HOUSE DOCKET, NO. 3356        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1654

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relating to Lead Poisoning Regulations..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 198 of chapter 111 of the General Laws, as appearing in the 2006 official edition, is hereby amended to add the following sentence:-

No application for a criminal complaint for failure to comply with section 194 and 197 may be made unless there is reasonable cause to believe that the lead present in the premises which is the subject of the order to abate or contain are the proximate cause of elevated levels of lead in the blood of a child age six years or younger.

SECTION 2.  Section 197 of  said chapter 111 is hereby amended to add to subsection (e) the following sentence:-

The director shall waive the requirements of this section if the remediation to contain or abate the lead presents a danger of lead poisoning to the children residing in the premises after remediation is complete.

SECTION 3.  Section 192 of said chapter 111 is hereby amended to add the following:-

Included in such program shall be information regarding the potential for lead to be present in toys, jewelry, pottery and other objects to which children are regularly exposed.

SECTION 4.  Section 194 of said chapter 111 is hereby amended to insert after second sentence:-

Additionally, said program shall attempt to identify all objects likely to come into contact with children under the age of six that contain dangerous levels of lead.

And to amend the third sentence of said section by striking the word “or” after the word “plaster” and insert the words:- “, or other object” after the word “material”.

And to amend the second paragraph of said section by inserting after the word “reside” the words:- “, or spends three or more hours per day, such as a nursery or day care facility”.

And to amend the first sentence of the fourth paragraph of said section by inserting after the word “months” the words:- “and/ or attended school or day care,”

And to amend the third sentence of the fifth paragraph of said section by inserting after the word “age” the words:- “and there is reasonable cause to believe that the poisoning was caused by the lead in the premises.”

SECTION 5.  Section 192B of said chapter 111 is hereby amended to insert after the first sentence the sentence:-

Included in such program shall be  information on sources of lead to which children under the age of six may be exposed, including but not limited to paint in homes, and/or on the surface of jewelry, pottery, and toys, and other objects to which under the age of six are routinely exposed.