Regulations Governing Lead Paint Hazard Prevention and Control

WHEREAS, the Southern Nevada Health District (SNHD) is the public health entity for Clark County, Nevada, pursuant to Nevada Revised Statutes (NRS) 439, and has jurisdiction over all public health matters in the health district; and

WHEREAS, the Southern Nevada District Board of Health (Board) is the governing body of the SNHD, and is authorized by NRS 439.366 to adopt regulations to prevent and control public health hazards and nuisances and to protect and promote the public health and safety in the geographical area subject to the jurisdiction of the health district; and

WHEREAS, the Board finds that lead-related hazards do affect the health and the well being of the children residing in Southern Nevada, and finds that it is necessary to adopt Regulations Governing Lead Paint Hazard Prevention and Control to prevent and control lead-related health and safety hazards, and to regulate the safe and sanitary conditions of those areas and structures where lead hazards have been identified, and

WHEREAS, lead is a naturally occurring heavy metal element whose toxicity in humans has been well documented. Lead is a toxic substance that attacks many different organs and body systems. Lead adversely impacts neurological, cardiovascular, renal, gastrointestinal, reproductive [greater than ninety (90) percent passes from mother to fetus], skeletal, skin, and other body systems. Lead is widely present in the environment due to its natural occurrence and human activities that have introduced it into the general environment such as the use of lead paint.

WHEREAS, the Health Authority recognizes the importance of proper abatement or remediation of lead hazards and removal of lead-contaminated materials such as lead-based paint, lead-contaminated dust, and lead-contaminated soil; with intent to reduce the likelihood of illness resulting from exposure to lead, and

WHEREAS, Nevada Revised Statutes 439.479, gives the Health District authority to adopt regulations to ensure the enforcement of laws that protect public health and safety associated with the condition of rental dwelling units and to establish an administrative hearing process to address such concerns, and

WHEREAS, owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin; and individuals performing renovations are properly trained, renovators and firms performing these renovations are certified, and the approved work practices are required to be followed during these renovations, and

WHEREAS, NRS 439.490 authorizes the Health District to order the abatement or removal of the hazard and to recover any of the costs associated with any actions required by the Health Authority to cause the abatement or removal to be completed.

WHEREAS, the Board believes that the following Regulations are designed to protect and promote the public health and safety, it does therefore publish, promulgate and order compliance within Clark County, Nevada with the substantive and procedural requirements hereinafter set forth.

Intent and Scope

Intent

The purpose of these Regulations is to protect and promote the public health, safety and environment through preventive measures and timely correction of significant public health and environmental issues related to lead exposure in children.

Scope

These Regulations establish definitions; set standards for the identification, notification, and remediation, abatement, or removal of lead-related hazards; provide for enforcement actions; and include provisions for recovery of the direct and administrative costs associated with the identification, remediation, abatement, or removal of lead-related hazards. Compliance required in these regulations does not substitute for or preclude being in compliance with the federal requirements found in all applicable EPA regulations.