GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-209
AN ACT TO AMEND THE LAW REGARDING THE CONTROL OF CHILDHOOD LEAD EXPOSURE.
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-131.5 reads as rewritten:
"§ 130A-131.5. Commission to adopt rules.
(a) For the protection of
the public health, the Commission shall adopt rules for the prevention and
control of lead poisoning in children in accordance with this Part. children.
The rules shall include provisions for:
(1) Reporting by
laboratories of elevated blood lead levels in children less than six years of
age; the rules shall specify the public health agency to which reports shall be
made, and shall establish when a blood lead level is considered to be elevated.
The rules shall further provide the specific information to be included in the
reports, the time limits for reporting, and the form in which reports shall be
submitted;
(2) Investigation
by the Department to determine the source of elevated blood lead levels;
(3) Identification
of lead poisoning hazards;
(4) Examination
and testing of children less than six years of age who are reasonably suspected
of having elevated blood lead levels; and
(5) Abatement of
lead poisoning hazards in dwellings, schools and child care centers determined
by the Department to be a potential source of an elevated blood lead level in a
child less than six years of age.
(b) Abatement
orders issued by the Department pursuant to this section shall require
elimination of the lead poisoning hazard. Removal of children from the
dwelling, school, or child care center shall not constitute abatement if the
property continues to be used for a dwelling, school, or child care center."
Section 2. G.S. 130A-131.7(1) reads as rewritten:
"(1) 'Abatement' means identifying
lead-based paint, identifying or assessing a lead-based paint hazard, or undertaking
any of the following measures to eliminate a lead-based paint hazard:
a. Removing lead-based paint from a surface and repainting the surface.
b. Removing a component, such as a windowsill, painted with lead-based paint and replacing the component.
c. Enclosing a surface painted with lead-based paint with paneling, vinyl siding, or another approved material.
d. Encapsulating a surface painted with lead-based paint with a sealant.
e. Any other measure approved by the Commission.
The term includes an inspection and a risk assessment."
Section 3. G.S. 130A-131.9C(j) reads as rewritten:
"(j) The Department shall verify by visual inspection that the approved remediation plan has been completed. The Department may also verify plan completion by residual lead dust monitoring and soil or drinking water lead level measurement.
(j1) Compliance with the
maintenance standard shall be deemed equivalent to meeting satisfies the
remediation plan requirements as long as exterior surfaces are also
addressed. requirements for confirmed lead poisoning cases identified on
or after 1 October 1990 as long as all lead poisoning hazards identified on
interior and exterior surfaces are addressed by remediation. Except for
owner-occupied residential housing units, continued compliance shall be
verified by means of an annual monitoring inspection conducted by the
Department. For owner-occupied residential housing units, continued
compliance shall be verified (i) by means of an annual monitoring inspection,
(ii) by documentation that no child less than six years of age has resided in
or regularly visited the residential housing unit within the past year, or
(iii) by documentation that no child less than six years of age residing in or regularly
visiting the unit has an elevated blood lead level."
Section 4. G.S. 130A-131.9D reads as rewritten:
"§ 130A-131.9D. Effect of compliance with maintenance standard.
Any owner of a residential housing unit constructed prior to
1978 who is sued by a current or former occupant seeking damages for injuries
allegedly arising from exposure to lead-based paint or lead-contaminated dust,
shall not be deemed liable (i) for any injuries sustained by that
occupant after the owner first complied with the maintenance standard defined
under G.S. 130A-131.7(10) 130A-131.7 provided the owner has
repeated the steps provided for in the maintenance standard annually for
units in which children of less than six years of age have resided or regularly
visited within the past year and obtained a certificate of compliance under
G.S. 130A-131.9E annually during such occupancy; or (ii) if the owner is able
to show by other documentation that compliance with the maintenance standard
has been maintained during the period when the injuries were sustained; or
(iii) if the owner is able to show that the unit was lead-safe housing
containing no lead-based paint hazards during the period when the injuries were
sustained."
Section 5. Part 4 of Article 5 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-131.9H. Application fees for certificates of compliance.
The Department shall collect an application fee of ten dollars ($10.00) for each certificate of compliance. Fee receipts shall be used to support the program that is developed to implement this Part. Fee receipts also may be used to provide for relocation and medical expenses incurred by children with confirmed lead poisoning."
Section 6. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 22nd day of October, 1998.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:55 a.m. this 30th day of October, 1998