South Carolina Code 44-53-1390. Investigation of lead poisoning case reports; right of entry
Current as of: 2023 | Check for updates
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Terms Used In South Carolina Code 44-53-1390
- Childcare facility: means a structure or portion of a structure in which children are present on a regular basis, including a structure used as a school, nursery, childcare facility, or other facility catering to the needs of children, including an outbuilding, fencing, or other structure used in conjunction with the structure. See South Carolina Code 44-53-1320
- Department: means the Department of Health and Environmental Control. See South Carolina Code 44-53-1320
- Dwelling: means a structure, all or part of which is designed or used for human habitation, including a primary residence, secondary residence, outbuilding, fencing, or other structure used in conjunction with the structure. See South Carolina Code 44-53-1320
- Dwelling unit: means a room, group of rooms, or other areas of a dwelling. See South Carolina Code 44-53-1320
- Householder: means the occupant of a dwelling or dwelling unit or the occupant's agent, the owner of an unoccupied dwelling unit or the owner's agent, or the owner or occupant of a childcare facility or the owner's or occupant's agent. See South Carolina Code 44-53-1320
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lead poisoning: means a blood lead level at an elevation hazardous to health as established by the Department of Health and Environmental Control. See South Carolina Code 44-53-1320
- Lead-based hazard: means a condition that causes exposure to lead from lead-contaminated paint, lead-contaminated dust, bare lead-contaminated soil, or other lead-based substance that is deteriorated in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. See South Carolina Code 44-53-1320
When the department is notified of a lead poisoning case, the department, upon presentation of the appropriate credentials to the householder, and with the consent of the householder or his agent, may enter a dwelling, dwelling unit, or childcare facility at reasonable times and in a reasonable manner for the purpose of conducting a lead-based hazard investigation and may remove samples of objects necessary for laboratory analysis. If the householder refuses admission to the premises, the department may obtain an administrative warrant from a court of competent jurisdiction to investigate the premises. This section also applies to secondary residences and any other premises routinely occupied by the child.