Chapter 8.30
CONTROL OF LEAD-BASED PAINT
Sections:
8.30.040 Hazard nuisance assessments.
8.30.050 Elevated blood lead inspections required.
8.30.060 Refusal of admittance.
8.30.070 Lead-based paint hazard reduction required.
8.30.080 Prohibited methods of lead-based paint hazard reduction.
8.30.090 Retaliation prohibited.
8.30.010 Purpose.
To protect the health, welfare, equity, and safety of the citizens, residents, inhabitants, and occupants of Black Hawk County, Iowa, by requiring control and mitigation of lead-based paint hazards:
A. Where a child has been identified with an elevated blood lead level; or
B. When any act, failure to act, or condition creates a hazard to one or more persons. [Board of Health reg. of 4-27-2022.]
8.30.020 Applicability.
The provisions contained herein apply to all housing, structures, and premises occurring within unincorporated and all incorporated places in Black Hawk County. [Board of Health reg. of 4-27-2022.]
8.30.030 Definitions.
“Certified elevated blood lead (EBL) inspector/risk assessor” means a person who has met the requirements of 641 IAC 70.5(135) for certification or interim certification and who has been certified by the Iowa Department of Public Health.
“Certified firm” means Black Hawk County Health Department, which employs certified lead professionals and has met the requirements of 641 IAC 70.5(135) for certification and has been certified by the Iowa Department of Public Health.
“Certified lead inspector/risk assessor” means a person who has met the requirements of 641 IAC 70.5(135) for certification or interim certification and who has been certified by the Iowa Department of Public Health.
“Chewable surface” means an interior or exterior surface painted with lead-based paint that a young child can mouth or chew. Surfaces can be considered chewable even if there is no evidence of teeth marks.
“Child-occupied facility” means a building, or portion of a building, constructed prior to 1978, visited by the same child under the age of six years on at least two different days within any week, Sunday through Saturday period; provided, that each day’s visit lasts at least three hours and the combined annual visits total at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools, and kindergarten classrooms.
“Clearance testing” means an activity conducted following interim controls, lead abatement, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation or renovation to determine that the hazard reduction activities are complete. Clearance testing includes a visual assessment, the collection and analysis of environmental samples, the interpretation of sampling results, and the preparation of a report.
“Deteriorated paint” means any interior or exterior paint or other coating that is cracking, flaking, chipping, peeling, or chalking, or any paint or coating located on an interior or exterior surface that is otherwise damaged or separated from the substrate of a building component.
“Dripline” means the area within three feet surrounding the perimeter of a building.
“Dust-lead hazard” means surface dust in residential dwellings or child-occupied facilities that contains a mass-per-area concentration of lead greater than or equal to 10 micrograms per square foot on floors, 100 micrograms per square foot on interior windowsills, and 400 micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present in a residential dwelling or child-occupied facility when the weighted arithmetic mean lead loading for all single-surface or composite samples of floors and interior windowsills is greater than or equal to 10 micrograms per square foot on floors, 100 micrograms per square foot on interior windowsills, and 400 micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present on floors, interior windowsills, or window troughs in an unsampled residential dwelling in a multifamily dwelling if a dust-lead hazard is present on floors, interior windowsills, or window troughs, respectively, in at least one sampled residential unit on the property. A dust-lead hazard is present on floors, interior windowsills, or window troughs in an unsampled common area in a multifamily dwelling if a dust-lead hazard is present on floors, interior windowsills, or window troughs, respectively, in at least one sampled common area in the same common area group on the property.
“Elevated blood lead (EBL) child” means any child who has had one venous blood lead level greater than or equal to 20 micrograms per deciliter or at least two venous blood lead levels of 15 to 19 micrograms per deciliter.
“Elevated blood lead (EBL) inspection” means an inspection to determine the sources of lead exposure for an elevated blood lead (EBL) child, and the provision within 10 working days of a written report explaining the results of the investigation to the property owner and occupant of the residential dwelling or child-occupied facility being inspected and to the parents or legal guardians of the EBL child. An EBL inspector/risk assessor shall not determine that a residential dwelling is free of lead-based paint as a result of an EBL inspection.
“Friction surface” means an interior or exterior surface that is subject to abrasion or friction including, but not limited to, certain window, floor, and stair surfaces.
“Hazard” means any lead source nuisance that the Health Officer considers dangerous or detrimental to life or health of children under six years of age, or other persons.
“Hazardous lead-based paint” means lead-based paint that is present on a friction surface where there is evidence of abrasion or where the dust-lead level on the nearest horizontal surface underneath the friction surface (e.g., the windowsill or floor) is equal to or greater than the dust-lead hazard level, lead-based paint that is present on an impact surface that is damaged or otherwise deteriorated from impact, lead-based paint that is present on a chewable surface, or any other deteriorated lead-based paint in any residential building, other structures on property or child-occupied facility or on the exterior of a residential building, other structures on property, or child-occupied facility.
“Health Officer” means an authorized representative of the Black Hawk County Board of Health who has met the requirements of 641 IAC 70.5(135).
“Interim controls” means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including repairing deteriorated lead-based paint, specialized cleaning, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.
“Lead abatement” means any measure or set of measures designed to permanently eliminate lead-based paint hazards in a residential dwelling or child-occupied facility. Lead abatement includes, but is not limited to, (1) the removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of soil-lead hazards and (2) all preparation, cleanup, disposal, repainting or refinishing, and post abatement clearance testing activities associated with such measures. “Lead abatement” specifically includes projects for which there is a written contract or other documentation, which provides that an individual will be conducting lead abatement in or around a residential dwelling or child-occupied facility. In addition, “lead abatement” includes, but is not limited to, (1) projects for which there is a written contract or other document, which provides that an individual will be conducting activities in or to a residential dwelling or child-occupied facility that shall result in or are designed to permanently eliminate lead-based paint hazards, (2) projects resulting in the permanent elimination of lead-based paint hazards that are conducted by firms or individuals certified under 641 IAC 70.5(135), (3) projects resulting in the permanent elimination of lead-based paint hazards that are conducted by firms or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead abatement, and (4) projects resulting in the permanent elimination of lead-based paint that are conducted in response to a lead abatement order. However, in the case of subsections (1) through (4) of this definition, “lead abatement” does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, “lead abatement” does not include interim controls, operations and maintenance activities, renovation, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
“Lead-based paint” means any paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram of lead per square centimeter or more than 0.5 percent by weight. Lead-based paint is present on any surface that is tested and found to contain lead equal to or in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight and on any surface like a surface tested in the same room equivalent that has a similar painting history and that is found to be lead-based paint.
“Lead-based paint hazard” means hazardous lead-based paint, a dust-lead hazard, or a soil-lead hazard.
“Local board” means the Black Hawk County Board of Health as authorized by IAC Ch. 137.
“Mid-yard” means an area of a residential yard approximately midway between the dripline of a residential building and the nearest property boundary or between the driplines of a residential building and another building on the same property.
“Occupant” means any person visiting, living, sleeping, cooking, or eating in, or having any actual possession of, a dwelling or dwelling unit.
“Owner” means any person who, alone or jointly with others: (1) has legal title to any dwelling, with or without accompanying actual possession thereof, or (2) has charge, care, or control of any dwelling by acting as the agent of the owner or as the executor, administrator, trustee, or guardian of the estate of the owner.
“Paint-lead hazard” means the presence of hazardous lead-based paint in a residential dwelling or a child-occupied facility.
“Play area” means an area of frequent soil contact by children of less than six years of age as indicated by, but not limited to, factors including the following: the presence of play equipment (i.e., sandboxes, swing sets, and sliding boards), toys, or other children’s possessions; observations of play patterns; or information provided by parents, residents, caregivers, or property owners.
“Residential building” means a building containing one or more residential dwellings.
“Residential dwelling” means (1) a detached single-family dwelling unit, including the surrounding yard, attached structures such as porches and stoops, and detached buildings and structures including, but not limited to, garages, farm buildings, and fences; or (2) a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit, which is used or occupied, or intended to be used or occupied, in whole or part, as the home or residence of one or more persons; or (3) a rooming unit or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
“Retaliation” means harassment, termination of the tenancy, discontinuation of utilities or other services, and any other action taken against the lessee.
“Soil-lead hazard” means bare soil on residential real property or on the property of a child-occupied facility that contains total lead greater than or equal to 400 parts per million for the dripline, mid- yard, and play areas. A soil-lead hazard is present in a dripline, mid-yard, or play area when the soil- lead concentration from a composite sample of bare soil is greater than or equal to 400 parts per million. If soil samples are not taken, it may be assumed that bare soil within three feet of the foundation of a garage or other structure built prior to 1978 is a soil-lead hazard.
“Visiting” means an individual spends three hours a day on two separate days a week and a total of 60 hours per year at a dwelling.
“X-ray fluorescence analyzer (XRF)” means an instrument that determines lead concentrations in milligrams per square centimeter (mg/cm2) using the principle of X-ray fluorescence. “XRF reading” means the number obtained when a surface is tested with an X-ray fluorescence analyzer. [Board of Health reg. of 4-27-2022.]
8.30.040 Hazard nuisance assessments.
When the Health Officer has reason to suspect a possibility of lead exposure in a pre-1978 residential dwelling, the Health Officer shall investigate the potential hazard. Should the Health Officer determine a hazard exists, the Health Officer shall provide notice to the responsible party stating that said hazards are to be corrected in an approved manner within a time frame determined by the Health Officer. Failure to correct the hazards shall be cause for penalties outlined in BHCC 8.30.100. [Board of Health reg. of 4-27-2022.]
8.30.050 Elevated blood lead inspections required.
The local board shall appoint a Health Officer to conduct elevated blood lead (EBL) inspections in residential dwellings and child-occupied facilities where an EBL child lives and/or frequently visits. All owners and occupants shall allow access to the residential dwellings and child-occupied facilities that the certified EBL inspector/risk assessor desires to inspect. [Board of Health reg. of 4-27-2022.]
8.30.060 Refusal of admittance.
If the Health Officer is refused entry to a property, then the Health Officer may make a complaint under oath to any magistrate of the County. The magistrate may issue a warrant directing the owner or occupant to allow the Health Officer to conduct an elevated blood lead (EBL) inspection and directing a peace officer to accompany the Health Officer during the EBL inspection/risk assessment. [Board of Health reg. of 4-27-2022.]
8.30.070 Lead-based paint hazard reduction required.
A. When the Health Officer appointed by the local board determines that hazardous lead-based paint, a dust-lead hazard, or a soil-lead hazard is present in a residential dwelling unit or child- occupied facility where an elevated blood lead (EBL) child lives or frequently visits, the Health Officer shall issue a written notice or a verbal notice to the owner within 30 days of the inspection and receipt of any laboratory results. The written notice shall require the owner to complete lead-based paint hazard reduction in a time period not to exceed 30 days. At the discretion of the Health Officer, additional time may be granted.
B. If the occupant who occupies the residential dwelling at the time that this notice is issued vacates the residential dwelling, the residential dwelling shall not be leased or occupied by any other person until the Health Officer issues a written notice that the lead-based paint hazard reduction has been completed and clearance achieved.
1. Upon notice of vacancy, the Health Officer shall placard the residential dwelling on each entry into the structure and dwelling unit. The placard shall not be removed without written notice until the lead-based paint hazard reduction has been completed and clearance has been achieved. The placard shall state the structure and/or dwelling contains hazardous amounts of lead-based coating and that the premises are unfit for human habitation, and that such premises shall not be leased or occupied by any person until such written notice is complied with and clearance achieved.
C. Emergency renovations that are required as a result of an elevated blood lead (EBL) inspection are initially exempt from the certification requirements outlined in 641 IAC 70.3(135). The work practice standards found in 641 IAC 70.6(11)(a) shall apply. All individuals who perform emergency renovations in response to an elevated blood lead (EBL) inspection are required to obtain certification as a lead-safe renovator, lead abatement contractor, or lead abatement worker within six months from the date the elevated blood lead (EBL) inspection report was issued. Renovations and interim controls performed in response to an elevated blood lead (EBL) inspection are required to pass clearance testing that is performed by the Health Officer. The homeowner shall be responsible to notify the Health Officer at least one to two business days upon completion of emergency renovations.
D. These methods shall not require the services of an Iowa certified lead abatement inspector/risk assessor:
1. On a surface that contains hazardous lead-based paint but is not chewable and does not have evidence of impact or friction, the lead-based paint hazard shall be reduced by removing all loose and deteriorated paint from the surface, preparing the surface for repainting, and repainting the surface with a lead-free coating.
2. On a surface that contains hazardous lead-based paint and is chewable or has evidence of impact or friction, the lead-based paint hazard shall be reduced by treating the surface one inch back from the edge or corner through one of the following methods:
a. All lead-based paint on the treatment area shall be removed to the bare substrate. The surface shall be prepared for repainting and repainted with a lead-free coating.
b. The treatment area shall be covered with a permanently affixed lead-free material such as plastic, wood, or vinyl. Carpet may be used on floors and stair treads where an underlayment or other nonpermeable barrier has been placed prior to installation.
3. Dust-lead hazards shall be reduced by thoroughly cleaning the affected surface.
4. Soil-lead hazards shall be reduced by planting grass or groundcover, applying sod, or covering the affected area with six inches of bark, gravel, or other approved material.
5. Lead-based paint hazard reduction shall be conducted using work practice standards found in 641 IAC 70.6(11)(a) to protect the safety of the occupants and workers. Unauthorized personnel, including the occupants, shall not be allowed to enter the work area while lead-based paint hazard reduction work is underway.
E. The following are prohibited methods of lead-based paint hazard reduction:
1. Open-flame burning or torching of lead-based paint.
2. Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint unless used with high-efficiency particulate air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency.
3. Uncontained water blasting of lead-based paint.
4. Dry scraping or dry sanding of lead-based paint except in conjunction with the use of a heat gun or around electrical outlets.
5. Operating a heat gun at a temperature above 1,100 degrees Fahrenheit.
F. The Health Officer shall inspect all areas identified as hazards after lead-based paint hazard reduction is complete. The Health Officer shall conduct clearance testing pursuant to 641 IAC 70 to ensure that no dust-lead hazards exist after the work is complete. Within two weeks of verifying that all lead-based paint hazard reduction has been completed and laboratory samples have been received and clearance achieved as required, the Health Officer shall issue documentation of compliance to the owner and occupant stating that the lead-based paint hazard reduction has been completed and that the repaired surfaces must be maintained in good condition. The homeowner shall be responsible to notify the Health Officer at least one to two business days after the lead-based paint hazard reduction is complete. [Board of Health reg. of 4-27-2022.]
8.30.080 Prohibited methods of lead-based paint hazard reduction.
A. These methods result in high-dust jobs, the spread of contamination, and inhalation and ingestion hazard for workers and occupants:
B. Open-flame burning or torching of lead-based paint.
C. Machine sanding or grinding or abrasive blasting or sandblasting of lead-based paint unless used with high-efficiency particulate air (HEPA) exhaust control that removes particles of 0.3 microns or larger from the air at 99.97 percent or greater efficiency.
D. Uncontained water blasting of lead-based paint.
E. Dry scraping or dry sanding of lead-based paint except in conjunction with the use of a heat gun or around electrical outlets.
F. Operating a heat gun at a temperature above 1,100 degrees Fahrenheit. [Board of Health reg. of 4-27-2022.]
8.30.090 Retaliation prohibited.
A. The lessor of a dwelling, the employees of the lessor, and agents or persons acting on behalf of the lessor shall not retaliate against lessees of residential dwellings and child-occupied facilities whose occupants or visitors have been tested for lead poisoning and shall not discourage the occupants or visitors from being tested for lead poisoning.
B. An action taken against the lessee shall not be considered retaliation if it is supported by reasonable cause unrelated to the testing of an occupant for lead poisoning or if it is shown to have occurred as a result of an accident or mistake and not to be the intentional act of the lessor of a dwelling, the employees of the lessor, or agents or persons acting on behalf of the lessor. [Board of Health reg. of 4-27-2022.]
8.30.100 Enforcement.
A. The certified elevated blood lead (EBL) inspector/risk assessor appointed by the Black Hawk County Board of Health shall have the duty and responsibility of enforcing this chapter.
B. Penalties shall be as provided in this code:
1. A violation of any provision of this chapter or any code, rules, or regulations adopted herein by reference shall constitute a County infraction. Any person committing a County infraction shall, upon conviction, be subject to a civil penalty of not more than $750.00 for each offense, not to exceed $1,000 for each repeat offense. Each day that a violation occurs or is permitted to exist by the violator shall constitute a separate offense.
2. The citation for a County infraction may be served by personal service or by certified mail, return receipt requested. The administrative authority shall retain a copy of the citation and one copy shall be sent to the clerk of the district court.
3. A person found guilty of a County infraction is liable for the court costs and fees.
4. In addition to any civil penalty imposed for violation of this chapter, the court may grant appropriate relief to abate or halt the violation.
5. If a violator willfully fails to pay the civil penalty or violates the terms of any other order imposed by the court, such failure shall constitute contempt.
6. Notwithstanding the provisions of subsections (B)(1) and (B)(4) of this section, anyone who commits a violation of any of the provisions of this chapter may be charged with a simple misdemeanor fine of $65.00 up to the maximum fine of $650.00 and up to 30 days in jail. Each day that a violation occurs or is permitted to exist, following notice of violation, shall constitute a separate offense.
7. The provisions of this chapter shall not preclude the bringing of a civil action by ordinary proceedings to enjoin or abate any nuisance. Any action taken by the local board on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
C. Nothing herein shall preclude the Iowa Department of Public Health Administration’s right of enforcement under IAC Ch. 135.
D. Upon failure of any person to correct a hazard identified through this chapter in the time specified by the Health Officer appointed by the local board, the local board may direct or cause the correction of said hazards. [Board of Health reg. of 4-27-2022.]
8.30.110 Hearings.
In the event any person is aggrieved by any order of the certified elevated blood lead (EBL) inspector/risk assessor, the person may appeal to the local board in writing within 10 days of the date of such order. The appeal shall state the reasons for requesting such order to be rescinded or modified. The local board shall review the action of the certified EBL inspector/risk assessor. The local board shall order compliance with said order or may, with cause, modify or withdraw said order. Any order of the local board may be appealed within 10 days to the district court for the County in which the local board is located. [Board of Health reg. of 4-27-2022.]
8.30.120 Variances.
The Health Officer may determine that a chewable surface that would otherwise be identified as a hazard by this chapter is not causing or does not have reasonable potential to cause lead exposure and is not required to be corrected through lead-based paint hazard reduction. The elevated blood lead (EBL) inspector/risk assessor shall document the reason for this determination in the inspection report. However, the EBL inspector/risk assessor shall not, under any circumstances, determine that any other surface meeting the definition of hazardous lead-based paint does not need to be corrected through lead-based paint hazard reduction. [Board of Health reg. of 4-27-2022.]
8.30.130 Injunction.
Nothing in this chapter shall prohibit the Black Hawk County Board of Health from pursuing injunctive relief or other relief as allowed by law. [Board of Health reg. of 4-27-2022.]