reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5466 - Suspension, Revocation, or Modification of Accreditation.

333.5466 Suspension, revocation, or modification of accreditation.
Sec. 5466.
(1) The department may, after notice and an opportunity for hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, suspend, revoke, or modify a training program accreditation or a refresher course training program accreditation if the department determines that a training program, training manager, or other person with supervisory authority over the training program has done 1 or more of the following:
(a) Misrepresented the contents of a training course to the department or the trainees enrolled in the training program, or both.
(b) Failed to submit required information or notifications in a timely manner.
(c) Failed to maintain required records.
(d) Falsified accreditation records, student certificates, instructor qualifications, or other accreditation-related information or documentation.
(e) Failed to comply with the training standards and requirements of this part and the rules promulgated under this part.
(f) Failed to comply with a federal, state, or local statute, rule, or regulation involving lead-based paint activities.
(g) Made false or misleading statements to the department in its application for accreditation or reaccreditation that the department relied upon in approving the application.
(2) In addition to an administrative or judicial finding of a violation, the execution of a consent agreement in settlement of an enforcement action is considered, for purposes of this section, evidence of a failure to comply with the standards and requirements of this part and the rules promulgated under this part or other relevant statutes or regulations involving lead-based paint activities.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5467 - Accreditation Training Program; Availability and Retention of Records; Notice of Change of Address.

333.5467 Accreditation training program; availability and retention of records; notice of change of address.
Sec. 5467.
(1) An accredited training program shall maintain, and make available to the department, upon request, all of the following records:
(a) Each document that demonstrates the qualifications of a training manager or a principal instructor.
(b) Current curriculum and course materials and documents reflecting changes made to these materials.
(c) The course test blueprint.
(d) Information regarding how the hands-on skills assessment is conducted including, but not limited to, all of the following:
(i) The person conducting the hands-on skills assessment.
(ii) The method of grading the hands-on skills.
(iii) A description of the facilities used.
(iv) The pass/fail rate.
(e) The quality control plan.
(f) The results of the students' hands-on skills assessments and course tests and a record of each student's participation, including name, social security number, and score, within 10 calendar days of the last day of the course taken.
(g) Any other material that was submitted to the department as part of the program's application for accreditation.
(2) A training program shall retain the records described in subsection (1) for at least 3-1/2 years at the address specified on the training program accreditation application.
(3) The training program shall notify the department in writing within 30 days of changing the address specified on its training program accreditation application or transferring the records from that address.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5469 - Certification to Engage in Lead-Based Paint Activities; Employment of Certified Employees; Requirements.

333.5469 Certification to engage in lead-based paint activities; employment of certified employees; requirements.
Sec. 5469.
(1) Beginning August 30, 1999, a person shall not perform or offer to perform lead-based paint activities without obtaining certification by the department under this part.
(2) A person seeking certification under subsection (1) shall submit to the department a letter attesting that the person shall only employ appropriately certified employees to conduct lead-based paint activities and that the person and its employees shall follow the work practice standards for conducting lead-based paint activities as established in rules promulgated by the department.
(3) A person seeking certification under subsection (1) shall do all of the following:
(a) Complete the application and pay the appropriate fee accompanied by a corporate identification number, certificate of sole proprietorship, or other business entity documentation acceptable to the department.
(b) Indicate whether the applicant has liability insurance.
(c) Submit proof of Michigan workers' disability compensation insurance.
(d) Submit proof that each employee or agent involved in lead-based paint activities has received training and certification as required by this part.
(e) If applicable, submit the name of each principal partner, shareholder, member, or owner.
(4) Not more than 90 days from the date of receipt of the person's completed application, the department shall approve or disapprove the person's request for certification. Within that time period, the department shall respond with either a certificate of approval or a letter describing the reasons for a disapproval.
(5) A person certified by the department under this section shall maintain all records pursuant to the requirements imposed in rules promulgated by the department.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5470 - Certification in Appropriate Discipline Required.

333.5470 Certification in appropriate discipline required.
Sec. 5470.
Beginning on March 1, 1999, all lead-based paint activities shall be performed by an individual certified in the appropriate discipline under this part and pursuant to the work practice standards prescribed in rules promulgated by the department.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5471 - Training Program or Refresher Courses; Fees.

333.5471 Training program or refresher courses; fees.
Sec. 5471.
(1) Subject to subsection (7), fees for a person accredited or seeking accreditation for a training program offering courses or refresher courses in lead-based paint abatement are as follows:
(a)
Initial application processing fee..............
$
100.00.
(b)
Initial accreditation fee......... $475.00 per discipline.
(c)
Reaccreditation fee, annual....... $265.00 per discipline.
(2) Fees for an individual certified or seeking certification to engage in lead-based paint abatement are as follows:
(a)
Initial application processing fee.............
$
25.00.
(b)
Certification fee, per year:
(i)
Inspector......................................
$
150.00.
(ii)
Risk assessor..................................
$
150.00.
(iii)
Supervisor.....................................
$
50.00.
(iv)
Project designer...............................
$
150.00.
(v)
Abatement worker/laborer.......................
$
25.00.
(vi)
Clearance technician...........................
$
50.00.
(3) Fees for a person certified or seeking certification to engage in lead-based paint abatement are as follows:
(a)
Initial application processing fee.............
$
100.00.
(b)
Certification fee, per year....................
$
220.00.
(4) If the department increases fees under subsection (5), the increase shall be effective for that fiscal year. The increased fees shall be used by the department as the basis for calculating fee increases in subsequent fiscal years.
(5) By August 1 of each year, the department shall provide to the director of the department of management and budget and to the chairpersons of the appropriations committees of the senate and house of representatives a complete schedule of fees to be collected under this section.
(6) The fees imposed under this part shall not exceed the actual cost of administering this part.
(7) The department may waive the fees for an accredited training program for a person who has demonstrated that no part of its net earnings benefit any private shareholder or individual.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5472 - Notice of Lead-Based Paint Abatement.

333.5472 Notice of lead-based paint abatement.
Sec. 5472.
Before beginning a lead-based paint abatement, a person conducting lead-based paint abatement shall notify the department, on forms provided by the department or through electronic methods approved by the department, regarding information the department considers necessary in order to conduct an unannounced site inspection. The person shall send notification not less than 3 business days before commencing the lead-based paint abatement.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5473 - Administration and Enforcement of Part.

333.5473 Administration and enforcement of part.
Sec. 5473.
The legislature shall annually appropriate to the department an amount sufficient to administer and enforce this part. These funds shall be offset by funds received from federal agencies in the form of grants or other funding provisions. All funds generated by this part shall be deposited into the general fund to be used exclusively by the department to carry out the duties and responsibilities of this part. With fees collected pursuant to this part and funds appropriated by the legislature, the department shall conduct compliance activities that assure the quality of training and protection of worker's and public health and safety. Such activities include, but are not limited to, unannounced inspections of lead abatement project sites.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5473a - Administration and Enforcement of Part by Department; Rules; Establishment of Programs; Recommendations; Disclosure; Exemption.

333.5473a Administration and enforcement of part by department; rules; establishment of programs; recommendations; disclosure; exemption.
Sec. 5473a.
(1) The department shall administer this part and promulgate rules as may be necessary for the administration and enforcement of this part pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) The department shall authorize, coordinate, and conduct programs to educate persons including, but not limited to, homeowners and remodelers of lead hazards associated with remodeling target housing and methods of lead-hazard reduction activities.
(3) The department shall establish a program that provides an opportunity for property owners, managers, and maintenance staff to learn about lead-safe practices and the avoidance of creating lead-based paint hazards during minor painting, repair, or renovation.
(4) Not later than January 1, 2000, the department shall recommend appropriate maintenance practices for owners of residential property, day care facilities, and secured lenders that are designed to prevent lead poisoning among children 6 years of age or less and pregnant women. In making its recommendations, the department shall consult with affected stakeholders and shall consider the effects of those maintenance practices on the availability and affordability of housing and credit.
(5) The following information required to be submitted to the department by certified individuals and persons under this part and rules promulgated under this part is exempt from disclosure as a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) The name, street address, and telephone number of the owner, agent, or tenant of a residential dwelling where lead-based paint investigations have been conducted.
(b) Information that could be used to identify 1 or more children with elevated blood lead levels that have been reported to the department.
(c) Information contained in an EBL investigation report that could be used to identify 1 or more children with elevated blood lead levels.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5474 - Establishment of Lead Poisoning Prevention Program; Components; Reports.

333.5474 Establishment of lead poisoning prevention program; components; reports.
Sec. 5474.
(1) The department shall establish a lead poisoning prevention program that has the following components:
(a) A coordinated and comprehensive plan to prevent childhood lead poisoning and to minimize exposure of the general public to lead-based paint hazards.
(b) A comprehensive educational and community outreach program regarding lead poisoning prevention that shall, at a minimum, include the development of appropriate educational materials targeted to health care providers, child care providers, public schools, owners and tenants of residential dwellings, and parents of young children. These educational materials shall be made available, upon request, to local and state community groups, legal services organizations, and tenants' groups.
(c) A technical assistance system for health care providers to assist those providers in managing cases of childhood lead poisoning. As part of this system, the department shall require that results of all blood lead level tests conducted in Michigan be reported to the department as provided for in rule and that when the department receives notice of blood lead levels above 10 micrograms per deciliter, it shall initiate contact with the local public health department or the physician, or both, of the child whose blood lead level exceeds 10 micrograms per deciliter.
(2) The department shall report to the legislature by January 1, 1999, and annually thereafter, the number of children through age 6 who were screened for lead poisoning during the preceding fiscal year and who were confirmed to have had blood lead levels above 10 micrograms per deciliter. The report shall compare these rates with those of previous fiscal years and the department shall recommend methods for improving compliance with guidelines issued by the federal centers for disease control and prevention, including any necessary legislation or appropriations.
(3) Not more than 1 year after the effective date of this part, and annually thereafter, the department shall prepare a written report regarding the expenditures under the lead poisoning prevention program including the amounts and sources of money from the previous year and a complete accounting of its use. The report shall be given to the appropriate committees of the legislature and be made available to the general public upon request.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5474a - Repealed. 2004, Act 431, Eff. July 1, 2007.

333.5474a Repealed. 2004, Act 431, Eff. July 1, 2007.
Compiler's Notes:
The repealed section pertained to the childhood lead poisoning prevention and control commission.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5474b - Lead Safe Housing Registry.

333.5474b Lead safe housing registry.
Sec. 5474b.
(1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to be known as the "lead safe housing registry", to provide the public with a listing of residential and multifamily dwellings and child occupied facilities that have been abated of or have had interim controls performed to control lead-based paint hazards as determined through a lead-based paint investigation performed by a certified risk assessor certified under this part.
(2) The owner of target housing that is offered for rent or lease as a residence or the owner of a child occupied facility shall register that property with the department if that property has been abated of or has had interim controls performed to control lead-based paint hazards as determined through a lead-based paint investigation performed by a certified risk assessor certified under this part in a form as prescribed by the department free of charge. The form shall include, at a minimum, the following:
(a) Name of the owner of the building.
(b) Address of the building.
(c) Date of construction.
(d) Date and description of any lead-based paint activity including the name of the certified abatement worker or the certified risk assessor certified under this part who performed the abatement or conducted the inspection, lead-hazard screen, assessment, or clearance testing of the building and the results of the lead-based paint activity.
(3) An owner required to register his or her property under subsection (2) shall provide the department with a copy of each report, document, or other information that is required to be filed with the federal government under federal law and regulations related to lead-based paint.
(4) The owner of any other residential or multifamily dwelling that is offered for rent or lease as a residence or the owner of a child occupied facility may register that property with the department and the department shall include that property on the lead safe housing registry. A person who wishes to register under this subsection shall execute and return the registration form to the department with payment of the registration fee in an amount as prescribed by the department.
(5) The department shall publish the lead safe housing registry on its website and provide a copy of the registry to a person upon request. The department may charge a reasonable, cost-based fee for providing copies of the lead safe housing registry under this subsection.
History:
Add. 2004, Act 432, Imd. Eff. Dec. 21, 2004
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5474b[1] - Lead Safe Housing Registry.

333.5474b[1] Lead safe housing registry.
Sec. 5474b.
(1) The department in cooperation with the family independence agency and the Michigan state housing development authority shall establish and maintain a registry, to be known as the "lead safe housing registry", to provide the public with a listing of residential and multifamily dwellings and child occupied facilities that have been abated of or have had interim controls performed to control lead-based paint hazards as determined through a lead-based paint investigation performed by a certified risk assessor certified under this part.
(2) The owner of target housing that is offered for rent or lease as a residence or the owner of a child occupied facility shall register that property with the department if that property has been abated of or has had interim controls performed to control lead-based paint hazards as determined through a lead-based paint investigation performed by a certified risk assessor certified under this part in a form as prescribed by the department free of charge. The form shall include, at a minimum, the following:
(a) Name of the owner of the building.
(b) Address of the building.
(c) Date of construction.
(d) Date and description of any lead-based paint activity including the name of the certified abatement worker or the certified risk assessor certified under this part who performed the abatement or conducted the inspection, lead-hazard screen, assessment, or clearance testing of the building and the results of the lead-based paint activity.
(3) An owner required to register his or her property under subsection (2) shall provide the department with a copy of each report, document, or other information that is required to be filed with the federal government under federal law and regulations related to lead-based paint.
(4) The owner of any other residential or multifamily dwelling that is offered for rent or lease as a residence or the owner of a child occupied facility may register that property with the department and the department shall include that property on the lead safe housing registry. A person who wishes to register under this subsection shall execute and return the registration form to the department with payment of the registration fee in an amount as prescribed by the department.
(5) The department shall publish the lead safe housing registry on its website and provide a copy of the registry to a person upon request. The department may charge a reasonable, cost-based fee for providing copies of the lead safe housing registry under this subsection.
History:
Add. 2004, Act 433, Imd. Eff. Dec. 21, 2004
Compiler's Notes:
This added section is compiled as MCL 333.5474b[1] to distinguish it from another Sec. 5474b deriving from Act 432 of 2004.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5474c - Repealed. 2004, Act 400, Eff. July 1, 2007.

333.5474c Repealed. 2004, Act 400, Eff. July 1, 2007.
Compiler's Notes:
The repealed section pertained to report findings of environmental threats of lead poisoning to children.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5474c[1] - Lead Poisoning Prevention Week.

333.5474c[1] Lead Poisoning Prevention Week.
Sec. 5474c.
(1) The legislature recognizes the imminent threats posed to children's health and cognitive development from ingestion of lead paint dust in residential neighborhoods, the broad dispersal of lead-laden soils from historical airborne deposition of leaded fuel emissions, and identified specific facilities that present known or potential lead hazards. The legislature further recognizes the need to educate the citizens of this state regarding those threats.
(2) The legislature declares that October 23 through October 29, 2005 shall be known as the "Lead Poisoning Prevention Week" and for each year thereafter the period beginning on the fourth Sunday of October through the following Saturday shall be known as the "Lead Poisoning Prevention Week".
History:
Add. 2004, Act 433, Imd. Eff. Dec. 21, 2004
Compiler's Notes:
This added section is compiled as MCL 333.5474c[1] to distinguish it from another Sec. 5474c deriving from Act 400 of 2004.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5475 - Alleged Violations or Complaints; Actions by Department.

333.5475 Alleged violations or complaints; actions by department.
Sec. 5475.
(1) The department shall receive or initiate complaints of alleged violations of this part or rules promulgated under this part and take action with respect to alleged violations or complaints as prescribed by this part.
(2) The department, in its own discretion, or upon the written complaint of an aggrieved party or of a state agency or political subdivision of this state, may investigate the acts of an accredited training program, an individual or other person certified under this part, or a person allegedly engaged in lead-based paint activity. The department may deny, suspend, or revoke certification or accreditation issued under this part if a certified person, accredited training program, certified individual, or a person allegedly engaged in lead-based paint activity is found to be not in compliance with this part or the rules promulgated under this part. In addition, the department may deny, suspend, or revoke a certification or accreditation issued under this part for 1 or more of the following:
(a) Willful or negligent acts that cause a person to be exposed to a lead-containing substance in violation of this part, the rules promulgated under this part, or other state or federal law pertaining to the public health and safety aspects of lead abatement.
(b) Falsification of records required under this part.
(c) Continued failure to obtain or renew certification or accreditation under this part.
(d) Deliberate misrepresentation of facts or information in applying for certification or accreditation under this part.
(e) Permitting a person who has not received the proper training and certification under this part or other applicable state or federal law to come in contact with lead or be responsible for a lead abatement project.
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5476 - Violation of Part; Fine; Citation; Administrative Hearing.

333.5476 Violation of part; fine; citation; administrative hearing.
Sec. 5476.
(1) A person who violates this part or a rule promulgated under this part is subject to an administrative fine up to the following amounts for each violation or each day that a violation continues:
(a)
For a first violation.......................
$
2,000.00.
(b)
For a second violation......................
$
5,000.00.
(c)
For a third or subsequent violation.........
$
10,000.00.
(2) If the department has reasonable cause to believe that a person has violated this part or a rule promulgated under this part, the department may issue a citation at that time or not later than 180 days after discovery of the alleged violation. The citation shall be written and shall state with particularity the nature of the violation as provided for by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. An alleged violator may request an administrative hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
History:
Add. 1998, Act 220, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5477 - Violation; Failure to Correct Violation After Notice as Misdemeanor; Sanctions, Penalties, or Other Provisions.

333.5477 Violation; failure to correct violation after notice as misdemeanor; sanctions, penalties, or other provisions.
Sec. 5477.
(1) A person who engages in a lead-based paint activity as provided for by this part and who willfully or repeatedly violates this part or a rule promulgated under this part or a person who fails to correct the violation after notice from the department under this part is guilty of a misdemeanor, punishable by a fine of not more than $5,000.00, and upon conviction for a second or subsequent offense, not more than $10,000.00, or imprisonment for not more than 6 months, or both. A violation of this subsection may be prosecuted by either the attorney general or the prosecuting attorney of the judicial district in which the violation was committed.
(2) The application of sanctions under this part is cumulative and does not preclude the application of other sanctions or penalties contained in the provisions of any other federal, state, or political subdivision statute, rule, regulation, or ordinance.
(3) This part does not diminish the responsibilities of an owner or occupant, or the authority of enforcing agents under state, county, city, municipal, or other local building, housing, or health and safety codes.
(4) The requirements of this part are in addition to other pertinent provisions of a code listed in subsection (3).
History:
Add. 1998, Act 219, Imd. Eff. July 1, 1998 ;-- Am. 2002, Act 644, Imd. Eff. Dec. 23, 2002
Popular Name:
Act 368
Admin Rule:
R 325.9901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54A - Part 54a Lead Abatement (333.5451... 333.5479) › Section 333.5478, 333.5479 - Repealed. 2007, Act 162, Eff. July 1, 2010.

333.5478, 333.5479 Repealed. 2007, Act 162, Eff. July 1, 2010.
Compiler's Notes:
The repealed sections pertained to reinstatement and powers and duties of the childhood lead poisoning prevention and control commission.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54B. - Part 54b. Lead-Bearing Substances (333.5481...333.5486) › Section 333.5481 - Definitions.

333.5481 Definitions.
Sec. 5481.
As used in this part:
(a) "Children" means individuals who are 7 years old or younger.
(b) "Consumer" means that term as used in the consumer product safety act, 15 USC 2051 to 2085.
(c) "Children's jewelry" means jewelry that is made for, marketed for use by, or marketed to children, including, but not limited to, the following:
(i) Jewelry represented in its packaging, display, or advertising as appropriate for use by children.
(ii) Jewelry sold in conjunction with, attached to, or packaged together with other products that are packaged, displayed, or advertised as appropriate for use by children.
(iii) Jewelry sized for children and not intended for use by adults.
(iv) Jewelry sold in a vending machine.
(v) Jewelry sold in a retail store, catalog, or online website in which a person exclusively offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(vi) Jewelry sold in a discrete portion of a retail store, catalog, or online website in which a person offers for sale products that are packaged, displayed, or advertised as appropriate for use by children.
(d) "Lead-bearing substance" means an item or substance that contains lead, or a coating on an item that contains lead, so that the lead content is more than 0.06% of the total weight. Lead-bearing substance does not include glass or crystal decorative components.
(e) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
History:
Add. 2007, Act 161, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54B. - Part 54b. Lead-Bearing Substances (333.5481...333.5486) › Section 333.5482 - Children's Jewelry; Use or Application of Lead-Bearing Substance Prohibited.

333.5482 Children's jewelry; use or application of lead-bearing substance prohibited.
Sec. 5482.
A person shall not use or apply a lead-bearing substance in or on any children's jewelry in this state.
History:
Add. 2007, Act 161, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54B. - Part 54b. Lead-Bearing Substances (333.5481...333.5486) › Section 333.5483 - Children's Jewelry Containing Lead-Bearing Substance; Sale, Offer for Sale, or Transfer Prohibited.

333.5483 Children's jewelry containing lead-bearing substance; sale, offer for sale, or transfer prohibited.
Sec. 5483.
A person shall not sell, offer for sale, or transfer to any person any children's jewelry in this state that contains a lead-bearing substance.
History:
Add. 2007, Act 161, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54B. - Part 54b. Lead-Bearing Substances (333.5481...333.5486) › Section 333.5484 - Hazards of Lead-Bearing Substances; Posting Information on Website.

333.5484 Hazards of lead-bearing substances; posting information on website.
Sec. 5484.
The department shall post on its website information about the hazards of lead-bearing substances and any programs it offers designed to educate individuals about those hazards.
History:
Add. 2007, Act 161, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54B. - Part 54b. Lead-Bearing Substances (333.5481...333.5486) › Section 333.5485 - Lunch Box Containing Lead-Bearing Substance; Exception; "Lunch Box" Defined.

333.5485 Lunch box containing lead-bearing substance; exception; "lunch box" defined.
Sec. 5485.
(1) A person shall not sell or offer for sale in this state or for use in this state a lunch box that contains a lead-bearing substance.
(2) This section does not apply to the sale of a collectible lunch box or any other lunch box no longer intended to be used to carry food or drink for human consumption.
(3) As used in this section, "lunch box" means a fabricated container marketed or intended to be used to carry packaged or unpackaged food or drink for human consumption.
History:
Add. 2007, Act 160, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54B. - Part 54b. Lead-Bearing Substances (333.5481...333.5486) › Section 333.5486 - Violations; Penalties; Waiver.

333.5486 Violations; penalties; waiver.
Sec. 5486.
(1) Except as otherwise provided in subsection (2), a person who violates this part is subject to the following:
(a) If the person is not an individual consumer and the violation is the person's first offense under this part, a civil fine of not more than $100.00 per item, not to exceed $5,000.00 total.
(b) If the person is not an individual consumer and the violation is the person's second offense under this part, a civil fine of not more than $500.00 per item, not to exceed $25,000.00 total.
(c) If the person is not an individual consumer and the violation is the person's third or subsequent offense under this part, a civil fine of not more than $1,000.00 per item, not to exceed $50,000.00 total.
(d) If a person knowingly violates this part and the person is not an individual consumer, a civil fine equal to 3 times the amounts in subdivision (c).
(2) A civil fine imposed under this section shall be waived if it is determined that a person acted in good faith to be in compliance with this part, pursued compliance with due diligence, and promptly corrected any noncompliance after discovery of the violation.
History:
Add. 2007, Act 161, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54C. - Part 54c. Toxic Substances in Children's Products (333.5491...333.5493) › Section 333.5491 - Definitions.

333.5491 Definitions.
Sec. 5491.
As used in this part:
(a) "Child care article" means a product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of children or to help children with sucking or teething.
(b) "Children" means individuals who are 7 years old or younger.
(c) "Consumer" means that term as used in the consumer product safety act, 15 USC 2051 to 2085.
(d) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(e) "Toxic substance" means a substance that contains lead, or a coating on an item that contains lead, so that the lead content is more than 0.06% of the total weight. Toxic substance does not include glass or crystal decorative components.
(f) "Toy" means an article designed and made for the amusement of a minor or for the minor's use in play.
History:
Add. 2007, Act 159, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54C. - Part 54c. Toxic Substances in Children's Products (333.5491...333.5493) › Section 333.5492 - Toxic Substance in Toy or Child Care Article; Prohibited Conduct; Exception.

333.5492 Toxic substance in toy or child care article; prohibited conduct; exception.
Sec. 5492.
(1) A person shall not use or apply a toxic substance in or on any toy or child care article in this state.
(2) A person shall not sell, offer for sale, or transfer a toy or child care article in this state that contains a toxic substance.
(3) This section does not apply to the sale of a collectible toy that is not marketed to or intended to be used by a minor.
History:
Add. 2007, Act 159, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-54C. - Part 54c. Toxic Substances in Children's Products (333.5491...333.5493) › Section 333.5493 - Violation; Penalties; Waiver.

333.5493 Violation; penalties; waiver.
Sec. 5493.
(1) Except as otherwise provided in subsection (2), a person who violates this part is subject to the following:
(a) If the person is not an individual consumer and the violation is the person's first offense under this part, a civil fine of not more than $100.00 per item not to exceed $5,000.00 total.
(b) If a person is not an individual consumer and the violation is the person's second offense under this part, a civil fine of not more than $500.00 per item not to exceed $25,000.00 total.
(c) If the person is not an individual consumer and the violation is the person's third or subsequent offense under this part, a civil fine of not more than $1,000.00 per item not to exceed $50,000.00 total.
(d) If a person knowingly violates this part and the person is not an individual consumer, a civil fine equal to 3 times the amounts in subdivision (c).
(2) A civil fine imposed under this section shall be waived if it is determined that a person acted in good faith to be in compliance with this part, pursued compliance with due diligence, and promptly corrected any noncompliance after discovery of the violation.
History:
Add. 2007, Act 159, Eff. Mar. 20, 2008
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5501 - Repealed. 1988, Act 442, Eff. Dec. 27, 1991.

333.5501 Repealed. 1988, Act 442, Eff. Dec. 27, 1991.
Compiler's Notes:
The repealed section pertained to reports and records on Alzheimer's disease and related disorders.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5511 - Alzheimer's Disease or Related Disorder; State Plan for Network of Regional, Multidisciplinary Diagnostic and Assessment Centers; Submission to Governor and Legislature.

333.5511 Alzheimer's disease or related disorder; state plan for network of regional, multidisciplinary diagnostic and assessment centers; submission to governor and legislature.
Sec. 5511.
(1) The department shall develop, in consultation with the department of social services, the department of mental health, the office of services to the aging, and the office of health and medical affairs, a state plan for a network of regional, multidisciplinary diagnostic and assessment centers for individuals diagnosed or identified as having Alzheimer's disease or a related disorder. In developing the state plan, consideration shall be given to all of the following:
(a) A center shall be located so as to minimize transportation problems for patients and their families.
(b) A center shall be operated in conjunction with existing related services and programs.
(c) A center shall have the capacity to be reimbursed for the diagnostic and assessment process by third-party payers, including, but not limited to, medicare and the state medical assistance program.
(d) Payment for services provided to individuals without sufficient health insurance coverage who have a limited income, but who are not eligible for the state medical assistance program.
(2) The state plan shall be completed and submitted to the governor and the legislature within 1 year after the effective date of this section.
History:
Add. 1988, Act 443, Imd. Eff. Dec. 27, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5521 - Meanings of Words and Phrases Used in MCL 333.5521 to 333.5539.

333.5521 Meanings of words and phrases used in MCL 333.5521 to 333.5539.
Sec. 5521.
As used in sections 5521 to 5539:
(a) "Affected individual" means an individual diagnosed or identified as having Alzheimer's disease or a related disorder.
(b) "Autopsy" means a brain autopsy.
(c) "Family representative" means an affected individual's legal guardian, spouse, adult child, parent, or other family member.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5523 - Identification of Alzheimer's Disease and Related Disorders Autopsy Network; Tasks.

333.5523 Identification of Alzheimer's disease and related disorders autopsy network; tasks.
Sec. 5523.
The director shall identify an Alzheimer's disease and related disorders autopsy network. The network shall include individuals qualified to perform all of the following tasks:
(a) Provide information to, and obtain consent from, an affected individual or his or her family as provided in section 5529.
(b) Extract the necessary tissue.
(c) Preserve the tissue, prepare it for transport, and arrange for it to be transported.
(d) Examine the tissue and prepare a report on the results of the tissue examination.
(e) Provide the department and the family representative of the deceased with the results of the tissue examination.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 5 - Prevention and Control of Diseases and Disabilities (333.5101...333.5955) › 368-1978-5-55 - Part 55 (333.5501...333.5539) › Section 333.5525 - Identification of Tissue Repositories.

333.5525 Identification of tissue repositories.
Sec. 5525.
The department shall identify 1 or more tissue repositories for the receipt and storage of tissue of affected individuals who are deceased. The department may identify an existing public or private facility or institution that is equipped to provide for storage of the tissue.
History:
Add. 1988, Act 441, Imd. Eff. Dec. 27, 1988
Popular Name:
Act 368