Effective 28 Aug 2005

701.309. Contractor to notify department, when — notification fee, due when. — 1. At least ten days prior to the onset of a lead abatement project, the lead abatement contractor conducting such an abatement project shall:

(1) Submit to the department a written notification as prescribed by the department; and

(2) Pay a notification fee of twenty-five dollars.

2. The lead abatement contractor and any public agency, local community organization, government agency, or quasi-government agency issuing grants or loans for lead abatement projects or interim controls shall inform the owners and tenants of a dwelling that information regarding potential lead hazards can be accessed on the department's internet website.

3. In addition to the specified penalties in section 701.320, failure to notify the department prior to the onset of a lead abatement project shall result in a fine of two hundred fifty dollars imposed against the lead abatement contractor for the first identified offense, five hundred dollars for the second identified offense, and thereafter, fines shall be doubled for each identified offense.

4. Written notification as prescribed by the department shall include disclosure of any potential lead hazards to the owners and tenants of a dwelling by the licensed risk assessor who conducted the initial risk assessment.

5. If the lead abatement contractor is unable to comply with the requirements of subsection 1 of this section because of an emergency situation as defined by rule, the contractor shall:

(1) Notify the department by other means of communication within twenty-four hours of the onset of the project; and

(2) Submit the written notification and notification fee prescribed in subsection 1 of this section to the department no more than five days after the onset of the project.

6. Upon completion of the abatement, the lead abatement contractor shall submit to the department written notification and the final clearance results report.

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(L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)