Document nmnL94qNyxaRBxr6XBa5ZZgrR

NOUSBILLNo. 4949 ^OSTODCU"- " La n s in g m c ''' ; >f'- -JJ3 Aterv~ So &a t iq m ^/''J/73 HOUSE BILL No. 4949 June 21, 1973, Introduced by Repe. Ogonovaki, Harriaon, Nelson, Ziegler, Ceakc, Gaerllnga, Brennan, Sheridan, Seachable, Hunelnger, Synons, Mast In, Brodhead, Bradley, Crlffln, Brown, Reich, Karkea, Thaddeus C. Stopczynaki, Stephen Stopczynski, Morris u. Hood, Jr., Raynond W. Hood, Crla, Jondahl and Wolpe and referred co the Cooeilccee on Public Health. A bill to prohibit lead-based paint poisoning; to require warning labels on lead-based paint; to prohibit sales of lead-based paint; to prohibit applica tions of lead-based paint; to prescribe powers and duties of the department of public health; and to prescribe penalties. THE PEOPLE OF THE STATE OF HI CHI CAN ENACT: 1 Sec. I. This ect shall ba known as "the lead-based paint poisoning pr*2 vention act*'. 3 Sac. 2. As used In this act: b (a) "Child" means a natural person who Is under 6 years of age. 5 (b) "Child care facility" '*e*<structure or portion thereof used 6 primarily as a reMdrn.c. -c-- ,, nursery, day care center, clinic, treatment 7 center, or other fecility catering to the needs of children, including an out8 building, fencing, or other structure used In conjunction therewith. 9 (c) "Owe I ting" means a house, building, structure, trailer or vehicle, 25 *73 0007-SWP-036552 HOO%ll No. 4949 N21846  fci KasJtemdfiAh H. 4949 1 or portion thereof, occupied by a nature! person or persons and used as a hone 2 or residence, including an outbuilding, fencing, or other structure used in m conjunction therewith. 4 (d) "Dwelling unit" means a room, group of rooms, or other interior 5 area used by a natural person or persons as a home or residence, including . 6 common passageways or areas, outbuilding, fencing, or other structure used 7 in conjunction therewith. 8 (a) "Household item" means an item designed for use in or around the 9 household, including fixturas, and which, in the ordinary course of use, would 10 be exposed to and chewable by children. 11 (f) "Parson" means a natural person, firm, company, copartnership, 12 manufacturer, contractor, association, governmental unit, or agency. 13 (g) "Lead-based paint" means a paint, glaze, or similar surface coating 14 containing laad compounds of which the lead contant, calculated as the metal exceeds 0.52 of the total weight of the contained solids or dried paint film 16 or 1 milligram par square centimeter as measured by In situ analyzer device. 17 (h) "Readily accessible lead-besed paint" means paint In a peeling, 18 flaking, or chipping condition or located on a surface from which it may be 19 chewed and ingested by children who inhabit or habitually frequent the premises. 20 Surfaces include door frames, doors, window sills, windows, including millions, 21 stair rails, stair rail spindles, stair treads, porch railings, and fencing. 22 Sec. 3. (I) A person shall not sell, offer for sale, display for sale, 23 hold for salejor give away lead-based paint, regardless of intended use, to the 24 general public, unless the container bears. In addition to all other material 25 required by law, the warning prescribed by this section. 26 (2) The following warning, in type sizes no smaller chan indicated, shall be prominently displayed on the container Instruction panel* 25A4 *73 0007-SWP--036563 0007-SWP-000117888 mm a. -.9&9 Warning! (18 point caps) Contains Lead. (12 point caps) Eating or chewing liquid or dried film nay cause brain damage or death. (12 point) 5 Read carefully cautions on instruction panel. (10 point) 6 If the container bears a principal display panel the prescribed warring 7 shall appear thereon. 8 (3) The following warning, in type sizes no smaller than indicated, 9 shall also be prominently displayed but need not appear on the principal dis >0 play panel : U Keep out of the reach of children. (12 point caps) 12 Do not apply on interior or exterior surfaces of any dwelling, 13 14 l5 facility, or related structure which may be used or occupied by children; do not apply on toys, furniture, cooking, eatin^or drinking utensils, or other household items. (10 point) 16 (k) Where the container is too small to permit use of the minimum type 17 sizes prescribed by this section, a reduced size of type, consistent with 18 other laoeling on the container, may be used; however, the type size shall not 19 be less then 6 point unless en exemption is grented under section 3 (c) of the 20 federal hazardous substances act, Public Law 86*613, as amended, and tht regu 21 lations promulgated thereunder. 22 ($) In lieu of the warning statements prescribed by subsections (2) to 23 (5), cautionary labeling meeting the requirements of the federal hazardous 24 substances act, Public Law 86*6)3, as amended, may ba provided. 25 Sec. k. A person shall not sell, offer for sale, display for sale, hold 26 for sale, or give away lead-based paint, ragardless of intanded use, to othar 27 than the general public, unless the container beers, in addition to all other 256k '73 0007-SWP-036564 0007-SWP-000117889 flaw k 1 material required by taw, the following warning: K. S49 2 Warning! Contains lead compound -- do not apply to toys, furniture, 5 4 or any other surfaces which might be chevied by Children. Wash hands thoroughly after using and before eating or smoking. 5 Sec. 5- (I) A person shall not sell, offer for sale, display for sale, $ hold for sale^or give away lead*based paint intended or recommended on the 7 label for use on interior or exterior surfaces of a dwelling, dwelling unit, 8 or child care facility, on toys, furniture, cooking, eating,or drinking uten 9 sils, or ocher household items, or as a general or al1*purpose paint. 10 (2) A person shall not sell, offer for sale, display for sale, hold for 11 sale, or give away a toy, furniture, cooking, eating or drinking utensil, or 12 other household item painted with lead-based paint. 13 Sec. 6. A person shall not apply or cause to be applied a lead-based 14 paint to: >!! (a) An interior or exterior surface of a dwelling , dwelling unit, or child ca'e facility; or 17 (b) A toy, furniture, cooking, eating, or drinking utensil, or other 18 household i tem. 19 Sec. 7. (I) for purposes of enforcing this act,the director of public 20 health or his designatad raprasantatlve may, upon prasenting appropriate 21 credentials to the owner or occupants, oparator, or agants in chargt, inspact 22 any dwelling, dwelling unit, child care facility, or related structure, factory, 23 warehouse, or establishment selling or displaying paints and similar surface 24 coatings, toys, furniture, cooking, eating, or drinking utensils, or other 25 household items. 26 (2) In the course of inspections provided for by this section, the 27 director of public health or his designated representative may take samples of 25kk * 73 I I I 0007-SWP-036565 0007-SWP-000117890 1 ' applied or unapplied peine* or similar surface coating*, when the taking of 2 a sample causes significant economic loss, the party suffering that loss shall ^ 3 be entitled to reasonable compensation* 4 Sec. 8. (1) An owner or agent shall not keep or maintain a dwelling, 5 dwelling unit, or child care facility in a condition where the presence in or about the dwelling, Awaiting unit, or child care facility of readily aeces* 7 sible lead-based peine or any material containing lead in excess of 0.5% 8 by weight or 1 milligram per square centimeter measured by in situ analyzer 9 device presents a danger of lead poisoning to children who inhabit or habitu10 ally frequent the dwellings, dwelling units, or child care facilities. 11 (2) The director of public health or his designated represtntative snail 12 inform the occupants of a dwelling, dwelling unit, or child care facility of 13 violations of this section found on the premises thereof and shall info-m the 14 occupants of the dangers such conditions represent to children and the service^ 15 if any, provided by the department of public health or other agencies for test- 16 ing chiIdren for lead poisoning. 17 (}) If the director of public health or his designated represemtative 18 finds a violation of this section, he shall issue a notice to the owner of 19 record specifying the violation and ordering abatement within a reasonable time 20 from the date notice is Issued. 21 (4) lf the owner of record fells to comply with an abatement order issued 22 pursuant to this section, the director of public health or his designated 23 representative may issue notice to the owner to appear at a hearing before a 24 hearing officer, who shell be eppointed by the director of public health, to 25 snow cause why the department of public health should not take or cause to be 26 taken whatever actions are necessary to abate the violation, at the nxpense of 27 the owner. 25*4 '73 0007-SWP--036566 0007-SWP-000117891 . *94 1 (S) Notice required by this section shall be In writing and shall be sent 2 by registered or certified mail to the last known address of the affected ^3 owner, return receipt requested. The tack of a signed receipt for a notice 4 duly mailed shall not affect the validity of the proceedings taken hereunder. 5 Notice shall be posted upon a conspicuous part of the building or structure. 6 If the affected ovner cannot be found after a diligent search, notice shall 7 be posted upon a conspicuous part of the building or structure and 10 days t thereafter shall be deemed received. 9 (4) The hearing officer shall taka testimony of the director of public 10 health or his designated representative, the owner and any other 11 interested party. The hearing officer shall then render his decision either 12 dismissing the proceedings or authorizing the department of public health to 13 take or cause to be taken whatever actions art raasonably necessary to abate 14 the violation, at the expense of the owner. 15 (7) The entire cost of abatement actions taken or cause to be taken by ^16 the department of public health pursuant to this saction shall ba recoverable 17 from each of the persons responsible for correcting violations of this section 18 by bringing an action In a court of competent jurisdiction. 19 Sec. 9. A person who violates this act shall be fined not more than 20 $500.00 or imprisoned for noe more than 90 days, or both. 25** '73 0007-SWP-036567 0007-SWP-000117892