Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 4 - Maternal and Child Health › Section 902 KAR 4:090 - Lead poisoning prevention

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.900,
				211.905,
				211.994
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.901(6) provides that
				local boards of health may by the adoption of local administrative regulations
				establish programs for the prevention, screening, diagnosis and treatment of
				lead poisoning; if administrative regulations are the same as the provisions of
				KRS
				211.900 to
				211.905
				and
				211.994 and the
				administrative regulations promulgated by the Secretary for Human Resources
				pursuant to subsection (5) of
				KRS
				211.901. The function of this administrative
				regulation is to set forth the criteria that shall be included in local board
				of health regulations relating to the prevention, screening, diagnosis and
				treatment of lead poisoning.
Section 1.
			 Definitions. As used in this administrative regulation:
(1) "Board" means the board of health of any
			 county, city-county or district including the Louisville and Jefferson County
			 Board of Health and the Lexington-Fayette Urban-County Board of
			 Health.
(2) "Department" means the
			 department of health of any county, city-county or district health department
			 including the Louisville and Jefferson County Health Department and the
			 Lexington-Fayette Urban-County Health Department.
(3) "Director" means the chief administrative
			 officer of any county, city-county or district health department including the
			 Louisville and Jefferson County Health Department and the Lexington-Fayette
			 Urban-County Health Department.
(4)
			 "Cabinet" means the Cabinet for Human Resources.
(5) "Secretary" means the Secretary for Human
			 Resources or his authorized representative.
(6) "Chewable surface" means surfaces such as
			 windowsills, window frames, door frames, handrails, toys, furniture, food
			 utensils and other appurtenances offering a biting surface to a child or other
			 person.
(7) "Dwelling" means any
			 structure, all or a part of which is designed for human habitation.
(8) "Dwelling unit" means any room or group
			 of rooms or other interior areas of a dwelling designed or used for human
			 habitation.
(9) "Elevated blood
			 lead level" means a confirmed concentration of lead in whole blood of
			 twenty-five (25) micrograms (ug) per deciliter (dl) or greater.
(10) "Exposed surface" means all interior
			 surfaces of a dwelling or dwelling unit and those exterior surfaces of a
			 dwelling or dwelling unit which are readily accessible to children under six
			 (6) years of age, such as stairs, decks, porches, railings, windows, doors and
			 siding. All areas in the vicinity of a dwelling or dwelling unit subject to
			 contamination from flaking or peeling lead based materials shall also be
			 considered an exposed surface.
(11)
			 "Lead based substance" is defined by
			 KRS
			 211.900(3).
(12) "Owner" means any person who, alone,
			 jointly, or severally with others, has legal title to, charge, care, or control
			 of any dwelling or dwelling unit as owner, agent of the owner, or as executor,
			 administrator, trustee, conservator or guardian of the estate of the
			 owner.
(13) "Occupant" means any
			 person living, sleeping, cooking, eating in or having actual possession of a
			 dwelling unit or rooming unit.
(14)
			 "Surface" means the outermost layer or superficial area of the materials of
			 which a dwelling unit is constructed, excluding paint, plaster or putty of the
			 interior or exterior of a dwelling unit, such as the outermost layer of
			 superficial area of walls, ceilings, floors, stairs, windows, windowsills,
			 window frames, window sashes, doors, door frames, baseboard and woodwork of a
			 dwelling or dwelling unit.