KRS § 211.905 — KY Code / Title XVIII / Chapter 211 / Section 211.905
211.905 Inspection of dwelling or dwelling unit of occupant with confirmed elevated lead blood level -- Procedure -- Duties of cabinet -- Effect
Status: in_force

211.905 Inspection of dwelling or dwelling unit of occupant with confirmed

elevated lead blood level -- Procedure -- Duties of cabinet -- Effect.

(1) When notified that an occupant of a dwelling or dwelling unit is a child seventy-two

(72) months of age or younger found to have a confirmed elevated blood level, an

authorized representative of the cabinet shall inspect the dwelling and dwelling unit

or other places the child routinely spends more than six (6) hours per week, at

reasonable times, for the purpose of ascertaining the existence of lead-based

hazards. The representative of the cabinet shall present proper credentials to the

owner or occupant of the dwelling or dwelling unit prior to inspection of the

premises. Such representative may remove samples necessary for laboratory

analysis, in the determination of the presence of lead-based hazards in the

designated dwelling or dwelling unit.

(2) Upon determination by the cabinet that there are lead-based substances in or upon

any dwelling or dwelling unit which may be hazardous to children, or upon receipt

of confirmation that an occupant has an elevated blood lead level as set out in

regulations promulgated by the secretary, the cabinet shall:

(a) In the event that children seventy-two (72) months of age or younger reside in

the premises, notify the owner and occupant that lead-based hazards are

present on the surfaces of the dwelling or dwelling unit and may constitute a

hazard to the health of children;

(b) Inform the local health officers of the results of such determination and

provide suitable recommendations for elimination of the problem areas;

(c) Notify the owner of the dwelling or dwelling unit, in writing, advising of the

existence of these lead-based hazards with instructions that these lead-based

hazards, if accessible to children under the age of seventy-two (72) months,

shall be removed, replaced, or securely and permanently covered within a time

period not to exceed sixty (60) days and in a manner prescribed by the cabinet.

(3) The removal of the lead-based hazards from the dwelling or dwelling unit shall be

accomplished by the owner in a manner which will not endanger the health or well-

being of its occupants, and result in the safe removal from the premises, and the

safe disposition, of flakes, chips, debris, and other potentially harmful materials.

(4) In the event that the owner of the dwelling or dwelling unit does not remove,

replace, or securely and permanently cover the lead-based substances designated as

hazardous within sixty (60) days, the cabinet shall cause to be posted upon the

dwelling or dwelling unit identified as containing lead-based hazards, a notice of

the existence of such hazards and the declaration that the dwelling or dwelling unit

is unfit for human habitation for those persons under seventy-two (72) months of

age. The dwelling or dwelling unit shall remain posted until the owner has complied

with the orders of the cabinet.

(5) Determination by the cabinet that a child under seventy-two (72) months of age is in

immediate danger from the presence of lead-based hazards in or upon a dwelling or

dwelling unit shall be cause for release from a rental agreement without prejudice to

the occupant.