Definition of “dust-lead hazard,” 69.2
PUBLIC HEALTH DEPARTMENT
Adopted and Filed
Rule making related to definition of "dust-lead hazard"
The Public Health Department hereby amends Chapter 69, "Renovation, Remodeling, and Repainting—Lead Hazard Notification Process," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 135.105C.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 135.105C.
Purpose and Summary
This amendment to Chapter 69 is a minor update to the definition of "dust-lead hazard." The dust-lead hazard levels changed in 2020, and this amendment is required to reflect the current definition of dust-lead hazard levels.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 24, 2021, as ARC 5519C. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the State Board of Health on May 12, 2021.
This rule making has no fiscal impact to the State of Iowa.
After analysis and review of this rule making, no impact on jobs has been found.
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to the Department's waiver provisions contained in 641—Chapter 178.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
This rule making will become effective on July 21, 2021.
The following rule-making action is adopted:
Amend rule 641—69.2(135), definition of "Dust-lead hazard," as follows:
"Dust-lead hazard" means surface dust in residential dwellings or child-occupied facilities that contains a mass-per-area concentration of lead equal to or exceeding 40 10 micrograms per square foot on floors, 250 100 micrograms per square foot on interior windowsills, and 400 micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present in a residential dwelling or child-occupied facility when the weighted arithmetic mean lead loading for all single-surface or composite samples of floors and interior windowsills is equal to or greater than 40 10 micrograms per square foot on floors, 250 100 micrograms per square foot on interior windowsills, and 400 micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present on floors, interior windowsills, or window troughs in an unsampled residential dwelling in a multifamily dwelling if a dust-lead hazard is present on floors, interior windowsills, or window troughs, respectively, in at least one sampled residential unit on the property. A dust-lead hazard is present on floors, interior windowsills, or window troughs in an unsampled common area in a multifamily dwelling if a dust-lead hazard is present on floors, interior windowsills, or window troughs, respectively, in at least one sampled common area in the same common area group on the property.
[Filed 5/13/21, effective 7/21/21]
Editor's Note: For replacement pages for IAC, see IAC Supplement 6/16/21.