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Adair County, IA Building Safety: Lead Paint (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Who it covers
Premises where an EBL child resides or commonly visits
Lead-based paint
1.0 mg/cm2 by XRF, or more than 0.5% by weight
Correction deadline
Not to exceed 30 days from certified notice delivery
Sale and possession
Banned for residential painting use
Penalty
Simple misdemeanor, fine up to $200, each day separate
Appeal
Board of Health within 10 days

Summary

Adair County Ordinance No. 11 is a lead program, not a sale-time disclosure rule. It applies to premises where an elevated blood lead child resides or commonly visits, bans possessing or selling lead-based paint for residential use, and requires owners to correct hazards within 30 days of a certified-mail notice from the Health Officer.

These county ordinances apply to unincorporated areas of Adair County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Section 3: ... Scope and Applicability A. This ordinance shall affect only those premises in which an EBL child resides or commonly visits. All owners shall comply with the provisions of this ordinance and of the rules, resolutions, and order adopted pursuant to this ordinance. Section 4: Use or Sale of Lead-Based Paint A. No person shall possess, sell, expose for sale, deliver, or give away any lead-based paint intended for painting or covering any surface on the interior or exterior of a residential dwelling. ... Section ... 8: Hazard Reduction A. When the Health Officer determines that a lead hazard is present in a premises where an EBL child lives, frequently visits, or has recently resided, he/she shall, in accordance with Section 6C, issue a written notice within one (1) week to the owner, operator, and/or occupant, per certified mail to eliminate the hazard with suggested remedial/maintenance actions to be completed in a time period not to exceed thirty (30) days from date of delivery of the certified notice.

Full Breakdown

Ordinance No. 11, the Adair County Lead Ordinance, was passed November 12, 1997 and is enforced by the Health Officer, defined as the Environmental Officer or an authorized representative of the Adair County Board of Health. Section 3 limits its reach to premises in which an EBL child resides or commonly visits. An EBL child is one with a single venous blood lead level above 20 micrograms per deciliter or at least two levels of 15 to 19.

Lead-based paint is paint with 1.0 milligrams of lead per square centimeter or more by XRF analyzer, or more than five-tenths of one percent lead by weight. Section 4 bans possessing, selling, exposing for sale, delivering or giving away lead-based paint intended for painting any surface of a residential dwelling. Section 5 sends lead paint waste to hazardous waste rules and bars reusing or recycling renovation waste for residential purposes.

Section 6 inspections combine a visual assessment with a lead-content determination by XRF analyzer or laboratory chemical analysis; swabs are not an acceptable method. Written findings go to the owner and affected occupants within one week. If entry is refused, Section 7 has the Health Officer seek a warrant from a county magistrate for an inspection between sunrise and sunset.

Section 8 requires a written notice by certified mail within one week, with remedial actions to be completed within a time period not to exceed 30 days from delivery, though the Health Officer can grant more time. A vacated dwelling cannot be let to anyone else until the notice is complied with. On accessible, impact or friction surfaces, all lead-based paint must be removed to the substrate, the component replaced, or the surface permanently covered; repainting without removal is not an approved method. The Health Officer then reinspects and issues a written lead-safe notice.

Section 11 applies the ordinance throughout Adair County, including cities and towns, unless a city or town has adopted its own lead ordinance.

Violations & Fines

Ordinance No. 11A, passed December 15, 1999, rewrote Section 14: a violation is a simple misdemeanor with a fine of not more than $200, and each day is a separate offense. If an owner fails to correct a hazard, the Board of Health can have it corrected and recover the cost by suit or through the County Treasurer's tax books. Section 9 bars retaliation against tenants. Orders can be appealed to the Board of Health within 10 days, then to District Court.

Frequently Asked Questions

Does Adair County require a lead paint disclosure when selling a home?
Ordinance No. 11 prints no sale-time disclosure requirement. It is a response program: Section 3 applies it to premises where an EBL child resides or commonly visits, and the Health Officer inspects and orders correction. Section 4 separately bans possessing or selling lead-based paint for residential painting.
How long does an owner have to fix a lead hazard?
Section 8 requires the written notice, sent by certified mail, to set remedial actions to be completed within a time period not to exceed 30 days from delivery. The Health Officer has discretion to grant additional time. If the dwelling is vacated, it cannot be let to another person until the notice is complied with.
How is lead paint tested under the ordinance?
Section 6 allows lead content to be determined only by an X-ray fluorescence analyzer or laboratory chemical analysis. Methods such as swabs are not an acceptable means of testing. The Health Officer records the findings and sends a written notice to the owner and affected occupants within one week.
Can I appeal a Health Officer order?
Yes. Section 10 lets an aggrieved person appeal to the Board of Health within 10 days of the order, stating in writing the reasons the order should be rescinded or modified. Appeal from the Board of Health goes to the District Court in Adair County within 10 days.

Sources & Official References

Other rules in Adair County

All Adair County rules

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