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The department shall promulgate such rules as may be necessary for the implementation of this subchapter. Such rules shall incorporate work practices that are no less protective of public health than those set forth in subdivisions d and e of section 173.14 of the health code and those parts of subdivision b of such section of the health code applicable thereto or a successor rule, and shall include a requirement that lead-contaminated dust clearance testing be performed at the completion of such work. Such rules shall require that such work be performed by a person who has, at a minimum, successfully completed a course on lead-safe work practices given by or on behalf of the department or, by the United States environmental protection agency or an entity authorized by it to give such course, or by the United States department of housing and urban development or an entity authorized by it to gives such course. Such rules shall not apply where such work disturbs surfaces of less than (i) two square feet of peeling lead-based paint per room or (ii) ten percent of the total surface area of peeling paint on a type of component with a small surface area, such as a window sill or door frame.
(Am. L.L. 2019/064, 4/14/2019, eff. 8/12/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/064.
a. The operator of a covered facility shall conduct a survey of such facility annually, and more often if necessary, to determine the physical condition of surface-coating material throughout each such facility and shall provide a copy of the survey results (i) to the department, which will make the information publicly available online, and (ii) to the parent or guardian of each child that attends such facility, as required by rules of the department. The department may require by rule that such annual survey be submitted electronically.
b. In a covered facility located in a school operated by the department of education, the survey required by subdivision a of this section shall include rooms and areas where children of an applicable age are located, including classrooms, libraries, cafeterias, and gymnasiums designated for use by such children of an applicable age. A room or area of a school operated by the department of education may not be designated for use as a covered facility unless such room or area has, within the prior year, been included in a survey conducted in accordance with this section.
c. In addition to the requirements of this section, department of education shall conduct a survey of classrooms in a covered facility located in a school operated by the department at least three times a year to determine the physical condition of surface-coating material in classrooms and shall provide a copy of the survey results (i) to the department, which will make the information publicly available online, and (ii) to the parent or guardian of each child that attends such facility, as required by rules of the department.
(Am. L.L. 2019/071, 4/14/2019, eff. 8/12/2019; Am. L.L. 2020/028, 2/11/2020, eff. 2/11/2021)