701.304. Inspections and risk assessments, purpose, conditions--warrant--samples--fees for licenses and accreditation. - Missouri Statutes

Inspections and risk assessments, purpose,conditions--warrant--samples--fees for licenses andaccreditation.

701.304. 1. A representative of the department, or a representativeof a unit of local government or health department licensed by thedepartment for this purpose, may conduct an inspection or a risk assessmentat a dwelling or a child-occupied facility for the purpose of ascertainingthe existence of a lead hazard under the following conditions:

(1) The department, owner of the dwelling, and an adult occupant of adwelling which is rented or leased have been notified that an occupant ofthe dwelling or a child six or fewer years of age who regularly visits thechild-occupied facility has been identified as having an elevated bloodlead level as defined by rule; and

(2) The inspection or risk assessment occurs at a reasonable time;and

(3) The representative of the department or local government presentsappropriate credentials to the owner or occupant; and

(4) Either the dwelling's owner or adult occupant or thechild-occupied facility's owner or agent grants consent to enter thepremises to conduct an inspection or risk assessment; or

(5) If consent to enter is not granted, the representative of thedepartment, local government, or local health department may petition thecircuit court for an order to enter the premises and conduct an inspectionor risk assessment after notifying the dwelling's owner or adult occupantin writing of the time and purpose of the inspection or risk assessment atleast forty-eight hours in advance. The court shall grant the order upon ashowing that an occupant of the dwelling or a child six or fewer years ofage who regularly visits the child-occupied facility has been identified ashaving an elevated blood lead level as defined by rule.

2. In conducting such an inspection or risk assessment, arepresentative of the department, or representative of a unit of localgovernment or health department licensed by the department for thispurpose, may remove samples necessary for laboratory analysis in thedetermination of the presence of a lead-bearing substance or lead hazard inthe designated dwelling or child-occupied facility.

3. The director shall assess fees for licenses and accreditation andimpose administrative penalties in accordance with rules promulgatedpursuant to sections 701.300 to 701.338. All such fees and fines shall bedeposited into the state treasury to the credit of the public healthservices fund established in section 192.900, RSMo.

(L. 1993 S.B. 232 § 3, A.L. 1998 H.B. 977 & 1608, A.L. 1999 H.B. 39, A.L. 2005 S.B. 95)