[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 14-1972. Amendments noted where applicable.]
No person shall apply lead paint to toys, furniture, kitchen
utensils, or the interior surfaces of any dwelling, dwelling unit,
rooming house, rooming unit, or facility where children live or enter.
Such interior surfaces include but are not limited to window sills,
window frames, doors, door frames, walls, ceilings, stair rails and
spindles or other appurtenances.
No person shall sell, transfer or deliver toys or furniture
to which lead paint has been applied.
A.
No person shall store, sell or transfer for retail purposes any lead
paint, unless the container used in retail trade bears a warning statement
which shall be an integral part of the label, shall be placed in a
conspicuous place on the immediate container of such paint and shall
be printed in letters which are legible and in conspicuous contrast
with other printing appearing on the container. The statement shall
be in substantial conformance with state and federal laws and regulations
and recommended standards of the Federal Hazardous Substances Labeling
Act and shall further conform in wording and type style and size as
follows or shall be an approved equivalent:
|
(Type Size and Style)
| ||
|---|---|---|
|
WARNING!
|
(10 pt. caps)
| |
|
CONTAINS LEAD. HARMFUL IF EATEN
|
(10 pt. caps)
| |
|
DO NOT APPLY ON TOYS, FURNITURE, WINDOW SILLS OR OTHER INTERIOR
SURFACES OF ANY DWELLING OR FACILITY WHICH MAY BE OCCUPIED OR USED
BY CHILDREN. KEEP AWAY FROM HEAT AND OPEN FLAME. AVOID PROLONGED CONTACT
WITH SKIN AND BREATHING OF VAPOR OR SPRAY MIST. CLOSE CONTAINER AFTER
EACH USE.
|
(10 pt. caps)
| |
|
Use with Adequate Ventilation
|
(12 pt. type)
| |
|
Keep Out of the Reach of Children
|
(10 pt. type)
|
B.
This warning statement shall also be required on accompanying literature,
including directions for use. Where tinting or coloring added to paint
at the point of sale produces a final paint product with more than
one-percent lead, the labeling requirements of this section shall
apply.
C.
Labels on containers of lead paint manufactured prior to the effective
date of this chapter shall be made to conform with the above labeling
requirements by the application of a separate warning label which
shall be affixed directly upon the existing label. However, after
one year from the effective date of these regulations, the warning
shall be an integral part of the label on the container.
[Ord. No. 6-1995]
A.
The Bureau of Codes Enforcement, by its legal representative, shall
have the authority to enter and inspect a dwelling, or pertinent areas
of the same, in order to protect the health, safety and welfare of
the public whenever it has probable cause to conduct such an inspection.
For the purpose of this chapter, probable cause to gain access and
to inspect a dwelling, or pertinent areas, shall include, but not
be limited to, the following:
(1)
The Bureau of Codes Enforcement receives a report of elevated
blood levels of any child under seven years of age or any pregnant
woman who resides or has recently resided, frequently visits, was
about or in a particular dwelling or pertinent area or building;
(2)
Such entry is for the purpose of reinspecting a dwelling or
pertinent area previously determined to be in violation of this chapter;
(3)
The inspection of the dwelling or pertinent area is part of
a planned, systematic inspection program of the City;
(4)
The Bureau of Codes Enforcement, after investigation, has knowledge,
information or a reasonable belief that a violation of the City codes
exists in the dwelling or pertinent area; or
(5)
The Bureau of Codes Enforcement has received a complaint concerning
a violation in the dwelling or a pertinent area.
B.
The Bureau of Codes Enforcement shall notify the owner, operator,
occupant, or other person in charge of the dwelling, or pertinent
areas, of the purposes of inspection, shall display proper identification
and shall attempt to enter and inspect the dwelling or pertinent areas
during normal business hours.
C.
If any owner, operator, occupant, or person in charge of a dwelling
or pertinent areas refuses, restricts or obstructs entry and inspection
of a dwelling, or pertinent areas, which is authorized by this Code,
the Bureau shall promptly apply for a search and inspection warrant
to a court of competent jurisdiction and shall supply all necessary
and reasonable affidavits and testimony to indicate that there is
reasonable or probable cause to conduct the inspection.
[Ord. No. 6-1995]
For the purpose of this chapter, "dwelling" shall include any
facility or building used as a day-care or child-care facility. No
day-care or child-care facility shall be approved by the Codes Administrator
for occupancy unless the applicant provides test results evidencing
that the property contains no paint containing lead. To facilitate
enforcement of this section, the Codes Administrator may promulgate
appropriate regulations.
[Ord. No. 6-1995]
A.
If there is found the presence of flaking, peeling, chipping or loose
paint, plaster, or structural material in or around any building used
for housing, or any pertinent areas thereof, specimens of the flaking,
chipped and loose paint, plaster, or structural material shall be
collected to determine whether or not the materials contain lead.
In lieu of taking samples, the surface may be tested with an analyzer
approved by the City.
B.
Testing and environmental investigation may be performed by a public
or private agency, entity or firm approved by the Bureau of Codes
Enforcement.
C.
The chemical determination of the lead content in surface materials
may be made by the quantitative measurement of samples of those materials.
Lead content of any surface material in excess of 0.06% by dry weight
shall be in violation of this chapter.
D.
The physical determination of the lead content of surface material
may be made by nondestructive measurements using radioisotope x-ray
fluorescent analyzers or other instruments approved by the City. Lead
content in surface materials in excess of 0.7 milligram per square
centimeter of surface when tested by this method shall be in violation
of this chapter.
[Ord. No. 6-1995]
Any lead source shall be considered a health hazard to children
under seven years of age, pregnant women or to other persons who have
demonstrated an evidence of lead poisoning.
[Ord. No. 6-1995]
A.
No owner, landlord, agent or person found to be in violation of this
chapter may evict or cause to be evicted from any apartment or building
occupants or occupants whose children have demonstrated evidence of
lead poisoning for the purpose of avoiding corrective maintenance
which may have been ordered by the City or a court of law.
B.
In the event the dwelling or dwelling unit or premises in which a lead hazard is found is vacated by the occupant who occupied the same at the time of the issuance of a corrective notice referred to in Subsection A, such dwelling, dwelling unit or premises shall not be let or occupied by any other person until corrective measures are taken to bring it into compliance.
[Ord. No. 6-1995]
The Bureau of Codes Enforcement may, on a case-by-case basis,
approve an alternative procedure for abatement of a lead paint violation,
provided that the owner submits a written description of an alternative
procedure to the Bureau and demonstrates that compliance with City
procedures is not practical or feasible in the individual case and
that the proposed alternative procedure provides the equivalent control
and removal.
[Ord. No. 6-1995]
A.
Where the Bureau of Codes Enforcement determines that the presence
of lead paint upon any premises creates a health hazard to children
or a pregnant woman, it shall issue an order to the owner or occupant
to eliminate the hazard in accordance with methods set forth in this
chapter.
B.
Within 10 days following receipt of the written order, the owner
shall submit to the Bureau of Codes Enforcement written plans and
a schedule for elimination of the hazard. Said plans and schedule
shall specify in detail the means, methods, materials, and dates by
which correction will be achieved. One of the following approved methods
shall be used to bring about compliance and shall be included in the
plans and schedule submitted:
(1)
Wet stripping of the surface to the bare underlying materials
which do not contain lead at the unsafe levels; or
(2)
The covering of such surfaces which contain lead at unacceptable
levels with permanently affixed coverings, the surface of which is
lead free and which said permanently affixed covering is incapable
of being readily chewed through, torn from the surface, pierced or
otherwise removed in such manner as to expose the hazardous surface
(for example, hardboard, plywood, drywall, plaster).
C.
Dry sanding, heat guns, the use of an open-flame torch, and chemical
strippers containing methylene chloride are prohibited abatement techniques.
D.
Promptly upon receipt of the plan and schedule, the Bureau of Codes
Enforcement shall approve or disapprove such plan and schedule. Notice
of any disapproval shall be accompanied by specific reasons therefor.
Upon receipt of a disapproval notice, the owner shall within four
days resubmit the plans and schedule with such revisions as are necessary
to remove the objections. Upon disapproval of a second plan by the
Bureau of Codes Enforcement, the owner shall be issued a written notice
indicating schedule and method of abatement which will be required
to bring the dwelling, or pertinent areas, into compliance. The owner
shall complete abatement of the lead hazard within 15 days after receiving
notification from the Bureau of Codes Enforcement that the plans and
schedule have been approved, unless the Bureau of Codes Enforcement
extends the time for compliance.
E.
The Bureau of Codes Enforcement shall reinspect any area cited as
a health hazard to determine if the hazard has been eliminated after
painting or refinishing.
A.
Where the Bureau of Codes Enforcement determines that the presence
of lead paint upon any premises creates a health hazard to children,
it shall issue an order to the owner or occupant to eliminate the
hazard. Lead paint shall be completely removed from any surface which
can be chewed or eaten by children, and cracked, chipped, blistered,
or peeling lead paint shall be completely removed to the base surface
under such safety conditions as may be approved by the Bureau. In
lieu of removal of the lead paint, the accessible surface shall be
covered with an approved durable material such as, but not limited
to, plaster, dry wall or paneling.
B.
Repainting a surface with a nonleaded paint without the complete
removal of the existing lead paint shall not be deemed to be satisfactory
compliance with this chapter.
The methods used for the removal of lead paint shall not present
a hazard to health from fumes, dust or vapors by inhalation or absorption
through the skin and mucous membranes and shall be in accordance with
all applicable laws, ordinances, regulations, safety standards and
practices of the City and state and federal agencies.
