SB-0756, As Passed House, December 9, 2004

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 756

                                                                             A bill to amend 1978 PA 368, entitled                                             

"Public health code,"                                                       

(MCL 333.1101 to 333.25211) by adding sections 5474b and 5474c.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 5474b.  (1) The department in cooperation with the                     

2   family independence agency and the Michigan state housing                   

3   development authority shall establish and maintain a registry, to           

4   be known as the "lead safe housing registry", to provide the                

5   public with a listing of residential and multifamily dwellings              

6   and child occupied facilities that have been abated of or have              

7   had interim controls performed to control lead-based paint                  

8   hazards as determined through a lead-based paint investigation              

9   performed by a certified risk assessor certified under this                 

10  part.                                                                       

11      (2) The owner of target housing that is offered for rent or                 

1   lease as a residence or the owner of a child occupied facility              

2   shall register that property with the department if that property           

3   has been abated of or has had interim controls performed to                 

4   control lead-based paint hazards as determined through a                    

5   lead-based paint investigation performed by a certified risk                

6   assessor certified under this part in a form as prescribed by the           

7   department free of charge.  The form shall include, at a minimum,           

8   the following:                                                              

9       (a) Name of the owner of the building.                                      

10      (b) Address of the building.                                                

11      (c) Date of construction.                                                   

12      (d) Date and description of any lead-based paint activity                   

13  including the name of the certified abatement worker or the                 

14  certified risk assessor certified under this part who performed             

15  the abatement or conducted the inspection, lead-hazard screen,              

16  assessment, or clearance testing of the building and the results            

17  of the lead-based paint activity.                                           

18      (3) An owner required to register his or her property under                 

19  subsection (2) shall provide the department with a copy of each             

20  report, document, or other information that is required to be               

21  filed with the federal government under federal law and                     

22  regulations related to lead-based paint.                                    

23      (4) The owner of any other residential or multifamily                       

24  dwelling that is offered for rent or lease as a residence or the            

25  owner of a child occupied facility may register that property               

26  with the department and the department shall include that                   

27  property on the lead safe housing registry.  A person who wishes            

1   to register under this subsection shall execute and return the              

2   registration form to the department with payment of the                     

3   registration fee in an amount as prescribed by the department.              

4       (5) The department shall publish the lead safe housing                      

5   registry on its website and provide a copy of the registry to a             

6   person upon request.  The department may charge a reasonable,               

7   cost-based fee for providing copies of the lead safe housing                

8   registry under this subsection.

9   Sec. 5474c.  (1) The legislature recognizes the imminent                    

10  threats posed to children's health and cognitive development from           

11  ingestion of lead paint dust in residential neighborhoods, the              

12  broad dispersal of lead-laden soils from historical airborne                

13  deposition of leaded fuel emissions, and identified specific                

14  facilities that present known or potential lead hazards.  The               

15  legislature further recognizes the need to educate the citizens             

16  of this state regarding those threats.                                      

17      (2) The legislature declares that October 23 through October                

18  29, 2005 shall be known as the "Lead Poisoning Prevention Week"             

19  and for each year thereafter the period beginning on the fourth             

20  Sunday of October through the following Saturday shall be known             

21  as the "Lead Poisoning Prevention Week".