{"data":{"id":"us-ky/krs-211.905","jurisdiction":"us-ky","citation":"KRS 211.905","heading":"Inspection of dwelling or dwelling unit of occupant with confirmed","body":"elevated lead blood level -- Procedure -- Duties of cabinet -- Effect.\n(1) When notified that an occupant of a dwelling or dwelling unit is a child seventy-two\n(72) months of age or yo unger found to have a confirmed elevated blood level, an\nauthorized representative of the cabinet shall inspect the dwelling and dwelling unit\nor other places the child routinely spends more than six (6) hours per week, at\nreasonable times, for the purpose  of ascertaining the existence of lead -based\nhazards. The representative of the cabinet shall present proper credentials to the\nowner or occupant of the dwelling or dwelling unit prior to inspection of the\npremises. Such representative may remove samples n ecessary for laboratory\nanalysis, in the determination of the presence of lead -based hazards in the\ndesignated dwelling or dwelling unit.\n(2) Upon determination by the cabinet that there are lead -based substances in or upon\nany dwelling or dwelling unit wh ich may be hazardous to children, or upon receipt\nof confirmation that an occupant has an elevated blood lead level as set out in\nregulations promulgated by the secretary, the cabinet shall:\n(a) In the event that children seventy-two (72) months of age or younger reside in\nthe premises, notify the owner and occupant that lead -based hazards are\npresent on the surfaces of the dwelling or dwelling unit and may constitute a\nhazard to the health of children;\n(b) Inform the local health officers of the results of  such determination and\nprovide suitable recommendations for elimination of the problem areas;\n(c) Notify the owner of the dwelling or dwelling unit, in writing, advising of the\nexistence of these lead -based hazards with instructions that these lead -based\nhazards, if accessible to children under the age of seventy -two (72) months,\nshall be removed, replaced, or securely and permanently covered within a time\nperiod not to exceed sixty (60) days and in a manner prescribed by the cabinet.\n(3) The removal of th e lead-based hazards from the dwelling or dwelling unit shall be\naccomplished by the owner in a manner which will not endanger the health or well -\nbeing of its occupants, and result in the safe removal from the premises, and the\nsafe disposition, of flakes, chips, debris, and other potentially harmful materials.\n(4) In the event that the owner of the dwelling or dwelling unit does not remove,\nreplace, or securely and permanently cover the lead -based substances designated as\nhazardous within sixty (60) days, the cabinet shall cause to be posted upon the\ndwelling or dwelling unit identified as containing lead -based hazards, a notice of\nthe existence of such hazards and the declaration that the dwelling or dwelling unit\nis unfit for human habitation for those pe rsons under seventy -two (72) months of\nage. The dwelling or dwelling unit shall remain posted until the owner has complied\nwith the orders of the cabinet.\n(5) Determination by the cabinet that a child under seventy-two (72) months of age is in\nimmediate danger from the presence of lead-based hazards in or upon a dwelling or\ndwelling unit shall be cause for release from a rental agreement without prejudice to\nthe occupant.","path":["KRS Chapter 211"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8518","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:14Z","sha256":"15c403173076ec07b82e631c48746198bd97579b3e0f746138e21404e04cf8f1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-211.904","next":"us-ky/krs-211.9061"},"notice":"GroundRules: Original legal text. Not legal advice."}