Lead Hazards Project

11/29/2017

 dutchboy paint image Lead, one the 95 naturally occurring elements found on Earth, has many properties that makes it attractive as an industrial metal. But when ingested by a child, it can lead to long-term adverse effects.

The dangers of using lead have long been known. It was used, however, in this country in many products, mainly in leaded gas and residential paint. By the late 1970s, most of these uses were discontinued, yet the lead remained in the environment, particularly in the paint in older housing.

When children come in contact with lead, it can reduce their intelligence, impair hearing and reduce stature. Levels as low as 5 µg/dL or lower in infants, young children, and pregnant women are associated with impaired cognitive function, behavior difficulties, fetal organ development and other problems. In fact, no amount of lead can be considered safe in young children.

NCSL Environmental Health "Lead in the Water" 2017 Webinar Series

Person drinking a glass of water.The tragedy in Flint, Mich., caused states to rethink their approach to lead in water and lead service lines. Although water utilities provide corrosion control to keep lead pipes from leaching, utilities do not control the pipelines from the water service to the building or house. These lead service lines account for an estimated 50 percent to 75 percent of the lead in drinking water. With water from lead service lines being identified as a common source of lead exposure in children, states are looking for approaches to replace these lines.

NCSL conducted a three part webinar series on "Lead in the Water" in 2017. The following are the resources and presentations from each webinar.

Lead in Housing

Lead-based paint is currently the foremost source of lead in the environment, which is found in homes built before 1978. For housing built before 1955, when house paint contained up to 50 percent of lead, lead-based paint hazards are common. In these homes—and in many built between 1950 to 1978—paint wears down into flakes, chips and dust as it ages or if it is not properly maintained.

Renovation or maintenance projects that disturb lead-based paint can create lead dust hazards. Dust from renovation projects can be found almost anywhere—on toys, walls, floors, tables, carpets or the fingers of young children. Lead can be abated in homes, but the process is costly.

State Efforts

Legislation graphic.Forty-four states have adopted laws addressing lead hazards. In 38 states, contractors must be trained and certified to abate and inspect lead-based paint. Fourteen states and the U.S. EPA require renovators to have training on lead hazards in homes.

NCSL produced a document for legislators on lead hazards: Lead Renovation, Repair and Painting: A Guide for States on the Federal Renovation, Repair and Painting Rule

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

State Lead Statutes
State Statute Summaries

Alabama

Ala. Code. §§ 22-37A-1 to 22-37A- 9

Authorizes the State Board of Health to develop a program relating to indoor lead hazard reduction, including the establishment of fee schedules and the disposition of fees levied; requires the certification of persons involved in lead hazard removal activities; provides criminal penalties; creates and provides for special funding; makes an appropriation from the General Fund.

Alabama

Ala. Code §§ 22-37-1 to 22-37A-6

Alabama Lead Ban Act; Restricts products which are not lead free.

Arizona

Ariz. Rev. Stat. Ann. §§ 36-1671 to 36-1676

Prohibits certain uses of lead-based paint and authorizes the department of health to develop and conduct programs to prevent, detect and treat lead-based paint poisoning.  The statute also requires reporting by physicians of blood/lead above 25 ug/dL; provides for educational programs to communicate the danger and prevalence of LBP; prohibits the application of LBP to any interior surface, any toy, furniture or eating utensil that may be accessible to children under 7 years, and requires warning label defines LBP as 5/10 of 1% by weight as calculated as lead metal; requires labels on all LBP that may be sold to the public.

Arkansas

Ark. Code Ann. §§ 20-27-601 to 20-27-608

Provides for the prevention, screening, diagnosis, and treatment of lead poisoning including elimination of the sources of the poisoning through research, education, epidemiological, and clinical activities. 

Arkansas

Ark. Code Ann. §§ 8-4-401 to 8-4-409 

Authorizes the Arkansas Department of Pollution Control and Ecology to adopt administer and enforce a program for the licensing of lead abatement professionals including training programs, procedures and requirements for licensing and certification.  Establishes a lead-based paint-hazard fund which shall consist of all of the monies collected under this section.  The Department of Pollution Control and Ecology is authorized to promulgate rules to administer the fund and collect such fees as they may require.

California

Cal. Health and Safety Code §§105256-105310

Establishes the Childhood Lead Poisoning Prevention Program within the Department of Health Services and requires them to compile information, identify target areas, and analyze information to design and implement a program of medical follow-up and environmental abatement to reduce childhood lead exposure. 

California

Residential Lead Based Paint Hazard Reduction Act Cal. Health and Safety Code § 105250

Establishes a program within the department of health services to meet the requirements of the Residential Lead Based Paint Hazard Reduction Act.  Gives the department the authority to implement and administer the program including the promulgation of rules and regulations.  Requires the accreditation of training providers and the certification of workers who complete training.

California

Toys, Jewelry, Plumbing and Packaging Cal. Health and Safety Code § 108555

Prohibits the manufacture, sale or exchange of toys with a lead content in excess of the amount permitted by federal regulations.

California

Disclosure Requirements Cal. Civ. Code §§ 1102.6 - 1102.6c

Requires the disclosure upon sale of a property any LBP that may be a hazard.

California

Childhood Lead Poisoning Prevention Fee Cal. Rev & Tax. Code §§ 43553, 43554

Provides for the administration and collection of a lead-poisoning prevention fee.

California

Lead-Safe Schools Protection Act, Cal. Educ. Code §§ 32240 to 32245

Implements a lead poisoning prevention and protection program within schools.

California

Lead-Related Activities in Construction Work Cal. Lab. Code §§ 6716 - 6717

Provides for the establishment of standards that protects the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair.

Colorado

Lead Hazard Reduction Program Colo. Rev. Stat. Ann.  §§ 25-5-1101 to 1108

Establishes the Lead Hazard Reduction Program within the Department of Public Health and Environment; requires the Department on or before July 1, 1998, to establish a comprehensive plan to reduce elevated blood lead levels in children and control exposure to lead-based paint hazards in residences and child-occupied facilities.

Colorado

Lead-Based Paint Abatement Colo. Rev. Stat. Ann.  §§ 25-7-1101 to 1107

Requires the Air Quality Control Commission to promulgate rules to implement a training and certification program for lead professionals, meaning persons and companies involved in inspection, risk assessment, planning, project design, supervision, or conduct of the abatement of surfaces containing lead-based paint.  Requires renovators to provide a notification pamphlet to owners of target housing.  Authorizes the commission to establish fees to cover the cover the costs of the program.

Connecticut

Financial assistance for removal of lead-based paint and asbestos Conn. Gen. Stat. Ann. § 8-219e

Provides for loans and grants up to 2/3 cost of the abatement to persons seeking to abate the hazards of LBP.

Connecticut

Conn. Gen. Stat. Ann. § 10-206, 10-206b

The local or regional boards of education shall require each pupil to have a health assessment that may include testing for lead levels in the blood.

Connecticut

Conn. Gen. Stat. Ann. §§ 19a-80, 19a-87b

Designates the Department of Public Health as the agency responsible for licensure of family day care homes.  Requires the department to inspect family day care homes for any evident sources of lead poisoning prior to its being licensed by the department.  The department shall make unannounced inspections of at least 1/3 of the licensed homes each year.

Connecticut

Conn. Gen. Stat. Ann. §§ 19a-110 ,19a-111a-e

Requires the establishment of a lead poisoning prevention program, an education and early diagnosis program, and regulations regarding abatement of lead-based paint.  Specifics of the above statutes include: the establishment of a program to provide services, including but not limited to the prevention and elimination of lead poisoning through research, abatement, education, and epidemiological and clinical activities; the initiation of educational and publicity programs to inform the general public, teachers, social workers, human service personnel, and owners of residential property of the dangers, frequency and sources of lead poisoning and methods of prevention; the establishment of an early diagnosis program to detect cases of lead poisoning; the establishment of a program to detect the sources of lead poisoning; the requirement of owners of dwellings containing toxic levels of lead and in which children under the age of six (6) reside to abate or manage such dangerous materials consistent with regulations; the authorization of any liquid, cementitious or flexible encapsulant product which complies with an appropriate standard and the maintenance of a list of such encapsulant products that may be used for abatement of lead.

Connecticut

Standards for licensure of lead abatement contractors and lead consultant contractors and certification of lead consultants, lead abatement supervisors and lead abatement workers Conn. Gen. Stat. Ann. §§ 20-474 to 20-482

Prohibits that no entity shall hold itself out as a lead abatement contractor or lead consultant contractor without a license issued by the commissioner of public health.  The department shall review the technical, equipment and personnel resources of each applicant. Provides that no person shall hold himself out as a lead consultant, lead abatement supervisor or a lead abatement worker without a certificate issued by the commissioner of public health.

Delaware

Childhood Lead Poisoning Prevention Del. Code Ann. tit. 16 §§ 2602-2605

Requires every health care provider to screen children for elevated blood leads by 1 year of age.  The act also requires that: child-care facilities, public and private nursery schools, preschools and kindergartens to screen every child born after March 1, 1995 unless their parent objects; all individual health insurance polices that provide benefit out patient services to cover blood lead screening for children at 1 year of age; directs primary health care providers to screen children for lead poisoning at 1 year of age; and all laboratories doing testing to participate in an universal reporting system.

Delaware

Establish standards for regulation of lead-based paint hazard control activities Del. Code Ann. tit 16 Del.C. §122(3)t.

Requires the Department of Health and Social Services to establish standards for regulation of lead-based paint hazard control activities, including the training and certification of workers engaged in lead-based paint activities, the establishment of work standards for lead-based paint hazard control and the accreditation of lead-based paint hazard training programs.

District of Columbia

Lead-Based Paint, Lead Poisoning Prevention D.C. Code Ann. § 6-997.1 -.14

Requires the establishment of a program for the reduction, elimination and abatement of lead based hazards including standards and procedures for conducting lead-based paint activities and community outreach and education.

District of Columbia

Lead Based Paint Abatement and Control Act D.C. Code Ann. § 8 -115.01 – 115.14 

 

Florida

Lead Screening Program Fla. Stat. 29 § 381.985

State Surgeon General shall establish a program for early identification of persons at risk of having elevated blood-lead levels.

Georgia

Ga. Code Ann. §§ 31-41-1 to 31-41-19

Provides for the promulgation of regulations regarding training, licensing and certification of persons performing lead hazard reduction activities, including abatement, inspection and renovation work; sets workplace standards for performing such activities; provides for reciprocity; and provides for fees, among other purposes.

Hawaii

Training, Certification and Accreditation for Lead-Based Paint Professionals Haw. Rev. Stat. §§ 321.13

The state statute authorizes the department of health, with the approval of the governor, may adopt rules deemed necessary for public health and safety respecting environmental health professionals. The term “environmental health professional” was adopted to replace the words “lead inspectors, lead risk assessors, lead abatement workers, lead abatement supervisors, and lead abatement project designers.” 

Hawaii

Haw. Rev. Stat. §§ 342P-1 to 342P-44

Authorizes the Department of Health to establish standards and notification requirements for lead abatement activities in dwellings and child occupied facilities.  Also authorizes the Department of Health to establish an accreditation program for lead inspectors and risk assessment specialists.

Illinois

Lead Poisoning Prevention Act Ill. Rev. Stat. ch. 410 para. 45/1 to 45/17; 45/6.3

Provides for the establishment of a lead poisoning prevention program under the Department of Public Health and directs the department to perform certain activities.  The statute also prohibits or regulates the use of lead-bearing substances; requires directors of clinical laboratories to report within 48 hours results of all  positive blood lead analysis performed in their facility, all negative results must be reported to the department in accordance with rules adopted by the department but not less than 30 days after the end of the month in which the negative results are obtained; grants authority to the department to investigate sources of lead in dwellings, to provide for notification, and to require the owner to remove, replace, or secure a covering over the lead-bearing substance in a manner that will not endanger the health or well-being of its occupants.

Illinois

Comprehensive Lead Education, Reduction, and Window Replacement Program Act Ill. Ann. Stat. ch. 410 para 43/1 to 43/30

Assist residential property owners through loan and grant programs to reduce lead paint hazards through window replacement in pilot area communities. Where there is a lack of workers trained to remove lead‑based paint hazards, job‑training programs will be initiated. The General Assembly also recognizes that training, insurance, and licensing costs are prohibitively high and hereby establishes incentives for contractors to do lead abatement work.

Indiana

Lead-Based Paint Activities Ind. Code Ann. 17 §§16-41-39.4-1 to 16-41-39.4-4

Requires the Department of Health to establish a lead-based paint activities program to ensure that a person conducting lead-based paint activities in certain specified housing and child-occupied facilities does so in a manner that protects the health of the building's occupants, especially children six (6) years of age and younger.  It also requires a person who engages in lead-based paint activities to obtain a license from the department of environmental management.

Indiana

Childhood lead poisoning Ind. Code Ann. §§16-41-39.4-1 to 16-41-39.4-4

Authorizes the state department of health to determines the extent of lead poisoning in children under six, provide consultation and education to medical providers regarding lead poisoning, receive and analyze blood samples, work with local health departments on lead detection and provide outreach and education to consumers and develop and maintain a database of children with lead poisoning.

Indiana

Ind. Code Ann. §§ 20-8.1-7-11, 20-8.1-7-15

Requires schools to file a report within 60 days of a child’s first attendance at school that contains the number of children who have been found positive for lead poisoning.  Allows a school to require that its students be tested for lead poisoning.

Iowa

Lead Abatement Program Iowa Code Ann. §§ 135.100 -105c

Establishes a lead abatement program within the Department of Public Health.  The statute requires the department to implement and review programs designed to eliminate or reduce dangerous levels of lead in children; establishes a program for the training and certification of lead inspectors, renovators and lead abaters; training and licensure is required; for housing constructed prior to 1978, the department requires that any person who performs remodeling or painting provide the owner and occupant of the dwelling with an approved pamphlet containing lead hazard information.

Kansas

Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations KS. Stat. 65-1,202, 65-1,204 – 1,213 

Establishes a childhood lead poisoning prevention program within the department of public health, with the authority to develop the program, investigate the extent of lead poisoning in the state, provide for surveillance and data management, educate health care providers, recommend how and when children should be screened, and develop a program to assist local health departments in screening children and providing case management services for lead-poisoned children and other prevention services.

Kansas

Licensure of certification to perform lead-based paint activities KS. Stat. 65-1203

Prohibits a business entity or public agency from engaging in lead-based paint activities without a proper license; individuals may not engage in lead-based paint activities unless certified by the state.  Owner/occupiers or business and public agencies doing work on nonresidential dwellings are exempt from certification and licensure, but must follow work practice guidelines and statutes.

Kentucky

Lead Poisoning Prevention Ky. Rev. Stat. Ann. §§ 211.900-211.905, 211.9061-211.9065, 211.990

Provides the authority for the secretary for Human Resources to establish a lead poisoning prevention program including the screening, diagnosis and treatment of lead poisoning; makes screening for lead poisoning part of the regular immunization program; • authorizes a training, certification and accreditation program.

Louisiana

Lead paint poisoning prevention and control act La. Rev. Stat. Ann. §§ 40:1299:26 to 40:1299:29

This act originally established a comprehensive lead poisoning control program, but was repealed in 1989.  The act currently encompasses the sale and use of lead-based paint, the removal or repainting of such surfaces, and the enforcement of such provisions.

Louisiana

Lead Hazard Reduction, Licensure and Certification La. Rev.  Stat. Ann. §§ 30:2351-2351.59

This law provides for lead hazard reduction.  Included in the bill are licensure and certification requirements for lead abatement and inspection professionals, abatement provisions, disposal requirements, authority to promulgate regulations relating to lead hazard reduction, and funding for such programs.

Maine

Lead Poisoning Control Act Me. Rev. Stat. Ann. tit. 22 §§ 1314 to 1327

Enacts a lead poisoning control program that encompasses the restriction of sale and use of lead-based products, an early diagnosis program, educational outreach, reporting requirements, inspections by public health officials, notice to remove hazards, enforcement provisions and grants the Department of Human Services the authority to implement these activities; requires licensure of lead inspectors and abaters; requires all residential child-care facilities and preschool facilities have environmental lead inspections once every 3 years by a certified inspector; grants the department the authority to inspect dwelling units to ascertain the presence of lead, to provide notice to owners/occupants, and to order the removal, replacement, or the covering of surfaces containing lead-based substances.

Maine

Lead Poison Control Me. Rev . Stat. Ann. tit. 38 §§ 1291-97

Ensures safe abatement of lead hazards.  Abatement means any measure or set of measures designed to permanently eliminate lead-based paint hazards; abatement does not include renovation and remodeling; Lead-based paint activities means inspection, risk assessment, lead abatement design, lead abatement and services related to lead based paint such as lead screening, lead determination and deleading; A person may not engage in any lead based paint activities unless license or certified.

Maryland

Lead-based paint Md. Code Ann., Envir.  § 6-301 to 6-304 6-801 to 6-852; 6-901 to 6-903; 6-1001 to 1-1005

Prohibits the use of lead-based paint on any interior surface, on any exterior surface commonly accessible to children, or any article that is intended for household use.  The act also requires physicians to report persons with EBL levels, and creates an advisory council to explore the problem of lead poisoning.  Requires local heath departments who receive reports of children with blood levels greater than or equal to 25ug/dl and less than 20ug/dl to notify the child’s parents and the owner of the dwelling if the child lives in rental housing. Provides for the accreditation of training providers and the certification and licensure of lead abatement professionals.

Maryland

Reduction of Lead Risk in Housing Md. Code Ann., Envir.  §§ 6-801 to 6-852

Establishes a lead poisoning prevention commission, the lead poisoning prevention fund, and risk reduction standards for affected properties; requires owners of affected properties to register those properties and perform risk reduction activities.  Provides for immunity from liability under certain circumstances, specifies insurance requirements for certain insurers and owners, includes other provisions.

Maryland

Failure of lessor to remove lead-based paint; rent escrow Md. Code Ann., Real Prop.  § 8-211.1

Provides for a lessee of a rental property which the lessor has failed to remove lead-based paint within 20 day of notice to deposit rent with the District Court where it will be held until the lessor has remedied the situation.  The tenant may not be evicted or be subject to an increase in rent for exercising this remedy.

Massachusetts

Lead Poisoning Prevention and Control Mass. Gen L. ch. 111 §§ 189A to 199B

Establishes a comprehensive lead poisoning prevention program.  The act directs the program to promulgate regulations regarding screening of children under 6 years and pregnant women, guidelines for medical follow-up, and procedures for reporting EBL levels; a program to detect sources of lead, providing for inspections of residential premises, procedures to notify owners/occupants, and screening of residents 6 years or lessprovision that requires the owner of a residential premises to remove or cover lead-based materials so as to make them inaccessible to children under 6 years, and a provision forbidding discrimination against any renters, lessees, or persons seeking financing; a licensing procedure for persons who inspect or delead (abate) to assure those persons have been trained in the areas of safe work practices, health risks, precautionary measures, and other safeguards.

Michigan

Mich. Comp. Laws §§ 333.5451 to 333.5477

Requires certification for any person who is engaging in a lead based paint activity.  There are five disciplines for which the department of health will certify a person, inspector, risk assessor, supervisor, project designer, and abatement worker.  For all disciplines but project designer, a person must take a training course and receive a course completion certificate from an accredited training program, meet the experience or education requirements and pass a third party exam for the appropriate discipline.  For project designers, they must complete an accredited training course and receive a certificate of completion and meet the experience or education requirements.  To become certified a person must submit an application,  and pay a fee.  Requires that the department of health establish a Lead Poisoning Prevention Program that includes prevention of childhood lead poisoning educational and community outreach, and reporting of all blood lead level tests.  If such a test exceeds 10 micrograms per deciliter the department must contact the local health department pr physician.  Requires reporting of blood lead levels in children that exceed 10 micrograms per deciliter to the state legislature annually.

Michigan

Childhood Lead Poisoning Prevention Commission and Lead in Products Act Mich. Comp. Laws §§ 333.5478 to 333.5493

Provides for Childhood lead poisoning prevention and control commission, authorized until 2010, to study and propose recommendations to eliminate lead poisoning in the state.  The commission is charged with studying the environmental threats of lead poisoning to children's health, reviewing the state's lead poisoning prevention program and evaluate its effectiveness, and make recommendations to the legislature.

Minnesota

Childhood Lead Poisoning Act Minn. Stat. Ann. §§ 144.9501 to 144.9509

Provides for the Department of Health to establish a childhood lead poisoning prevention act, including requirements for licensing of contractors, renovators and inspectors, proper work practice methods, interim controls, swab teams, identification of persons at high risk for elevated blood lead levels, lead surveillance, primary and secondary prevention and provides enforcement.

Minnesota

Lead Certification; Pre-1978 Structures Minn. Stat. Ann. § 326B.106

Requires municipalities to ensure residential building contractors verify their lead certification qualifications when issuing permits on pre-1978 structures.

Mississippi

Lead-Based Paint Activity Accreditation and Certification Act Miss. Code Ann. §§ 49-17-501 to 49-17-531

Authorizes the Department of Environmental Quality (DEQ) to establish, implement and enforce a program for the accreditation and certification for those involved in renovation and lead abatement activities in target housing, child-occupied facilities and other facilities regulated under TSCA §402.  Accreditation of training providers is also included.  The Department is authorized to collect fees to support the program.  The legislation also provides for reciprocity with other states.

Missouri

Lead Poisoning Prevention Mo. Stat. Ann. §§ 701.300 to .345

Provides for the establishment of a lead poisoning prevention program and commission.  The program requires the department of health to set standards for blood lead levels, residential abatement, inspections, and training; provide for the licensure and accreditation lead abatement and inspection professionals; and establishes enforcement authority.  The act also provides for educational and outreach programs.

Nebraska

Environmental Lead Hazard Control Act Neb. Rev. Stat. §§ 71-6318 to 71-6333

Requires any person or business entity that engages in a lead abatement project to hold a valid license as provided in the Environmental Lead Hazard Control Act.  The law establishes a training and certification program and includes enforcement provisions. 

Nebraska

Childhood Lead Poisoning Prevention Act Neb. Rev. Stat. §§ 71-2513 to 71-2517

Recognizes the serious threat that poisoning poses to children.  Allows the department of health to develop a statewide lead hazard awareness action plan and provide information and education to the public, parents, health care providers, and educators to increase awareness.

New Hampshire

Lead paint poisoning prevention N.H. Rev. Stat. Ann. §§ 130-A:1 to 130 A:18

Provides for inspections, notice and removal, prohibits certain acts, and grants authority to the director of public health to promulgate regulations regarding lead poisoning prevention; requires the department to inspect dwellings or child care facilities only when there is reasonable grounds to do so; requires the department to conduct an inspection of all units within a dwelling if one unit is identified with lead-based paint hazards; prohibits children being present during the abatement of lead hazards; provides for the licensing of lead abatement training providers, contractors, workers, supervisors, inspectors, and risk assessors.

New Jersey

N.J. Rev. Stat. Ann. §§ 26:2-130 to 137.7

Promulgates regulations for lead poisoning prevention through the Administrative Procedures Act.  The statute requires the commissioner of the department of health to promulgate regulations to identify sources of lead within dwellings, to establish testing procedures to detect lead in persons, to stimulate professional and public education concerning the need to test, detect, and control lead poisoning and to abate identified lead hazards.

New Jersey

Lead Evaluation and Abatement N.J. Rev. Stat. Ann. §§ 26:2Q-1 to 26:2Q-12

Requires certification by the department of health before a person can perform a lead evaluation or lead abatement; requires the commissioner of health to establish a certification program to assure that lead abatement and evaluation work is done safely.

New York

Control of lead poisoning N.Y. Pub. Health Law §§ 1370 to 1376-a

Provides for the prohibition of sale of certain products containing LBP, the abatement of lead poisoning conditions, and the enforcement for these rules and regulations.  Also provides for a lead poisoning prevention program including the screening of pregnant women and children, a registry of children with elevated blood levels and a program coordinate lead poisoning prevention, exposure reduction, and identification and treatment activities with state, federal and local agencies.

North Carolina

Lead Poisoning in Children N.C. Gen. Stat. §§ 130A-131.5 to 130A-131.9G

Requires the state to adopt rules for the prevention and control of lead poisoning in children, including reporting requirements by laboratories of children under 6 years with EBL levels, investigations to determine the sources of EBL done by the department, abatement of lead poisoning hazards in dwelling, schools and day care facilities determined by the department to be a potential source of EBL in children less than 6 years, removal of the children shall not constitute abatement.

North Carolina

Lead-Based Paint Hazard Management Program N.C. Gen. Stat. §§ 130A-453.01 to 130A-453.11

Establishes an authorized state program to meet federal requirements under section 404 of the Toxic Substances Control Act.

North Dakota

N.D. Century Code 23-25-01 to 23-25-03.1

Amends the asbestos law to include lead abatement and remediation, requires the Department of Health to adopt and enforce regulations regarding the administering and enforcing a licensing program for asbestos contractors and lead-based paint contractors, and a certification program for asbestos workers and lead-based paint workers.

Ohio

Lead Poisoning Prevention Ohio Rev. Code Ann. §§ 3742.01 to .99, 4745.01 to .03

Establishes a childhood lead poisoning prevention program.  Provides for the licensure of person performing lead abatement work; the approval of environmental lead laboratories; directs the implementation of a lead poisoning prevention program; and to create the Lead Program fund; among other purposes. 

Oklahoma

Oklahoma Lead-based Paint Management Act Okla. Stat. Ann. tit. 27A §§ 2-12-101 to 2-12-501

Requires the Environmental Quality Board to establish abatement standards and certification requirements for contractors and workers who perform lead based paint services on target housing or child occupied facilities.  Requires the Board to provide accreditation for approved training providers.  The law provides for a training schedule and application of fees, forbids training of persons without a license, and provides enforcement.  Private homeowners and property owners may use certified contractors to abate, but there is no requirement to inspect and no requirement to abate. 

Oklahoma

Comprehensive Lead Poisoning Prevention Program Okla. Stat. Ann. tit. 63 § 114.1

Provides for a public/private task force to review lead poisoning prevention problems within the state and offer advice.

Oklahoma

Lead Impacted Communities Act OKLA. STAT. ANN. tit. 3 § 371

Authorizes the Department of Environmental Quality to make grants, from monies appropriated for that purpose, to state beneficiary public trusts serving communities affected by historic lead and zinc mining and located within the boundaries of federal Superfund sites; to assist  parents or legal guardians of children six (6) years of age and younger.

Oregon

Lead-Based Paint Activities OR. REV. STAT. §§ 431.920, 701.500 TO 701.515

Establishes lead-based paint activity programs to conform with federal law including training, licensing, and registration programs for persons who engage in lead-based paint activities; defines terms; provides for notices as required by federal law; appropriates moneys from the general fund.

Pennsylvania

Lead Occupation Accreditation and Certification Pa. Stat. Ann. tit. 35 §§ 5901 to 5916

Requires certification of individuals engaged in lead-based paint activities; establishes minimum training requirements; requires training for accredited persons; establishes minimum performance and enforcement standards; requires licensing of lead contractors; establishes interim regulations and fees for accreditation, certification and licensure. 

Rhode Island

Lead Poisoning Prevention Act R.I. Gen. Laws §§ 23-24.6-1 to 23-24.6-27

Primary components of the law include an expanded childhood lead screening and diagnosis program, an environmental management and primary prevention program, and mechanisms for funding.

Rhode Island

General requirements relating to the safe and sanitary maintenance of parts of dwellings and dwelling units - lead-based paint R.I. Gen. Laws § 45-24.3-10

Prohibits the use of LBP in dwellings with surfaces accessible to children under 6 years, and provides for inspection and abatement procedures for emergency situations. 

South Carolina

Lead Poisoning Prevention and Control Act S.C. Code Ann. §§ 44-53-1310 to 44-53-1495

Comprehensive act that establishes a program that provides early diagnosis of children with lead poisoning, , requires reporting of lead poisoning followed by an inspection, and notification procedures for informing owners/occupants of lead hazards.

Tennessee

Lead-Based Paint Abatement Certification Act of 1997 Tenn. Code Ann. §§ 68-131-401 TO 68-131-406

Directs the Department of Environment and Conservation to establish a certification for lead abatement professionals including individuals and training providers.  It gives the department the authority to establish standards for the program, insure compliance with regulations, enforce the program and revise regulations and procedures when necessary.  The department is also authorized to establish reciprocity provisions with other states.  The program can be no more stringent than the federal program.

Texas

Federal Lead-Based Paint Abatement Funds; Certification Program Tex. Rev. Civ. Stat. Ann. art. 9029 

Provides for the Department of Health to promulgate a training, certification and accreditation program for lead based paint activities; require certification for persons performing lead-based paint activities in target housing; set standards for lead-based paint activities covering reliability, effectiveness, and safety; the program may meet, but not exceed the federal program.

Texas

Environmental Lead Investigations Tex. Health and Safety Code Ann. §88.001

Addresses follow-up investigations and case management for children with confirmed blood lead levels.  This may include inspections of the child's home, child-care facility, or child-occupied facility, as well as guidance to parents, guardians and the medical community on how to limit or eliminate lead hazards.

Utah

Lead-Based Paint Remediation Utah Code Ann. § 19-2-104

This Act authorizes the Air Quality Board to make rules implementing lead based paint remediation training, certification and performance requirements in accordance with federal law.  The Board may also establish work practice certification, and clearance air sampling requirements for persons who conduct lead paint inspections in facilities subject to federal law and establish certification requirements for persons required under federal law to be accredited as inspectors, risk assessors, project designers, renovators or abatement workers.

Vermont

Childhood Lead Poisoning, Screening, and Lead Abatement Act VT. Stat. Ann.  tit.  18 §§ 1751-1765

This act establishes a training and certification program for lead hazard abatement workers within the Department of Health.  The act also provides for blood lead screening upon request, inspects and tests for child care facilities, and ensures that lead-based hazards are disclosed prior to sale or lease of housing built before 1978. Requires owners and managers of rental properties and child care centers to have essential maintenance practices performed by certified contractors in target properties.  The act provides for a housing registry, describes essential maintenance practices, and provides for legal incentives for owners to perform the hazard control activities.  It also requires insurers to provide liability coverage of lead-based paint hazards.

Virginia

Duties of lead certified contractors Va. Code Ann. § 40.1-51.20

Requires that any licensed contractor or lead inspector notify the department of labor and industry at least 20 days prior to the commencement of an asbestos or lead project.  Also requires that the licensed or certified contractor obtain a permit for the project and pay a fee.  The licensed or certified contractor must also keep records for thirty years containing details of the project.

Virginia

Certification of Lead Contractors, Professionals and Workers Va. Code Ann. §§ 54.1-500 to 54.1-517

Relates to certification of contractors, inspectors, professionals, and workers who may disturb lead-based paint.  Provides that lead hazard reduction activities meet the requirements of the federal program.

Virginia

Immunity from liability for lead-based paint maintenance; notification to tenants of lead-based paint report Va. Code Ann. § 8.01-226.7

Owners and agents of residential dwellings shall not be liable for civil damages if they provide tenants with an EPA-approved lead hazard information pamphlet; discloses any known lead-based paint and/or lead-based paint hazards; maintained the lead-based paint surfaces in accordance with the International Property Maintenance Code;  and If a public housing authority, met all other applicable federal requirements.

Virginia

Establishing protocols for lead poisoning prevention Va. Code Ann. §§ 32.1-46.1

Requires the Board of Health to establish protocols for the identification of children at risk for elevated blood-lead levels, requiring testing at appropriate ages and frequencies and requiring physicians to make available information on the dangers on lead poisoning, along with a list of available resources, as part of well check visits for all children;

Virginia

Establishing protocols for lead poisoning prevention Va. Code Ann. §§ 55-248.39

Requires landlords to maintain painted surfaces of dwelling units in compliance with the International Property Maintenance Code of the Uniform Statewide Building Code.  The landlord's failure to meet this standard is enforceable and entitles the tenant to terminate the agreement.

Washington

Lead Based Paint Activities Wash. Rev. Code § 70.103.010 to 70.103.090

Establishes a lead-based paint activities program within the department of Community, Trade, and Economic Development to protect the general public from exposure to lead hazards and to ensure the availability of a trained and qualified work force to identify and address lead-based paint hazards.  The program shall be consistent with the Federal Lead-Based Paint Hazard Reduction Act (Title X) and may not be more restrictive than corresponding state or federal regulations.  The law provides for the accreditation of training providers; the licensure and certification of renovators, abatement contractors, risk assessors and inspectors.  The act also provides for a lead paint account in the treasury to store moneys received through program receipts which can only be spent for purposed described in the act.

West Virginia

Lead Based Paint Abatement W. Va. Code §§ 16-35-1 to 16-35-13

Establishes the West Virginia “Lead Abatement Act” which requires the director of the West Virginia division of health to propose rules to implement a training, accreditation and certification program for lead abatement contractors, supervisors or workers, lead inspectors, lead risk assessors and lead abatement project designers.  Requires a license to work in any of the above listed disciplines.  The act also provides for suspension or revocation of licenses.  Requires contractors to ensure that his or her employees are properly licensed, that the project is properly supervised, and that proper records are kept.  The act exempts homeowners, renovation and remodeling projects and activities covered by OSHA from notification and licensure requirements.  The director may also establish requirements for laboratories and lead abatement contractors for mandatory reporting of any person medically confirmed elevated blood level.  The act also requires notification to the division of health by the person responsible for the building where a lead abatement project is to occur.

Wisconsin

Lead Poisoning Prevention Wis. Stat.  §§ 254.11 to 254.30

Comprehensive act relating to lead poisoning prevention.  Prohibits certain uses of lead, provides for reporting requirements, inspection and abatement procedures, grants authority to the Department of Health and Social Services, and enforcement of these provisions.

 

 

 

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