Iowa Code r. 641-69.7 - Notification required in child-occupied facilities
A person who performs renovation, remodeling, or repainting of child-occupied facilities for compensation, except for emergency renovation, remodeling, or repainting of child-occupied facilities, and except for minor repair and maintenance activities that disrupt less than 1.0 square feet of painted surface, must do the following prior to commencing the work:
(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 will be performed.
The pamphlet shall 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 shall be obtained no more than
60 days prior to commencing the work.
a. The
acknowledgment shall include the owner's name and the address of the
child-occupied facility undergoing renovation, remodeling, or
repainting.
b. The acknowledgment
shall 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
shall require the signature of the owner along with the date of
signature.
d. If a signature cannot
be obtained from the owner, the person must 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 must 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 shall 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 must be completed prior to commencing the
work.
g. If the parties use a
written contract or agreement which is written in a language other than
English, the acknowledgment text shall 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 7 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
shall provide further notification to the owners providing revised information
on the ongoing or planned activities. This subsequent notification must 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,
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 shall 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 shall be obtained no more than 60 days prior to commencing
the work.
a. The acknowledgment shall 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
shall 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
shall 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 must 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 must 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 shall 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 must be completed prior to
commencing the work.
g. If the
parties use a written contract or agreement which is written in a language
other than English, the acknowledgment text shall 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 shall provide further notification to the operator of
the child-occupied facility providing revised information on the ongoing or
planned activities. This subsequent notification must 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, 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 shall
be provided no more than 60 days prior to commencing the work. The person
conducting the renovation, remodeling, or repainting shall provide this
information using one of the following methods:
a. Mail or hand-deliver the pamphlet and
information to each parent or guardian 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 must be posted in areas where they
can be seen by the parents of the children frequenting the child-occupied
facility. The signs must be accompanied by a posted copy of the pamphlet or
information on how interested parents or guardians 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 or guardians.
(10) The activities in subrule
69.7(9) shall 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 shall be responsible for ensuring compliance with
this rule and shall be liable for any failures to comply with the notification
requirements in this rule.
(11) The
person conducting the renovation, remodeling, or repainting shall 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 shall 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 must 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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No prior version found.