Full implementation of the rules, requiring contractors to be certified by the responsible authority, will be in April 2010.

* A child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.

EPA Lead Renovation, Repair, and Painting Program Rule (Summary)
http://www.centerforhealthyhousing.org/EPA_RRP_Summary_5-22-08.pdf

Lead Renovation, Repair, and Painting Program Rule (Complete text)
http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.pdf

This document is published by the EPA as the official compliance guide for small entities, pursuant to section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf

ENVIRONMENTAL PROTECTION AGENCY DISCLOSURE RULE
TITLE 40, PART 745

Sec. 745.107 Disclosure requirements for sellers and lessors.

(a) The following activities shall be completed before the purchaser or lessee is obligated under any contract to purchase or lease target housing that is not otherwise an exempt transaction pursuant to Sec. 745.101. Nothing in this section implies a positive obligation on the seller or lessor to conduct any evaluation or reduction activities.

(1) The seller or lessor shall provide the purchaser or lessee with an EPA-approved lead hazard information pamphlet. Such pamphlets include the EPA document entitled Protect Your Family From Lead in Your Home (EPA 747-K-94-001) or an equivalent pamphlet that has been approved for use in that State by EPA.

(2) The seller or lessor shall disclose to the purchaser or lessee the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. The seller or lessor shall also disclose any additional information available concerning the known lead-based paint and/or lead-based paint hazards, such as the
basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

(3) The seller or lessor shall disclose to each agent the presence of any known lead-based paint and/or lead-based paint hazards in the target housing being sold or leased and the existence of any available records or reports pertaining to lead-based paint and/or lead-based paint hazards. The seller or lessor shall also disclose any additional
information available concerning the known lead-based paint and/or lead-based paint hazards, such as the basis for the determination that lead-based paint and/or lead-based paint hazards exist, the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.

(4) The seller or lessor shall provide the purchaser or lessee with any records or reports available to the seller or lessor pertaining to lead-based paint and/or lead-based paint hazards in the target housing being sold or leased. This requirement includes records or reports regarding common areas. This requirement also includes records or reports regarding other residential dwellings in multifamily target housing, provided that such information is part of an evaluation or reduction of lead-based paint and/or lead-based paint hazards in the target housing as a whole.

(b) If any of the disclosure activities identified in paragraph (a) of this section occurs after the purchaser or lessee has provided an offer to purchase or lease the housing, the seller or lessor shall complete the required disclosure activities prior to accepting the purchaser's or lessee's offer and allow the purchaser or lessee an opportunity to review the information and possibly amend the offer.

Sec. 745.110 Opportunity to conduct an evaluation.

(a) Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.

(b) Not withstanding paragraph (a) of this section, a purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.

PART 745--Lead-Based Paint Poisoning Prevention in Certain Residential Structures (Complete text)
http://www.access.gpo.gov/nara/cfr/waisidx_99/40cfr745_99.html

ADMINISTRATIVE RULE OF MONTANA

Blood lead screening, reporting, and follow-up
Montana Administrative Rule requires that all blood lead levels of 10 µg/dl or higher in children aged 13 years or younger be reported to the Department of Public Health and Human Services. Reference: ARM 37.114.203

Administrative Rule also specifies specific actions to be taken by health care providers when encountering a blood lead level of 10µg/dl or higher on a child 13 years of age or less. Reference: ARM 37.114.546

Finally, the Administrative Rule adopts CDC recommendations for blood lead testing intervals for children with elevated venous levels as published in “Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials” in November 1997. Reference: ARM 37.114.546.

37.114.546 LEAD POISONING: ELEVATED BLOOD LEAD LEVELS IN CHILDREN
(1) When an elevated capillary test of a child aged 13 or under shows an elevated blood lead level (EBL) greater than or equal to 10 micrograms per deciliter (ug/dl), the health care provider who ordered the capillary test must confirm the results as soon as possible by a venous draw.

(2) In the case of an elevated venous level, the health care provider must retest the blood lead level at intervals recommended by the federal Centers for Disease Control and Prevention, until two consecutive tests taken at least two months apart show a level of less than 10 ug/dl.

(3) The department hereby adopts and incorporates by reference the recommendations for blood lead testing intervals for children with elevated venous levels published in November 1997 by the federal Centers for Disease Control and Prevention (CDC) and contained in CDC's manual "Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials", which contains guidance for identifying children with dangerous blood lead levels and intervening to protect them. A copy of the manual is available from the Centers for Disease Control, MASO Publications Distribution Facility, 5665 New Peachtree Road (PO7), Atlanta, GA 30341.

History: 50-1-202, MCA; IMP , 50-1-202, MCA; NEW , 2000 MAR p. 2528, Eff. 9/22/00; TRANS , from DHES, 2002 MAR p. 913.

Screening Young Children for Lead Poisoning: Guidance for State and Local Public Health Officials (Downloadable manual)
http://www.cdc.gov/nceh/lead/guide/guide97.htm

MEDICAID BLOOD LEAD SCREENING REQUIREMENT

The Centers for Medicare and Medicaid Services requires that all children receive a screening blood lead test at 12 months and 24 months of age. Children between the ages of 36 months and 72 months of age must receive a screening blood lead test if they have not been previously screened for lead poisoning. A blood lead test must be used when screening Medicaid-eligible children. A blood lead test result equal to or greater than 10 ug/dl obtained by capillary specimen (fingerstick) must be confirmed using a venous blood sample.

Medicaid Early & Periodic Screening & Diagnostic Treatment Benefit (Complete text)
http://www.cms.hhs.gov/MedicaidEarlyPeriodicScrn/02_Benefits.asp#TopOfPage