SB 246 - This act allows the Department of Health (Department) or a local government or health department to conduct inspections or risk assessments for lead hazard at certain dwellings or child-occupied facilities. Inspections may be conducted under the following conditions:

1. The Department, the owner of the dwelling, and an adult occupant of the dwelling must be notified that an occupant or regular visitor has elevated blood lead levels.

2. The inspection or risk assessment must occur at a reasonable time.

3. The local government or health department representative must present appropriate credentials to the owner or occupant, and

4. Consent is granted to enter the dwelling by the owner or the adult occupant.

If consent is not given, then the Department or local government or health department may petition the court for an order to enter the premises for the purpose of inspection or risk assessment. The court shall grant consent upon a showing that an occupant or regular visitor, including children aged six years and under, has an elevated blood lead level. Samples may be removed during the inspection or risk assessment for laboratory analysis which will determine the presence of a lead-bearing substance. This act is similar to SCS/HB 39 and HB 320.
ERIN MOTLEY