HB-5116, As Passed House, February 18, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5116

                 (As amended February 18, 2004)                             

                                                                             A bill to amend 1978 PA 368, entitled                                             

"Public health code,"                                                       

(MCL 333.1101 to 333.25211) by adding section 5474b.                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 5474b.  (1) The department in cooperation with the                     

2   family independence agency and the Michigan state housing                   

3   development authority shall establish and maintain a registry, to           

4   be known as the "lead safe housing registry", to provide the                

5   public with a listing of residential and multifamily dwellings              

6   and child occupied facilities that have been [abated of or have had

7   interim controls performed to control lead-based paint hazards as determined] through a lead-based paint                                                      

8   investigation performed by a certified risk assessor [certified under this part].                                                                          

9   (2) The owner of target housing that is offered for rent or                 

10  lease as a residence or the owner of a child occupied facility              

11  shall register that property with the department if that property           

House Bill No. 5116 (H-1) as amended February 18, 2004

1   has been [abated of or has had interim controls performed to control] lead-based paint hazards [as determined]

2   through a lead-based paint investigation performed by a certified           

3   risk assessor [certified under this part] in a form as prescribed by the department free of                                                              

4   charge.  The form shall include, at a minimum, the following:               

5       (a) Name of the owner of the building.                                      

6       (b) Address of the building.                                                

7       (c) Date of construction.                                                   

8       (d) Date and description of any lead-based paint activity                   

9   including the name of the certified abatement worker or the                 

10  [certified risk assessor certified under this part] who performed the abatement or conducted                                                                    

11  the inspection, lead-hazard screen, assessment, or clearance                

12  testing of the building and the results of the lead-based paint             

13  activity.                                                                   

14      (3) An owner required to register his or her property under                 

15  subsection (2) shall provide the department with a copy of each             

16  report, document, or other information that is required to be               

17  filed with the federal government under federal law and                     

18  regulations related to lead-based paint.                                    

19      (4) The owner of any other residential or multifamily                       

20  dwelling that is offered for rent or lease as a residence or the            

21  owner of a child occupied facility may register that property               

22  with the department and the department shall include that                   

23  property on the lead safe housing registry.  A person who wishes            

24  to register under this subsection shall execute and return the              

25  registration form to the department with payment of the                     

26  registration fee in an amount as prescribed by the department.              

27  (5) The department shall publish the lead safe housing                      

1   registry on its website and provide a copy of the registry to a             

2   person upon request.  The department may charge a reasonable,               

3   cost-based fee for providing copies of the lead safe housing                

4   registry under this subsection.