GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997

SESSION LAW 1998-209
SENATE BILL 1274

AN ACT TO AMEND THE LAW REGARDING THE CONTROL OF CHILDHOOD LEAD EXPOSURE.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 130A-131.5 reads as rewritten:
"§ 130A-131.5.  Commission to adopt rules.
(a)	For the protection of the public health, the Commission shall adopt rules for the prevention and control of lead poisoning in children in accordance with this Part.  
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Section 2.  G.S. 130A-131.7(1) reads as rewritten:
"(1)	'Abatement' means undertaking any of the following measures to eliminate a lead-based paint hazard:
a.	Removing lead-based paint from a surface and repainting the surface.
b.	Removing a component, such as a windowsill, painted with lead-based paint and replacing the component.
c.	Enclosing a surface painted with lead-based paint with paneling, vinyl siding, or another approved material.
d.	Encapsulating a surface painted with lead-based paint with a sealant.
e.	Any other measure approved by the Commission.
	."
Section 3.  G.S. 130A-131.9C(j) reads as rewritten:
"(j)	The Department shall verify by visual inspection that the approved remediation plan has been completed. The Department may also verify plan completion by residual lead dust monitoring and soil or drinking water lead level measurement.
(j1)	Compliance with the maintenance standard satisfies the remediation requirements for confirmed lead poisoning cases identified on or after 1 October 1990 as long as all lead poisoning hazards identified on interior and exterior surfaces are addressed by remediation.  Except for owner-occupied residential housing units, continued compliance shall be verified by means of an annual monitoring inspection conducted by the Department.  For owner-occupied residential housing units, continued compliance shall be verified (i) by means of an annual monitoring inspection, (ii) by documentation that no child less than six years of age has resided in or regularly visited the residential housing unit within the past year, or (iii) by documentation that no child less than six years of age residing in or regularly visiting the unit has an elevated blood lead level."
Section 4.  G.S. 130A-131.9D reads as rewritten:
"§ 130A-131.9D.  Effect of compliance with maintenance standard.
Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust, shall not be deemed liable (i)	for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under G.S. 130A-131.7 provided the owner has repeated the steps provided for in the maintenance standard annually for units in which children of less than six years of age have resided or regularly visited within the past year and obtained a certificate of compliance under G.S. 130A-131.9E annually during such occupancy; or (ii) if the owner is able to show by other documentation that compliance with the maintenance standard has been maintained during the period when the injuries were sustained; or (iii) if the owner is able to show that the unit was lead-safe housing containing no lead-based paint hazards during the period when the injuries were sustained."
Section 5.  Part 4 of Article 5 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-131.9H.  Application fees for certificates of compliance.
The Department shall collect an application fee of ten dollars ($10.00) for each certificate of compliance.  Fee receipts shall be used to support the program that is developed to implement this Part.  Fee receipts also may be used to provide for relocation and medical expenses incurred by children with confirmed lead poisoning."
Section 6.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 22nd day of October, 1998.
s/	Marc Basnight
President Pro Tempore of the Senate

s/	Harold J. Brubaker
Speaker of the House of Representatives

s/	James B. Hunt, Jr.
Governor

Approved 8:55 a.m. this 30th day of October, 1998