[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.]
A.Â
APPROVED
DWELLING, DWELLING UNIT, ROOMING HOUSE AND ROOMING UNIT
FACILITY
LEAD PAINT
PREMISES
In these
regulations, the following definitions apply:
Satisfactory compliance as determined and recorded by the
Department of Health.
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.
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.
B.Â
Proprietary
day-care facilities. No not-for-profit corporation shall fall within
these definitions for the purposes of this chapter.
[Amended 5-21-2013]
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.
A.Â
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:
|
WARNING!
CONTAINS LEAD
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
|
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
