Iowa Admin. Code r. 641-69.7 - [Effective 3/26/2025] Notification required in child-occupied facilities
A
(1) Provide the pamphlet entitled Lead
Poisoning: How to Protect Iowa Families or the federal pamphlet, Renovate
Right, to the owner of the building where renovation, remodeling, or repainting
will be performed. The pamphlet will be provided no more than 60 days prior to
commencing the work.
(2) Obtain a
signed, dated acknowledgment from the owner of the building where renovation,
remodeling, or repainting will be performed affirming that the owner has
received the pamphlet prior to the start of renovation, remodeling, or
repainting and is aware of the potential health hazards from remodeling,
renovating, or repainting buildings containing lead-based paint. The
acknowledgment will be obtained no more than 60 days prior to commencing the
work.
a. The acknowledgment will include the
owner's name and the address of the child-occupied facility undergoing
renovation, remodeling, or repainting.
b. The acknowledgment will include the
following language:
I have received the pamphlet entitled Lead Poisoning: How to Protect Iowa Families or the federal pamphlet, Renovate Right, prior to the start of renovation, remodeling, or repainting and am aware of the potential health risk associated with remodeling, renovating, or repainting buildings containing lead-based paint or lead-based paint hazards.
c. Below the statement, the acknowledgment
will require the signature of the owner along with the date of
signature.
d. If a signature cannot
be obtained from the owner, the person will certify in writing that the
pamphlet has been delivered to the building and that a written acknowledgment
could not be obtained from an owner. Such certification will include the
address of the building to be remodeled, renovated, or repainted, the date and
method of delivery of the pamphlet, the name of the person delivering the
pamphlet, the reason for lack of acknowledgment (e.g., owner refuses to sign,
owner not available), the signature of the person conducting the renovation,
remodeling, or repainting, and the date of signature.
e. The type will be clear and
legible.
f. The acknowledgment may
be included as a separate sheet or as a part of any written contract or service
agreement. The acknowledgment will be completed prior to commencing the
work.
g. If the parties use a
written contract or agreement that is written in a language other than English,
the acknowledgment text will be written in the same language as the text of the
contract or agreement.
(3) In lieu of delivering the pamphlet and
written acknowledgment, the person conducting the renovation, remodeling, or
repainting may obtain a certificate of mailing the pamphlet and written
acknowledgment to the owner at least seven days prior to beginning the
work.
(4) If the general nature,
location, and expected starting and ending dates of the planned renovation,
remodeling, or repainting change after the initial notification has been
conducted, the person conducting the renovation, remodeling, or repainting will
provide further notification to the owners providing revised information on the
ongoing or planned activities. This subsequent notification will be provided
before the person conducting the renovation, remodeling, or repainting
initiates work beyond that which was described in the original
notice.
(5) If the operator of the
child-occupied facility is not the owner of the building, provide the pamphlet
entitled Lead Poisoning: How to Protect Iowa Families or the federal pamphlet,
Renovate Right, to the operator of the child-occupied facility where
renovation, remodeling, or repainting will be performed. The pamphlet will be
provided no more than 60 days prior to commencing the work.
(6) If the operator of the child-occupied
facility is not the owner of the building, obtain a signed, dated
acknowledgment from the operator of the child-occupied facility where
renovation, remodeling, or repainting will be performed affirming that the
operator has received the pamphlet prior to the start of renovation,
remodeling, or repainting and is aware of the potential health hazards from
remodeling, renovating, or repainting buildings containing lead-based paint.
The acknowledgment will be obtained no more than 60 days prior to commencing
the work.
a. The acknowledgment will include
the name of the operator of the child-occupied facility and the address of the
child-occupied facility undergoing renovation, remodeling, or
repainting.
b. The acknowledgment
will include the following language:
I have received the pamphlet entitled Lead Poisoning: How to Protect Iowa Families or the federal pamphlet, Renovate Right, prior to the start of renovation, remodeling, or repainting and am aware of the potential health risk associated with remodeling, renovating, or repainting buildings containing lead-based paint or lead-based paint hazards.
c. Below the statement, the acknowledgment
will require the signature of the operator of the child-occupied facility along
with the date of signature.
d. If a
signature cannot be obtained from the operator of the child-occupied facility ,
the person will certify in writing that the pamphlet has been delivered to the
building and that a written acknowledgment could not be obtained from the
operator of the child-occupied facility . Such certification will include the
address of the building to be remodeled, renovated, or repainted, the date and
method of delivery of the pamphlet, the name of the person delivering the
pamphlet, the reason for lack of acknowledgment (e.g., operator of the
child-occupied facility refuses to sign, operator of the child-occupied
facility not available), the signature of the person conducting the renovation,
remodeling, or repainting, and the date of signature.
e. The type will be clear and
legible.
f. The acknowledgment may
be included as a separate sheet or as a part of any written contract or service
agreement. The acknowledgment will be completed prior to commencing the
work.
g. If the parties use a
written contract or agreement that is written in a language other than English,
the acknowledgment text will be written in the same language as the text of the
contract or agreement.
(7) In lieu of delivering the pamphlet and
written acknowledgment, the person conducting the renovation, remodeling, or
repainting may obtain a certificate of mailing the pamphlet and written
acknowledgment to the operator of the child-occupied facility at least 7 days
prior to beginning the work.
(8) If
the general nature, location, and expected starting and ending dates of the
planned renovation, remodeling, or repainting change after the initial
notification has been conducted, the person conducting the renovation,
remodeling, or repainting will provide further notification to the operator of
the child-occupied facility providing revised information on the ongoing or
planned activities. This subsequent notification will be provided before the
person conducting the renovation, remodeling, or repainting initiates work
beyond that which was described in the original notice.
(9) Provide the pamphlet entitled Lead
Poisoning: How to Protect Iowa Families or the federal pamphlet, Renovate
Right, and information regarding the general nature and locations of the
renovation, remodeling, or repainting and the anticipated completion date to
the parents and guardians of children using the child-occupied facility where
renovation, remodeling, or repainting will be performed. The pamphlet and
information will be provided no more than 60 days prior to commencing the work.
The person conducting the renovation, remodeling, or repainting will provide
this information using one of the following methods:
a. Mail or hand-deliver the pamphlet and
information to each parent orguardian of each child using the child-occupied
facility (the pamphlet and information may not be sent home with the child);
or
b. While the renovation,
remodeling, or repainting is ongoing, post informational signs describing the
general nature and locations of the renovation, remodeling, or repainting and
the anticipated completion date. These signs will be posted in areas where they
can be seen by the parents of the children frequenting the child-occupied
facility . The signs will be accompanied by a posted copy of the pamphlet or
information on how interested parents orguardians can review a copy of the
pamphlet or obtain a copy from the person conducting the renovation,
remodeling, or repainting at no cost to the parents orguardians.
(10) The activities in subrule
69.7(9) will be conducted by the person planning to perform the renovation,
remodeling, or repainting or by the owner or operator of the child-occupied
facility on behalf of this person . Regardless of who performs the notification
activities required in subrule 69.7(9), the person conducting the renovation,
remodeling, or repainting will be responsible for ensuring compliance with this
rule and will be liable for any failures to comply with the notification
requirements in this rule.
(11) The
person conducting the renovation, remodeling, or repainting will prepare, sign,
and date a statement describing the steps performed to notify all parents and
guardians of the intended renovation, remodeling, or repainting and to provide
the pamphlet to them.
(12) If the
general nature, location, and expected starting and ending dates of the planned
renovation, remodeling, or repainting change after the initial notification has
been conducted, the person conducting the renovation, remodeling, or repainting
will provide revised information on the ongoing or planned activities to the
parents and guardians of children frequenting the child-occupied facility
providing revised information on the ongoing or planned activities. This
subsequent notification will be provided before the person conducting the
renovation, remodeling, or repainting initiates work beyond that which was
described in the original notice.
Notes
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