[HISTORY: Adopted by the Board of Commissioners of the City of Union City 1-7-1997 as § 6-9 of the 1996 Revised General Ordinances, as amended through Ord. No. 3836. Subsequent amendments noted where applicable.]
In these regulations, the following definitions apply:
- Satisfactory compliance as determined and recorded by the Department of Health.
- DWELLING, DWELLING UNIT, ROOMING HOUSE AND ROOMING UNIT
- A building or structure which is wholly or partly used or intended to be used for living, sleeping or cooking by human occupants.
- Any building or structure and equipment therein.
- LEAD PAINT
- Any pigmented, liquid substance applied to surfaces by brush, roller or spray in which the total nonvolatile ingredients contain more than 1% of lead, by weight, calculated as metallic lead.
- A lot, plot or parcel of land including all facilities thereon.
Proprietary day-care facilities. No not-for-profit corporation shall fall within these definitions for the purposes of this chapter.
Where the Department of Health 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 in accordance with methods prescribed by regulations issued by the Department. The property owner shall be completely financially responsible for the costs of the appropriate lead abatement process, as defined in N.J.A.C. 5:23 et seq. These costs include lead hazard abatement evaluation, relocation of occupants, and immediate evacuation of occupants. Any costs that the City incurs to enforce this provision, including costs and legal fees, shall be the responsibility of the property owner.
No person shall apply lead paint to toys, furniture or the interior surfaces of any dwelling, dwelling unit, rooming house, rooming unit or facility occupied or used by children. 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.
No person shall store, sell or transfer for retail purposes a lead paint unless the container used in retail trade bears a warning statement which shall be an integral part of the label and 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:
HARMFUL IF EATEN
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.
Use with adequate ventilation.
KEEP OUT OF THE REACH OF CHILDREN
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 chapter shall apply.
Labels on containers of lead paint manufactured prior to the effective date of this regulation 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.
Where the Department of Health 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. Cracked, chipped, blistered or peeling lead paint shall be completely removed. The lead paint ordered to be removed shall be completely removed to the base surface under such safety conditions as may be approved by the Department. In lieu of removal of the lead paint, the accessible surface shall be covered with an approved durable material. Repainting a surface with a nonlead paint without the complete removal of the existing lead paint shall not 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 and safety standards and practices of the State of New Jersey and federal agencies.
The Health Officer of the City is hereby authorized and empowered to make and adopt such rules and regulations as (s)he may deem proper and necessary for the enforcement of this chapter and for the better protection of the health of the inhabitants of the City.
In addition to any other sanction or remedy procedure provided, any person who shall violate any provision of this chapter, any regulation adopted under it, any order of the Department of Health issued thereunder, or any condition of any license required thereunder and any person who knowingly participates in any such violation by any other person or who has reason to know that his/her participation will materially contribute to any such violation by another person shall be subject to the penalty provided in Chapter 1, Article IV, General Penalty.