LD 2047
pg. 3
Page 2 of 6 An Act to Amend the Lead Poisoning Control Act Page 4 of 6
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LR 911
Item 1

 
§1320. Inspection of dwelling units and child-occupied
facilities

 
by department

 
Any authorized representative of the department, upon
presenting the appropriate credentials to the owner and or
occupant, or their representatives a representative of either,
may inspect any dwelling unit or child-occupied facility at
reasonable times for the purpose of ascertaining the presence of
lead-based substances, and may remove samples or objects
necessary for laboratory analysis. Inspections may be made only
when there are reasonable grounds to suspect that there are lead-
based substances in or upon the exposed surfaces of any dwelling
unit or child-occupied facility, or upon the request of either
the owner or the occupant with whom children reside, or when a
case of lead poisoning has been reported.

 
Sec. 12. 22 MRSA §1320-A, as amended by PL 1981, c. 470, Pt. A,
§64, is further amended to read:

 
§1320-A. Inspection of dwellings by department

 
The Except in the case of owner-occupied, single-family
residence, the department shall within 30 days inspect all
dwelling units in a dwelling when:

 
1. Lead poisoning found. A case of lead poisoning has been
found in any dwelling unit within the dwelling; or

 
2. Lead-based substances. Lead base Lead-based substances
have been found in any dwelling unit within the dwelling.

 
The department may, at its discretion, inspect an owner-
occupied single-family residence whenever a lead-poisoned child
has been identified as residing in or receiving care in that
residence.

 
Sec. 13. 22 MRSA §1321, sub-§§1, 3 and 4, as amended by PL 1995, c. 453,
§11, are further amended to read:

 
1. Notice posted. The department shall post in or upon the
dwelling, premises, residential child-care facility or preschool
facility day care center or nursery school, in a conspicuous
place or places, notice of the existence of environmental lead
hazard. Notice may not be removed until the department states
that the environmental lead hazard no longer exists;

 
3. Notice to owner; removal. The department shall give
notice of the existence of the environmental lead hazard to the
owner and order that the lead-based substances be removed,
replaced or securely and permanently covered within 30 days of
receipt of the notice. The department shall adopt rules for


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