(A) Responsibility. The owner of a rental housing unit shall, along with all other requirements of this chapter, ensure that an initial Lead-Hazard Evaluation is completed upon their property as established in this section.
(B) Initial Lead-Hazard Evaluation. An initial Lead-Hazard Evaluation and Lead-Hazard Control Report must be completed pursuant to the requirements of this section. The initial Lead-Hazard Evaluation and Control Report must be completed within the time frame established below:
(1) All rental housing units built before 1940 shall have an initial Lead-Hazard Evaluation and Lead-Hazard Control Report completed and submitted within 12 months of this chapter taking effect.
(2) All rental housing units built between 1940 and 1965 shall have an initial Lead-Hazard Evaluation and Lead-Hazard Control Report completed and submitted within 24 months of this chapter taking effect.
(3) All rental housing units built between 1966 and before 1978 shall have an initial Lead Hazard Evaluation and Lead-Hazard Control Report completed and submitted within 36 months of this chapter taking effect.
(4) Upon this chapter taking effect, a rental housing unit wherein a child tenant has been found to have an elevated blood lead level, shall have an initial Lead Hazard Evaluation and Lead-Hazard Control Report completed within 60 days of such finding regardless of the age of the Unit.
(C) Lead risk assessors. All Lead-Hazard Evaluations and subsequent Control Reports, shall be performed and completed by a Kentucky State certified Lead-Hazard Risk Assessor.
(D) Lead-Hazard Evaluation. A Lead-Hazard Evaluation shall at a minimum include the following:
(1) A visual inspection of a residential dwelling to locate deteriorated paint, assess the extent and causes of the deterioration of paint, inspect for other potential lead hazards, and inspect any chewable, friction, or impact surfaces for possible lead-based hazards.
(2) Collect information regarding the physical characteristics and occupant use patterns of the residential dwelling that may cause lead exposure to children.
(3) Test every surface coated with visibly deteriorated paint for the presence of lead.
(4) Collect dust wipe samples, either composite or single surface, from the interior windowsills and floor, where children are most likely to come into contact with dust in the living area.
(5) For a multifamily dwelling, collect additional dust wipe samples in each common area adjacent to the residential dwelling from which samples have been taken and from each common area in the building.
(6) Collect soil samples from exterior play areas where bare soil is present, dripline or foundation areas where bare soil is present, and any other portion of the yard where bare soil is present.
(7) Submit collected paint chip, dust wipe, or soil samples to an EPA-recognized laboratory.
(8) The Department of Public Health and Wellness may create protocols and procedures for the inspection of multi-unit rental housing facilities, so that only a representative sampling of the total rental housing units within such a facility would be required in determining the presence of lead-based hazards.
(E) Violation-double fines. Any owner who knowingly or recklessly submits a fraudulent or inaccurate Lead-Hazard Control Report shall be issued a citation with double fines pursuant to § 167.99. Each day after a citation has been issued or notice has been served shall be deemed a separate offense.
(Lou. Metro Ord. No. 183-2022, approved 12-7-2022)