08 LC 38
0603S/AP
House
Bill 1043 (AS PASSED HOUSE AND SENATE)
By:
Representatives Cooper of the
41st,
Wilkinson of the
52nd,
Jacobs of the
80th,
Manning of the
32nd,
Butler of the
18th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 41 of Title 31 of the Official Code of Georgia
Annotated, the "Childhood Lead Exposure Control Act," so as to revise the
definition of the term "confirmed lead poisoning"; to provide for new
definitions; to change certain provisions relating to the abatement of lead
poisoning hazards; to provide for certain remedies; to provide for application
of the article; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 41 of Title 31 of the Official Code of Georgia Annotated, the
"Childhood Lead Exposure Control Act," is amended by revising paragraph (1) and
adding a new paragraph (5.1) to Code Section 31-41-12, relating to definitions,
as follows:
"(1)
'Confirmed lead poisoning' means a confirmed concentration of lead in whole
blood equal to or greater than 20 micrograms of lead per deciliter for a single
test or between 15 and 19 micrograms of lead per deciliter in two tests taken at
least three months apart."
"(5.1)
'Lead hazard abatement' means the removal and correction, in a manner no more
strict than what is determined to be absolutely necessary, of a specifically
identified hazard which causes a confirmed lead poisoning."
SECTION
2.
Said
article is further amended by revising Code Section 31-41-13, relating to notice
of lead poisoning hazard, as follows:
"31-41-13.
Upon
determination that a lead poisoning hazard exists, the division shall give
written notice of the lead poisoning hazard to the owner
or managing
agent of the dwelling, dwelling unit,
school, or day-care facility and to all persons residing in or attending the
dwelling or facility.
The division
shall also make every reasonable and practicable effort to provide written
notice to the managing agent of the dwelling, dwelling unit, school, or day-care
facility. The written notice to the
owner,
or
managing
agent, or
tenant shall include a list of possible
methods of abatement of the lead poisoning hazard."
SECTION
3.
Said
article is further amended by revising subsection (a) of Code Section 31-41-14,
relating to abatement of lead poisoning hazard, as follows:
"(a)
Upon determination that a child less than six years of age has a confirmed lead
poisoning
of 20
micrograms per deciliter or greater and
that
the
child resides in, attends, or regularly visits a dwelling, dwelling unit,
school, or day-care facility containing lead poisoning hazards, the division
shall require
a lead
hazard abatement
of the lead
poisoning hazards. The division shall
also require
the
a lead
hazard abatement
of the lead
poisoning hazards identified at the
supplemental addresses of a child less than six years of age with a confirmed
lead poisoning
of 20
micrograms per deciliter or greater.
Upon
confirming that all other potential sources of the confirmed lead poisoning have
tested negative and making every reasonable effort to obtain consent from such
dwelling´s owner or managing agent to comply with this Code section, the
division shall solicit a court order from the superior court with jurisdiction
over such dwelling to order the dwelling´s owner to perform a lead hazard
abatement."
SECTION
3.
Said
article is further amended by revising Code Section 31-41-18, relating to
application of such article, as follows:
"31-41-18.
This
article shall not apply to any owner or managing agent of a single-family
dwelling or multifamily residence, building, or structure designed to contain
not more than 12 single-family dwellings, dwelling units, or residential housing
units so long as the whole complex comprised of such residences, buildings, or
structures does not contain more than 12 single-family dwellings, dwelling
units, or residential housing units.
This article
shall only apply to:
(1)
Owners of residential rental property; and
(2)
Landlords
that
accept compensation for the use of residential property by
another."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.