reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 61 - State Mechanical Code › Rule 641-61.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to this chapter:
"Ambulatory health care facility"
means a
				facility or portion thereof used to provide services or treatment that
				provides, on an outpatient basis, treatment for one or more patients that
				renders the patients incapable of taking action for self-preservation under
				emergency conditions without the assistance of others; or provides, on an
				outpatient basis, anesthesia that renders the patient incapable of taking
				action for self-preservation under emergency conditions without the assistance
				of others.
"Hospice"
means a facility licensed or seeking
				licensure pursuant to Iowa Code section
				135J.2.
"Hospital"
means a facility licensed or
				seeking licensure pursuant to Iowa Code chapter 135B.
"Intermediate care facility for persons with an
				intellectual disability"
means a facility licensed or seeking
				licensure pursuant to Iowa Code section 135C.2(3)
"c."
"Life Safety Code"
means the 2012 edition of
				the Life Safety Code of the National Fire Protection Association, Batterymarch
				Park, Quincy, MA 02269, or the most recent version of the Life Safety Code
				adopted by reference by the federal Centers for Medicare and Medicaid
				Services.
"Nursing facility"
means a facility licensed
				or seeking licensure pursuant to Iowa Code section
				135C.6,
				including a nursing facility for intermediate care or a nursing facility for
				skilled care.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 61 - State Mechanical Code › Rule 641-61.2 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
Sections 101 and 102 and Chapters 2 to 15 of the International
				Mechanical Code, 2021 edition, published by the International Code Council,
				4051 West Flossmoor Road, Country Club Hills, IL 60478, are hereby adopted by
				reference as the requirements for the design, installation, maintenance,
				alteration, and inspection of mechanical systems that are permanently installed
				and utilized to provide control of environmental conditions and related
				processes within buildings and premises in Iowa.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 61 - State Mechanical Code › Rule 641-61.3 - Amendments to International Mechanical Code

Current through Register Vol. 47, No. 3, July 24, 2024
The International Mechanical Code (IMC), as adopted by
				reference in rule 641-61.2 (105), shall be amended
				as follows:
(1) Amend Section
			 101.2 by deleting
			 the following: "Exception: Detached one- and two-family dwellings and townhomes
			 not more than three stories above grade plane in height with a separate means
			 of egress and their accessory structures not more than three stories above
			 grade plane in height shall comply with this code or the International
			 Residential Code."
(2) Amend
			 Section 102 by adopting new Section 102.12 as follows:
102.12 Local authority
(a) Local jurisdictions may administer the
			 permit, inspection, testing, and enforcement provisions contained in the state
			 mechanical code adopted and amended by this chapter. Permit, inspection,
			 testing, and enforcement provisions contained in this code shall not be
			 administered by the Plumbing and Mechanical Systems Board or the state unless
			 otherwise provided by law.
(b)
			 Local jurisdictions may not adopt mechanical codes other than the state
			 mechanical code adopted and amended by this chapter. Local jurisdictions may
			 adopt additional amendments to the state mechanical code if the additional
			 amendments are stricter than the state mechanical code as set forth in this
			 chapter. Local jurisdictions that adopt additional amendments must provide
			 copies of any local amendments to the board.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 61 - State Mechanical Code › Rule 641-61.5 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
Any state or local jurisdiction retaining authority to perform
				inspections of mechanical installations in the state of Iowa shall retain
				initial interpretive authority over the state mechanical code and may implement
				an appeals process with respect to such interpretation. Ultimate appeal of any
				initial interpretation may be made to the plumbing and mechanical systems board
				by the filing of a petition for declaratory order pursuant to rule
				641-57.1(17A) or the filing of a petition for waiver pursuant to 641-Chapter
				31.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of the blood lead testing requirement is to improve
				the health of Iowa's children. Blood lead testing will facilitate early
				detection and referral for treatment of lead poisoning; reduce the incidence,
				impact, and cost of lead poisoning; inform parents and guardians of their
				children's exposure to lead; promote the importance of reducing exposure to
				lead as an integral component of preparation for school and learning; and
				contribute to statewide surveillance of childhood lead
				poisoning.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions
				apply:
"Applicant"
means any person seeking
				first-time enrollment in kindergarten in a public or accredited nonpublic
				elementary school in Iowa.
"Blood lead database "
means the database
				maintained by the department that includes the results of all blood lead
				testing reported to the department as required by 641-Chapter 1.
"Blood lead testing"
means taking a capillary
				or venous sample of blood and sending it to a laboratory to determine the level
				of lead in the blood.
"Capillary"
means a blood sample taken from
				the finger or heel for lead analysis.
"Department"
means the Iowa department of
				public health.
"Elementary school"
means an Iowa school
				district or accredited nonpublic school offering kindergarten.
"Health care provider"
means a physician
				licensed under Iowa Code chapter 148, 150, or 150A, a physician assistant
				licensed under Iowa Code chapter 148C, or an advanced registered nurse
				practitioner licensed under Iowa Code chapter 152.
"Laboratory"
means a laboratory certified to
				perform either waived or non-waived blood lead analysis according to the
				federal Clinical Laboratory Improvement Act of 1988 (CLIA).
"Transfer student"
means an applicant from any
				elementary school outside Iowa who is seeking enrollment in kindergarten in an
				elementary school in Iowa.
"Venous "
means a blood sample taken from a
				vein in the arm for lead analysis.
"Very low risk"
means that a child has not (1)
				lived in, visited, or spent time in any building built before 1960, including
				but not limited to the child's home, a daycare center, a preschool, a
				baby-sitter's home or a relative's home; (2) eaten nonfood items; (3) lived
				with or frequently come in contact with an adult who works with lead on the job
				or as part of a hobby, including but not limited to painting, welding, foundry
				work, renovating old homes, working at a shooting range, manufacturing or
				recycling batteries, working with ceramics or stained glass, working with sheet
				metal or scrap metal, or plumbing; (4) lived near a battery manufacturing
				plant, battery recycling plant, lead smelter, or other source of lead
				emissions; (5) been born in or spent more than three months in Mexico, Central
				America, eastern Europe, or southeast Asia; (6) ingested food, candy, or
				remedies containing lead; (7) played with toys, jewelry, or other items that
				the U.S. Consumer Product Safety Commission has recalled due to lead
				contamination; or (8) been exposed to any other products or substances
				determined by the department, the U.S. Environmental Protection Agency, the
				U.S. Department of Housing and Urban Development, the Centers for Disease
				Control and Prevention, or the U.S. Food and Drug Administration to contain
				lead.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.4 - Persons Excluded

Current through Register Vol. 47, No. 3, July 24, 2024
Exclusions to these rules are permitted on an individual basis
				for religious reasons and for children determined by the department to be at
				very low risk for elevated blood lead levels. The parent or guardian of an
				applicant or transfer student approved for a religious exemption or an
				exemption for very low risk shall submit to the board of directors of each
				school district and the authorities in charge of each nonpublic school a valid
				Iowa department of public health certificate of blood lead testing exemption.
				To be valid, the certificate shall be the certificate of blood lead testing
				exemption provided or approved by the department.
(1) Religious exemption. A religious
			 exemption may be granted to an applicant or transfer student if the blood lead
			 testing conflicts with a genuine and sincere religious belief.
a. The certificate of blood lead testing
			 exemption for religious reasons shall attest that the blood lead testing
			 conflicts with a genuine and sincere religious belief and that the belief is in
			 fact religious and not based merely on philosophical, scientific, moral,
			 personal, or medical opposition to blood lead testing.
b. The certificate of blood lead testing
			 exemption for religious reasons shall be signed and dated by the applicant's or
			 transfer student's parent or guardian.
c. The certificate is valid only when
			 notarized.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.5 - Blood Lead Testing Requirement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Each applicant and transfer student shall
			 meet the requirements of subrule 67.6(1).
(2) The board of directors of each school
			 district and the authorities in charge of each nonpublic school shall, in
			 collaboration with the department, ensure that applicants and transfer students
			 comply with the blood lead testing requirement according to subrule
			 67.6(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.6 - Time Line for Valid Blood Lead Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To be valid, a blood lead test shall be
			 performed on an applicant or transfer student before the applicant or transfer
			 student reaches six years of age, or in cases in which the applicant or
			 transfer student has already reached six years of age, as soon as the
			 department notifies the parent or guardian that a blood lead test has not yet
			 been performed.
(2) Desirable age
			 for blood lead testing. A parent or guardian of a child under two years of age
			 is strongly encouraged to have the child tested for elevated blood lead levels
			 by the time that the child reaches two years of age.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.7 - Proof of Blood Lead Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board of directors of each school district and the authorities in charge of
			 each nonpublic school shall furnish the department, in the format specified by
			 the department, within 60 days after the start of the school calendar, an
			 electronic list of the children enrolled in kindergarten, including the names
			 of children who have filed certificates of blood lead testing
			 exemption.
(2) The department shall
			 match these electronic lists of children with the department's blood lead
			 database and shall notify the school districts and nonpublic schools of the
			 children who have and who have not met the blood lead testing requirement set
			 forth in this chapter.
(3) If the
			 parent or guardian cannot provide evidence that the child received a blood lead
			 test in accordance with subrule 67.5(1), the board of directors of the school
			 district or the authorities in charge of the nonpublic school shall, in
			 collaboration with the department, provide the parent or guardian with
			 community blood lead testing program information, including contact information
			 for the department. The department shall provide this information to and shall
			 work with the school districts, nonpublic schools, and the local childhood lead
			 poisoning prevention programs to ensure that children who have not met the
			 blood lead testing requirement are tested as required by subrule
			 67.5(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.8 - Referral Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Parents or guardians of children who require a blood lead test
				shall be referred to a health care provider of choice. The parents or guardians
				of children without a health care provider or who have difficulty accessing
				blood lead testing shall be referred to a local childhood lead poisoning
				prevention program, local child health center, or local public health agency
				for assistance with completion of blood lead testing. This assistance may
				include locating health care providers, scheduling appointments, identifying
				payment sources, and providing blood lead testing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.10 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
The board of directors of each school district and the
				authorities in charge of each nonpublic school shall, in collaboration with the
				department, ensure that each applicant and transfer student complies with the
				blood lead testing requirement according to subrule 67.6(1) or has a valid
				certificate of blood lead testing exemption on file.
(1) The board of directors of each school
			 district and the authorities in charge of each nonpublic school shall ensure
			 that the certificate of blood lead testing exemption is properly completed
			 according to rule
			 641-67.4
			 (135).
(2) Within the constraints
			 of the privacy rights of the parents or guardians and students, the local board
			 of health, the department of education, and the department or its designee
			 shall have the right to have access to the department's determination that a
			 child has received a blood lead test and to the certificates of blood lead
			 testing exemption of children enrolled in kindergarten.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 67 - Blood Lead Testing › Rule 641-67.11 - Provider Training

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of quality assurance and consistency, the
				department shall make training and training materials available for health care
				providers who will be performing blood lead testing and for school officials,
				school health personnel, local childhood lead poisoning prevention programs,
				local child health centers, and local public health agencies.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of this chapter are applicable in jurisdictions
				in which a local board has adopted this chapter for the purpose of requiring
				control of lead-based paint hazards where a child has been identified with an
				elevated blood lead level. Nothing in this chapter shall be construed as
				requiring a local board to adopt this chapter as a model
				regulation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.3 - Elevated Blood Lead (EBL) Inspections Required

Current through Register Vol. 47, No. 3, July 24, 2024
The local board shall appoint a certified elevated blood lead
				(EBL) inspector/risk assessor to conduct elevated blood lead (EBL) inspections
				in residential dwellings and child-occupied facilities where an elevated blood
				lead (EBL) child lives, visits, or has recently lived. All owners and occupants
				shall allow access to the residential dwellings and child-occupied facilities
				that the certified elevated blood lead (EBL) inspector/risk assessor desires to
				inspect.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.4 - Refusal of Admittance

Current through Register Vol. 47, No. 3, July 24, 2024
If the certified elevated blood lead (EBL) inspector/risk
				assessor appointed by the local board is refused entry to a property, then the
				certified elevated blood lead (EBL) inspector/risk assessor may make a
				complaint under oath to any magistrate of the county. The magistrate may issue
				a warrant directing the owner or occupant to allow the certified elevated blood
				lead (EBL) inspector/risk assessor to conduct an elevated blood lead (EBL)
				inspection and directing a peace officer to accompany the certified elevated
				blood lead (EBL) inspector/risk assessor during the elevated blood lead (EBL)
				inspection/risk assessment.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.6 - Retaliation Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 lessor of a dwelling, the employees of the lessor, and agents or persons acting
			 on behalf of the lessor shall not retaliate against lessees of residential
			 dwellings and child-occupied facilities whose occupants or visitors have been
			 tested for lead poisoning and shall not discourage the occupants or visitors
			 from being tested for lead poisoning.
(2) An action taken against the lessee shall
			 not be considered retaliation if it is supported by reasonable cause unrelated
			 to the testing of an occupant for lead poisoning or if it is shown to have
			 occurred as a result of an accident or mistake and not to be the intentional
			 act of the lessor of a dwelling, the employees of the lessor, or agents or
			 persons acting on behalf of the lessor.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.7 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The certified elevated blood lead (EBL) inspector/risk assessor
				appointed by the local board shall have the duty and responsibility of
				enforcing this chapter.
(1) Penalties
			 shall be as provided in Iowa Code section 137.21.
(2) Upon failure of any person to correct a
			 hazard identified through this chapter in the time specified by the certified
			 elevated blood lead (EBL) inspector/risk assessor appointed by the local board,
			 the local board may direct or cause the correction of said hazards. All
			 expenses incurred thereby may be recovered by suit in the name of the local
			 board, or the local board may certify the amount of said expenses, together
			 with a description of the property, to the county treasurer, who shall enter
			 the same upon the tax books as costs for removing a lead hazard, and said
			 amounts shall be collected as other taxes.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.8 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
In the event any person is aggrieved by any order of the
				certified elevated blood lead (EBL) inspector/risk assessor, the person may
				appeal to the local board in writing within ten days of the date of such order.
				The appeal shall state the reasons for requesting such order to be rescinded or
				modified. The local board shall review the action of the certified elevated
				blood lead (EBL) inspector/risk assessor. The local board shall order
				compliance with said order or may, with cause, modify or withdraw said order.
				Any order of the local board may be appealed within ten days to the district
				court for the county in which the local board is located.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 68 - Control of Lead-based Paint Hazards › Rule 641-68.9 - Variances

Current through Register Vol. 47, No. 3, July 24, 2024
The elevated blood lead (EBL) inspector/risk assessor may
				determine that a chewable surface that would otherwise be identified as a
				hazard by this chapter is not causing or does not have reasonable potential to
				cause lead exposure and is not required to be corrected through lead hazard
				reduction. The elevated blood lead (EBL) inspector/risk assessor shall document
				the reason for this determination in the inspection report. However, the
				elevated blood lead (EBL) inspector/risk assessor shall not, under any
				circumstances, determine that any other surface meeting the definition of
				hazardous lead-based paint does not need to be corrected through lead hazard
				reduction.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to all persons who perform renovation,
				remodeling, or repainting for compensation in target housing or a
				child-occupied facility.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.5 - Emergency Renovation, Remodeling, or Repainting in Target Housing

Current through Register Vol. 47, No. 3, July 24, 2024
A person who performs emergency renovation, remodeling, or
				repainting of target housing for compensation, except for minor repair and
				maintenance activities that disrupt less than 1.0 square feet of painted
				surface, must do the following as soon as reasonably possible:
(1) Provide the pamphlet, Lead Poisoning: How
			 to Protect Iowa Families, or the federal pamphlet, Renovate Right, to the owner
			 of the target housing where renovation, remodeling, or repainting is
			 performed.
(2) Notify each owner
			 and occupant of the target housing, in writing, of the remodeling, repainting,
			 or renovation, and make the pamphlet, Lead Poisoning: How to Protect Iowa
			 Families, or the federal pamphlet, Renovate Right, available upon request. At a
			 minimum, this notification shall be accomplished by distributing written notice
			 to each owner and occupant of the target housing. The notice shall describe:
a. The general nature and location of the
			 renovation, remodeling, or repainting activity.
b. The starting and ending dates of the
			 renovation, remodeling, or repainting activity.
c. A statement of how the owners and
			 occupants can obtain the pamphlet, Lead Poisoning: How to Protect Iowa
			 Families, or the federal pamphlet, Renovate Right, at no charge from the person
			 conducting the renovation, remodeling, or repainting activity.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.6 - Certification of Attempted Delivery in Target Housing

Current through Register Vol. 47, No. 3, July 24, 2024
When an adult occupant is unavailable for signature or refuses
				to sign the acknowledgment of receipt of the pamphlet, the person conducting
				the renovation, remodeling, or repainting is permitted by subrule 69.3(2) to
				certify delivery for each instance. The certification shall include the address
				of the unit undergoing renovation, remodeling, or repainting, the date and
				method of delivery of the pamphlet, name of the person delivering the pamphlet,
				reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult
				occupant available), the signature of the person conducting the renovation,
				remodeling, or repainting, and the date of signature.
(1)
Unavailable for
			 signature.
a. If an adult occupant
			 is unavailable for signature, the certification shall contain the following
			 language:
I certify that I have made a good-faith effort to deliver the
				pamphlet, Lead Poisoning: How to Protect Iowa Families, or the federal
				pamphlet, Renovate Right, to the unit listed below at the dates and times
				indicated, and that an adult occupant was unavailable to sign the
				acknowledgment. I further certify that I have left a copy of the pamphlet at
				the unit with the occupant.
b. Below the statement, the certification
			 shall require the printed name and signature of the person conducting the
			 renovation, remodeling, or repainting, the address of the unit, the attempted
			 delivery dates and times, and the date of signature.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.8 - Emergency Renovation, Remodeling, or Repainting in Child-occupied Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
A person who performs emergency renovation, remodeling, or
				repainting of child-occupied facilities for compensation, except for minor
				repair and maintenance activities that disrupt less than 1.0 square feet of
				painted surface, must do the following as soon as reasonably possible:
(1) Provide the pamphlet, Lead Poisoning: How
			 to Protect Iowa Families, or the federal pamphlet, Renovate Right, to the owner
			 of the building where renovation, remodeling, or repainting is
			 performed.
(2) Notify each owner
			 and, if different, the operator of the child-occupied facility, in writing, of
			 the remodeling, repainting, or renovation, and make the pamphlet, Lead
			 Poisoning: How to Protect Iowa Families, or the federal pamphlet, Renovate
			 Right, available upon request. At a minimum, this notification shall be
			 accomplished by distributing written notice to each owner and, if different,
			 operator of the child-occupied facility. The notice shall describe:
a. The general nature and location of the
			 renovation, remodeling, or repainting activity.
b. The starting and ending dates of the
			 renovation, remodeling, or repainting activity.
c. A statement of how each owner and, if
			 different, the operator of the child-occupied facility can obtain the pamphlet,
			 Lead Poisoning: How to Protect Iowa Families, or the federal pamphlet, Renovate
			 Right, at no charge from the person conducting the renovation, remodeling, or
			 repainting activity.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.9 - Certification of Attempted Delivery for Child-occupied Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
When the owner and, if different, operator of a child-occupied
				facility are unavailable for signature or refuse to sign the acknowledgment of
				receipt of the pamphlet, the person conducting the renovation, remodeling, or
				repainting is permitted by subrule 69.3(2) to certify delivery for each
				instance. The certification shall include the address of the child-occupied
				facility undergoing renovation, remodeling, or repainting, the date and method
				of delivery of the pamphlet, name of the person delivering the pamphlet, reason
				for lack of acknowledgment (e.g., owner and, if different, operator refuse to
				sign), the signature of the individual conducting the renovation, remodeling,
				or repainting, and the date of signature.
(1)
Unavailable for
			 signature.
a. If the owner and, if
			 different, operator of the child-occupied facility are unavailable for
			 signature, the certification shall contain the following language:
I certify that I have made a good-faith effort to deliver the
				pamphlet, Lead Poisoning: How to Protect Iowa Families, or the federal
				pamphlet, Renovate Right, to the child-occupied facility listed below at the
				dates and times indicated, and that the owner and, if different, operator of
				the child-occupied facility were unavailable to sign the acknowledgment. I
				further certify that I have left a copy of the pamphlet at the child-occupied
				facility with the owner and, if different, operator.
b. Below the statement, the certification
			 shall require the printed name and signature of the person conducting the
			 renovation, remodeling, or repainting, the address of the child-occupied
			 facility, the attempted delivery dates and times, and the date of
			 signature.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.10 - Subcontracts

Current through Register Vol. 47, No. 3, July 24, 2024
In cases where renovation, remodeling, or repainting activities
				involve subcontracts, it is the responsibility of the person receiving the
				compensation from the property owner, or other party on behalf of the property
				owner, to provide the notification(s) described in
				641-69.3
				(135),
				641-69.4
				(135),
				641-69.5
				(135), and
				641-69.6
				(135) of this chapter.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.11 - Exemption

Current through Register Vol. 47, No. 3, July 24, 2024
Renovation, remodeling, or repainting in target housing or a
				child-occupied facility in which a lead inspector/risk assessor or elevated
				blood lead (EBL) inspector/risk assessor certified pursuant to 641-Chapter 70
				has made a written determination that the components affected by the renovation
				are free of lead-based paint and where the person conducting the renovation,
				remodeling, or repainting has obtained a copy of the written determination is
				exempt from the provisions of 641-Chapter 69.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.12 - Record-keeping Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
A person who conducts renovation, remodeling, or repainting for
				compensation in target housing or a child-occupied facility shall retain all
				records necessary to demonstrate compliance with this chapter for a minimum of
				three years following completion of the renovation, remodeling, or repainting.
				The records shall include:
(1) The
			 address or location of the target housing or child-occupied facility where
			 remodeling, renovation, or repainting was conducted.
(2) A list of all known occupants of the
			 dwelling units where renovation, remodeling, or repainting was conducted at the
			 commencement of the work.
(3)
			 Copies of signed, dated acknowledgments as required by subrule 69.3(2) from
			 each owner and occupant of a dwelling unit where renovation, remodeling, or
			 repainting was conducted.
(4)
			 Copies of signed, dated acknowledgments as required by subrule 69.4(2) from
			 each owner of multifamily target housing where renovation, remodeling, or
			 repainting was conducted in common areas.
(5) Copies of all signed, dated statements of
			 notification, as well as copies of all notification materials given to all
			 owners and occupants and acknowledgments as required by subrule 69.4(2) from
			 each owner and occupant of multifamily target housing where renovation,
			 remodeling, or repainting was conducted in common areas.
(6) Copies of signed, dated acknowledgments
			 as required by
			 641-69.7
			 (135) from the owner and, if different, operator of a child-occupied facility
			 where renovation, remodeling, or repainting was conducted.
(7) Copies of all notification materials
			 given to the parents or guardians of children using a child-occupied facility
			 or the signs posted in areas where the signs can be seen by the parents or
			 guardians of children using the child-occupied facility as required by subrule
			 69.7(9).
(8) Reports showing that a
			 lead inspector/risk assessor or elevated blood level (EBL) inspector/risk
			 assessor certified pursuant to 641-Chapter 70 has made a written determination
			 that the components affected by the renovation are free of lead-based
			 paint.
(9) Certifications of
			 attempted delivery as described in
			 641-69.6
			 (135).
(10) Certificates of mailing
			 as described in subrules 69.3(3) and 69.4(3).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.13 - Compliance Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
The department may enter the place of business of a person who
				conducts renovation, remodeling, or repainting for the purpose of enforcing the
				notification required by this chapter.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.14 - Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
			 may impose a civil penalty pursuant to Iowa Code section
			 135.105C
			 and this rule and may refer the case to the office of the county attorney for
			 possible criminal penalties pursuant to Iowa Code section
			 135.38 when it finds that
			 a person has committed any of the following acts:
a. Failed or refused to comply with any
			 requirements of this chapter.
b.
			 Failed or refused to establish, maintain, provide, copy, or permit access to
			 records or reports as required by this chapter.
c. Failed or refused to permit entry or
			 inspection as described in subrule 69.14(1).
d. Falsified reports and records required by
			 this chapter.
e. Failed to comply
			 with the terms of a department order or the terms of a settlement agreement or
			 consent order.
f. Failed to respond
			 within 20 days of receipt of communication sent by the department by registered
			 or certified mail.
g. Engaged in
			 any conduct that subverts or attempts to subvert a department
			 investigation.
h. Failed to comply
			 with a subpoena issued by the department or failed to cooperate with a
			 department investigation.
i. Failed
			 to pay costs assessed in any disciplinary action.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 69 - Renovation, Remodeling, and Repainting- Lead Hazard Notification Process › Rule 641-69.15 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
Rules in this chapter are not subject to waiver pursuant to
				641-Chapter 178 or any other provision of law.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to all persons who are lead professionals
				in Iowa, all firms that perform lead professional activities in Iowa, and
				training providers that offer training for lead professionals. This chapter
				requires lead professionals and firms to be certified and establishes specific
				requirements for how lead-based paint activities must be performed if a
				property owner, manager, or occupant chooses to undertake them. However,
				nothing in this chapter requires a property owner, manager, or occupant to
				undertake any particular lead-based paint activity. This chapter also provides
				for the approval of courses that provide training for lead
				professionals.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.3 - Lead Professional Certification

Current through Register Vol. 47, No. 3, July 24, 2024
A person or a firm shall not conduct lead abatement,
				renovation, clearance testing after lead abatement, lead-free inspections, lead
				inspections, elevated blood lead (EBL) inspections, lead hazard screens, risk
				assessments, visual risk assessments, clearance testing after renovation, or
				interim controls, paint stabilization, standard treatments, ongoing lead-based
				paint maintenance, or rehabilitation pursuant to 24 CFR Part 35 unless the
				person or firm has been certified by the department in the appropriate
				discipline. However, persons who perform these activities within residential
				dwellings that they own are not required to be certified, unless the
				residential dwelling is occupied by a person other than the owner or a member
				of the owner's immediate family while these activities are being performed. In
				addition, elevated blood lead (EBL) inspections shall be conducted only by
				certified elevated blood lead (EBL) inspector/risk assessors employed by or
				under contract with the department, a local board of health, or a public
				housing agency. In addition, persons who perform renovation under the
				supervision of a certified lead-safe renovator, certified lead abatement
				contractor, or certified lead abatement worker and who have completed
				on-the-job training are not required to be certified. However, on-the-job
				training does not meet the training requirement for work conducted pursuant to
				24 CFR Part 35. Lead professionals and firms shall not state that they have
				been certified by the state of Iowa unless they have met the requirements of
				641-70.5(135) and been issued a current certificate by the
				department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.4 - Course Approval and Standards

Current through Register Vol. 47, No. 3, July 24, 2024
All lead professional training courses for initial
				certification and refresher training must be approved by the department.
				Training programs shall not state that they have been approved by the state of
				Iowa unless they have met the requirements of 641-70.4 (135) and been approved
				by the department.
(1) Training
			 courses shall meet the following requirements:
a. The training program offering the course
			 shall employ a training manager who has the following qualifications:
(1) A bachelor's or graduate degree in
			 building construction technology, engineering, industrial hygiene, safety,
			 public health, or a related field; or two years of experience in managing a
			 training program specializing in environmental hazards.
(2) Demonstrated experience, education, or
			 training in lead professional activities, including lead inspection, lead
			 abatement, lead-safe work practices, painting, carpentry, renovation,
			 remodeling, occupational safety and health, or industrial hygiene.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.5 - Certification, Interim Certification, and Recertification

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall issue certifications and recertifications
				for a three-year time period. All applications for certification or
				recertification may be made to the department electronically in a format
				specified by the department or may be made to the department using a paper
				application supplied by the department.
(1) A person wishing to become a certified
			 lead professional shall provide the following information:
a. A completed application form.
b. A certificate of completion of an approved
			 course for the discipline in which the applicant wishes to become
			 certified.
c. If wishing to become
			 a certified lead inspector/risk assessor or a certified elevated blood lead
			 (EBL) inspector/risk assessor, documentation of successful completion of the
			 manufacturer's training course or equivalent for the X-ray fluorescence (XRF)
			 analyzer that the inspector/risk assessor or elevated blood lead (EBL)
			 inspector/risk assessor will use to conduct lead inspections.
d. If wishing to become a certified elevated
			 blood lead (EBL) inspector/risk assessor, documentation of successful
			 completion of an eight-hour elevated blood lead (EBL) inspector/risk assessor
			 course.
e. Documentation that the
			 applicant meets the additional experience and education requirements in subrule
			 70.5(2) for the discipline in which the applicant wishes to become certified.
			 The following documents shall be submitted as evidence that the applicant has
			 the education and work experience required by subrule 70.5(2):
(1) Official transcripts or diplomas as
			 evidence of meeting the education requirements.
(2) RsumÃ©s, letters of reference, or
			 documentation of work experience, as evidence of meeting the work experience
			 requirements
f. To become
			 certified as a lead inspector/risk assessor, elevated blood lead (EBL)
			 inspector/risk assessor, lead abatement contractor, or project designer, a
			 certificate showing that the applicant has passed the state certification
			 examination in the discipline in which the applicant wishes to become
			 certified.
g. A $180 nonrefundable
			 fee.
h. A person may receive
			 interim certification from the department as a lead inspector/risk assessor,
			 elevated blood lead (EBL) inspector/risk assessor, lead abatement contractor,
			 or project designer by submitting the items required by paragraphs
			 70.5(1)
"a"
to
"e"
and
"g"
to
			 the department. Interim certification shall expire six months from the date of
			 completion of an approved course. An applicant shall upgrade an interim
			 certification to a certification by submitting a certificate to the department
			 showing that the applicant has passed the state certification examination as
			 required by paragraph 70.5(1)
"f."
Interim certification is
			 equivalent to certification.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.7 - Firms

Current through Register Vol. 47, No. 3, July 24, 2024
All firms that perform or offer to perform lead-based paint
				activities must be certified by the department. Firms shall employ only
				appropriately certified employees to conduct lead-based paint activities, and
				the firm and its employees shall follow the work practice standards in
				641-70.6
				(135) for conducting lead-based paint activities. A firm must employ at least
				one certified individual in order to receive or maintain firm
				certification.
(1) A firm wishing to
			 be certified shall apply to the department electronically in a format specified
			 by the department or may apply using a paper application supplied by the
			 department. The firm must submit:
a. A
			 completed application.
b.
			 Documentation that the firm will employ only appropriately certified lead
			 professionals to perform lead-based paint activities. In addition, the firm
			 must document that the agency and its employees or contractors will follow the
			 work practice standards in
			 641-70.6
			 (135) for conducting lead-based paint activities.
c. The certified firm must maintain all
			 records required by
			 641-70.6
			 (135), with the exception of elevated blood lead (EBL) inspection reports, for
			 three years. Certified firms that are also certified as elevated blood lead
			 (EBL) inspection agencies must maintain elevated blood lead (EBL) inspection
			 reports for at least 10 years.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 70 - Lead-based Paint Activities › Rule 641-70.9 - Compliance Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department may enter premises or facilities where violations of the provisions
			 regarding lead-based paint activities may occur for the purpose of conducting
			 compliance inspections.
(2) The
			 department may enter premises or facilities where training programs conduct
			 business.
(3) The department may
			 take samples and review records as part of the lead-based paint activities
			 compliance inspection process.
(4)
			 The department may review all reports involving lead-based paint
			 activities.
(5) The department may
			 issue subpoenas pursuant to 641-Chapter 173, Iowa Administrative Code, for the
			 purposes of determining compliance.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 71 - Emergency Information System on Pesticides for Use by Health Care Providers During Medical Emergencies › Rule 641-71.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise specifically provided, these rules apply to
				requirements for the operation of an emergency information system operated by
				providers of pesticides in Iowa who register with the Iowa department of
				agriculture and land stewardship (IDALS). These rules do not pertain to
				registrants who do not operate their own emergency information
				system.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 71 - Emergency Information System on Pesticides for Use by Health Care Providers During Medical Emergencies › Rule 641-71.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter, these terms have the definition set
				forth below.
"Department"
means the Iowa department of
				public health.
"Emergency information system (EIS) "
means a
				system developed by a registrant that is accessible by Iowa health care
				providers and poison control centers 24 hours per day, every day of the year.
				The system must provide ready access to pesticide product profiles of the
				registrants to include but not be limited to characterization of inert
				ingredient(s) and their general proportion whether openly defined or
				confidentially maintained as a trade secret.
"Registrant"
means the person registering any
				pesticide or device or who has obtained a certificate of license from IDALS
				pursuant to the provisions of Iowa Code chapter 206.