Rule Requirements

To address the harm of childhood exposure to lead and asbestos, North Carolina legislatures established two key sets of rules for locations where children learn and play:

In 2019, North Carolina enacted 15ANCAC 18A .2816, requiring all licensed child care centers to test for lead in water at every tap used for drinking or cooking. Testing is required to obtain a license and is required at least once every three years. If levels of lead at a tap are at or above the state hazard level, centers are required to restrict access to the tap and take additional actions to ensure children and staff have access to water that not does exceed state hazard levels.

In 2023, North Carolina enacted rules 10A NCAC 41C .1001-1007 requiring all public schools and licensed child care facilities to:

The requirements under the 2019 rule still apply. The 2023 rule advances the foundation set by the 2019 rule by expanding the facility types, hazard types, and requirements for mitigating hazards.

If lead in water is found above the state hazard level, our team will help you complete low-cost mitigation. If lead-based paint or asbestos hazards are found, facilities will be notified and they can choose to restrict access to the area or to mitigate the hazard. Facilities are eligible for funded mitigation activities. Funding for mitigation activities was established by the S105 - 2021 Appropriations Act (SL 2021-180), which included funding for and a requirement to test and remediate lead and asbestos hazards at every child care facility and public school in the state.

You can learn more about these rules and legal funding mechanisms by accessing the external links above.