S.C. Code Ann. § 44-53-1430
Notice of identification of lead-based hazard; order that it be remediated; appeals
Operative Text
(A) If a child resides in a dwelling or dwelling unit or is routinely present at a childcare facility in which a lead-based hazard has been identified, the department shall: (1) post in or upon the dwelling, dwelling unit, or childcare facility, in a conspicuous place, notice of the existence of the hazard. The notice must not be removed until the department determines that the identified lead-based hazard has been remediated. (2) give written notice of the existence of the lead-based hazard to the householder occupying the dwelling, dwelling unit, or childcare facility. (3) give written notice of the existence of the lead-based hazard to the property owner and order that the hazard be remediated within a reasonable period of time. (B) The property owner of a building subject to this article has the right to appeal the order of the department as a contested case.
Under S.C. Code Ann. § 44-53-1430, when a state department identifies a lead-based hazard in a dwelling, dwelling unit, or childcare facility where a child lives or is routinely present, the department is required to take several steps: posting a visible notice of the hazard on the property (which must remain until remediation is confirmed), providing written notice to the occupying householder, and issuing a written order to the property owner to remediate the hazard within a reasonable timeframe. Property owners who receive such an order have the right to challenge it through a formal appeals process as a contested case. The provision establishes both the government's notification duties and the owner's procedural rights.
Plain English — not legal advice.
Property owners covered by S.C. Code Ann. § 44-53-1430 should be aware that upon a departmental finding of a lead-based hazard, they will receive a written remediation order specifying a reasonable compliance period. Operators who maintain records of lead inspections, remediation work, and contractor certifications are generally better positioned to respond promptly to such orders. Owners also have the explicit right under this section to appeal the department's order as a contested case, a procedural avenue that typically involves formal administrative proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under S.C. Code Ann. § 44-53-1430, tenants and childcare facility occupants have the right to receive written notice from the department if a lead-based hazard is identified in their home or facility, and a conspicuous posted notice must remain on the property until the hazard is officially remediated. If a tenant believes a lead-based hazard exists but no notice has been posted or provided, they may consider contacting the relevant state department to inquire about an inspection. Tenant-rights organizations and legal aid services can help occupants understand what remediation timelines are considered reasonable and what options may be available if an order under this section goes unaddressed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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