2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 41 - LEAD POISONING PREVENTION (§§ 31-41-1 — 31-41-19) › Article 2 - CHILDHOOD LEAD EXPOSURE CONTROL (§§ 31-41-10 — 31-41-19) › Section 31-41-14 - Abatement of lead poisoning hazard

(a)
Upon determination that a child less than six years of age has a confirmed lead poisoning and that the child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the department shall require a lead hazard abatement. The department shall also require a lead hazard abatement at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning. Upon confirming that all other potential sources of the confirmed lead poisoning have tested negative and making every reasonable effort to obtain consent from such dwelling's owner or managing agent to comply with this Code section, the department shall solicit a court order from the superior court with jurisdiction over such dwelling to order the dwelling's owner to perform a lead hazard abatement.
(b)
When abatement is required under subsection (a) of this Code section, the owner or managing agent shall submit a written lead poisoning hazard abatement plan to the department within 30 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement. The lead poisoning hazard abatement plan shall comply with subsection (g) of this Code section. The written plan shall be deemed approved if the department does not respond within 30 days of receipt.
(c)
If the abatement plan submitted fails to meet the requirements of this Code section, the department shall issue an abatement order requiring submission of a modified abatement plan. The order shall indicate the modifications which shall be made to the abatement plan and the date by which the plan as modified shall be submitted to the department.
(d)
If the owner or managing agent does not submit an abatement plan within 30 days, the department shall issue an abatement order requiring submission of an abatement plan within five days of receipt of the order.
(e)
The owner or managing agent shall notify the department and the occupants of the dates of abatement activities at least three days prior to the commencement of abatement activities.
(f)
Abatement shall be completed within 60 days of the department's approval of the abatement plan. If the abatement activities are not completed within 60 days as required, the department shall issue an order requiring completion of abatement activities. An owner or managing agent may apply to the department for an extension of the deadline for abatement. The department may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.
(g)
All lead-containing waste and residue of the abatement of lead shall be removed and disposed of by the person performing the abatement in accordance with applicable federal, state, and local laws and rules.
(h)
The department shall verify by clearance inspection that the approved abatement plan has been completed. The department may also require residual lead dust monitoring.
(i)
Removal or exclusion of children from the dwelling, school, or day-care facility shall not constitute abatement if the property continues to be used as a dwelling, school, or day-care facility. If the property will not be used as a dwelling, school, or day-care facility, the property owner shall submit a notarized document to the department certifying that the structure or structures will no longer be used as a dwelling, school, or day-care facility.
Amended by 2022 Ga. Laws 776,§ 4, eff. 7/1/2022.
Amended by 2011 Ga. Laws 244,§ 6-6, eff. 7/1/2011.
Amended by 2008 Ga. Laws 719,§ 3, eff. 7/1/2008.
2000 Ga. Laws 794, § 2, which enacted this act, provides: "The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Department of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention."