SECTION 295.218. Compliance: Inspections and Investigations

(a) The Texas Department of Health (department) shall maintain the right to inspect or investigate the practices of any person involved in lead-based paint activities in target housing or child-occupied facilities as defined in this subchapter of this title (relating to Texas Environmental Lead Reduction).

(b) A department representative, upon presenting appropriate credentials, shall have the right to enter at all reasonable times any area or environment, including but not limited to any containment work area, building, construction site, storage, vehicle, training facility, or office area to inspect and investigate for compliance with these sections of this title (relating to Texas Environmental Lead Reduction), to review records, to question any person, or to locate, identify, sample, and assess the condition of lead-based paint-containing material.

(c) Advance notice of inspections or investigations by the department is not required.

(d) Authority and responsibility for the qualifications, health status, and personal protection of department representatives reside with the department. A department representative shall not be impeded or refused entry in the course of his official duties in accordance with these regulations by reason of any regulatory or contractual specification. A person who refuses to allow a compliance inspection shall be in violation in these sections of this title (relating to Texas Environmental Lead Reduction).

Source Note: The provisions of this §295.218 adopted to be effective February 19, 1996, 21 TexReg 968; amended to be effective May 10, 1998, 23 TexReg 4280; amended to be effective March 23, 2003, 28 TexReg 2347