15A N.C. Admin. Code 18A.3104

Current through Register Vol. 38, No. 24, June 17, 2024

Section 18A .3104 - INVESTIGATION TO IDENTIFY LEAD POISONING HAZARDS

(a) The Department shall conduct an investigation when it reasonably suspects that a lead poisoning hazard to children exists. Reasonable suspicion of a lead poisoning hazard to children may be based on the presence of the following characteristics:

(1) a residential housing unit or a child-occupied facility built before 1950, a unit or facility built before 1978 that contains readily accessible deteriorated paint, or a unit or facility built before 1978 that is undergoing or has undergone renovations or remodeling within the last six months, unless the unit is lead-safe housing or is in compliance with the maintenance standard;

(2) a child less than six years old residing in, regularly visiting, or attending the unit or facility; and

(3) a referral by a local, state, or federal public health, environmental protection, or human services official, or building inspector.

(b) Notwithstanding the existence of a certificate of compliance with the maintenance standard, the Department shall investigate a residential housing unit occupied or regularly visited by a child less than six years old who has a persistent elevated blood lead level or confirmed lead poisoning.

(c) The Department may upon request conduct an investigation to identify lead poisoning hazards at a proposed or substitute residential housing unit of a child less than six years old with a persistent elevated blood lead level or confirmed lead poisoning who is seeking alternative housing.

15A N.C. Admin. Code 18A .3104

Authority G.S. 130A-131.5; 130A-131.7; 130A-131.8; 130A-131.9A;
Eff. October 1, 1990;
Transferred and Recodified from 15A NCAC 19I .0104 Eff. August 28, 1991;
Transferred and Recodified from 15A NCAC 21E .0404 Eff. February 18, 1992;
Amended Eff. August 1, 1996;
Temporary Amendment Eff. November 21, 1997;
Amended Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 20, 2019.

Authority G.S. 130A-131.5; 130A-131.7; 130A-131.8; 130A-131.9A;
Eff. 10/1/1990;
Transferred and Recodified from 15A NCAC 19I .0104 Eff. 8/28/1991;
Transferred and Recodified from 15A NCAC 21E .0404 Eff. 2/18/1992;
Amended Eff. 8/1/1996;
Temporary Amendment Eff. 11/21/1997;
Amended Eff. 4/1/1999.