 
 an assessing agency may order lead hazard reduction of bare soil 
 without measuring the lead content of the bare soil if the 
 property is in a census tract in which soil sampling has been 
 performed according to rules established by the commissioner and 
 at least 25 percent of the soil samples contain lead 
 concentrations above the standard in section 144.9508. 

    (f) A lead risk assessor 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 risk assessment 
 conducted under this section.  

    (g) Each assessing 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 assessing 
 agency.  Assessing 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 assessing agency from charging a property owner for 
 the cost of a lead risk assessment. 

    Subd. 3.    Lead education strategy.  At the time of a 
 lead risk assessment or following a lead order, the assessing 
 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 risk assessment guides.  (a) The 
 commissioner of health shall develop or purchase lead risk 
 assessment 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 persons licensed by the 
 commissioner under section 144.9505 or 144.9506 to perform lead 
 hazard reduction or perform the lead hazard reduction 
 themselves.  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 assessing agency shall provide the lead risk 
 assessment 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 assessing agency shall provide the lead risk 
 assessment guides on request to owners or occupants of 
 residential property, builders, contractors, inspectors, and the 
 public within the jurisdiction of the assessing agency.  

    Subd. 5.    Lead orders.  An assessing agency, after 
 conducting a lead risk assessment, 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 risk 
 assessments and lead orders are conducted at times when weather 
 or soil conditions do not permit the lead risk assessment 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 assessing 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 assessing 
 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.  However, a property owner who has been ordered to 
 perform lead hazard reduction may choose any method to address 
 deteriorated lead-based paint on windows, doors, or other 
 components, provided that the method is approved in rules 
 adopted under section 144.9508 and that it is appropriate to the 
 specific property.  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 assessing 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 assessing 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 risk 
 assessment or after issuing lead orders, the assessing 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 assessing agency provides 
 swab team services after a lead risk assessment, 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 assessing 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 
 assessing agency is not required to pay for relocation unless 
 state or federal funding is available for this purpose.  The 
 assessing 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 assessing 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 
 assessing 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 hire a person licensed by the 
 commissioner under section 144.9505 for compliance with the lead 
 orders, the property owner shall submit a work plan to the 
 assessing agency within 30 days after receiving the orders.  The 
 work 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.  Renters and volunteers performing lead abatement 
 or lead hazard reduction must be trained and licensed as lead 
 supervisors or lead workers under section 144.9505. 

    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 assessing agency shall conduct a 
 clearance inspection by visual identification of 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 assessing agency is 
 not required to test a dwelling unit after lead hazard reduction 
 that was not ordered by the assessing agency.  

    Subd. 10.    Case closure.  A lead risk assessment is 
 completed and the responsibility of the assessing 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; 1998 c 407 art 2 s 56-65