[HISTORY: Adopted by the Municipal Council of the Municipality
of Norristown 11-16-2021 by Ord. No. 21-14. Amendments noted where
applicable.]
The purpose of this chapter is to protect and promote the public
health, safety and welfare through the identification and elimination
of lead source hazards in the built environment.
The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning:
An individual who is certified by the Environmental Protection
Agency (EPA) or by the Commonwealth to perform non-abatement lead
dust clearance testing under EPA's Renovation, Repair, and Painting
(RRP) Rule and clearance examinations under HUD's Lead Safe Housing
Rule. Additionally, such individual must own (i.e., sole proprietorship)
or work for a licensed lead RRP company.
An individual who maintains a current certification by the
Environmental Protection Agency (EPA) and is licensed by the Commonwealth
of Pennsylvania to perform lead-based paint abatement activities for
the purpose of permanently eliminating lead paint hazards that includes
both abatement supervisors and abatement workers. Additionally, such
individual must own (i.e., sole proprietorship) or work for a licensed
lead abatement company.
An individual who maintains a current certification from
the Environmental Protection Agency (EPA) and is licensed by the Commonwealth
of Pennsylvania to perform on-site investigations to identify the
existence, nature, severity and location of lead-based-paint hazards
and document the findings in order to recommend corrective measures.
An individual who successfully completes an Environmental
Protection Agency (EPA) approved course for renovation, repair and
painting projects that disturb lead-based paint in homes, childcare
facilities and private pre-schools built before 1978 in compliance
with the "Renovator Under the Renovate, Repair and Painting Rule,"
also known as the "RRP Rule" and which course results in the issuance
of a certification that is current and active. Additionally, such
individual must own (i.e., sole proprietorship) or work for a licensed
lead RRP company.
Any dwelling, building or portion thereof that meets the definition of "child day-care facility" as defined under Chapter 320, titled "Zoning," of the Norristown Municipal Code. This definition shall also include any dwelling unit where child day-care services are provided for less than 24 hours for four to 12 children for a fee and is licensed or is subject to a license requirement by the State Department of Public Welfare.
Any structure that is found to be unsafe or dangerous to
the life, health or safety of the public or the occupants thereof
and deemed to be unfit for habitation and condemned by an authorized
employee of the Municipality under applicable federal, Commonwealth,
or local law and regulations. Condemned property shall not include
a property which has been closed for human occupancy due to utility
shutoffs for a period of less than six months or where appliances
need to be replaced with no renovations required to any interior surface.
Any dwelling, building or portion thereof that meets the definition of "child day-care facility" as defined under Chapter 320, titled "Zoning," of the Norristown Municipal Code. This definition shall also include any building or area within a building where child care is provided, for a fee, for seven or more children in a space where child care is provided and is not part of a dwelling and is licensed or is subject to a license by the Commonwealth of Pennsylvania.
A "two-family," "multifamily," "single-family attached," "single-family detached" or "single-family semi-detached" dwelling as such terms are defined under Chapter 320, titled "Zoning," of the Norristown Municipal Code or any building or portion of a building designed for use as a residence.
A building or dwelling unit identified through testing by
a certified lead-based-paint risk assessor that, following the completion
of approved lead-based-paint abatement activities, said building or
dwelling unit is lead paint free and that all lead paint has been
abated in accordance with applicable EPA regulations.
A report issued by a certified lead-based-paint risk assessor
indicating that the referenced building or dwelling unit identified
through testing by a licensed lead-based-paint risk assessor, is free
from all lead paint and that all lead paint has been abated in accordance
with applicable EPA regulations.
A building or dwelling unit identified through testing by
a certified lead-based-paint risk assessor or by a certified lead
dust sampling technician as having lead paint surfaces that are intact
and free from deterioration. As noted in the lead-safe certification
by the lead-based-paint risk assessor, ongoing lead-safe maintenance
may be necessary to maintain the property in a lead-paint safe condition.
A report issued by a certified lead-based-paint risk assessor
or by a certified lead dust sampling technician indicating that the
referenced building or dwelling unit identified through testing by
a licensed lead-based-paint risk assessor has lead paint surfaces
that are intact and free from deterioration in accordance with applicable
EPA regulations.
A form submitted to Municipality from a licensed lead-based-paint
risk assessor certifying that appropriate testing has been performed
in accordance with applicable standards for a dwelling or dwelling
unit and that, as a result of compliant abatement activities, said
dwelling or dwelling unit is free from all lead paint. The lead-free
certification form will be provided by the Municipality for the licensed
lead-based-paint risk assessor to complete for certification.
A form submitted to Municipality from a licensed lead-based-paint
risk assessor or by a certified lead dust sampling technician certifying
that a visual inspection and dust-wipe samples have been taken from
a dwelling or dwelling unit and stating that it does not have visible
deteriorated paint and that interior dust-wipe samples were collected
in compliance with EPA regulations, were tested, and were found to
not contain lead-contaminated dust in excess of EPA dust level standards.
The lead-safe certification form will be provided by the Municipality
for the licensed lead-based-paint risk assessor or certified lead
dust sampling technician to complete for certification.
A person, firm, company or institution that has been certified
by the Environmental Protection Agency and licensed by the Commonwealth
of Pennsylvania to perform lead-based paint abatement activities to
eliminate permanently lead-based paint hazards.
A person, firm, company or institution that has been certified
by the Environmental Protection Agency and licensed by the Commonwealth
of Pennsylvania to perform renovations, repairs or painting activities
to reduce lead-based paint hazards.
As used herein, the structures subject to this chapter are
all dwellings constructed prior to 1978, day-care centers, child day-care
facilities, and condemned properties.
With respect to structures that are the subject of this chapter
as defined above, owners of such structures shall be required to obtain
a lead paint inspection from a certified lead-based-paint risk assessor
or a certified lead dust sampling technician and provide to the Municipal
Codes Department either a lead (paint) safe report or a lead (paint)
free report in the following situations:
A.
For structures that are subject to residential rental licensing and/or
registration with the Municipality, said lead paint inspection shall
be performed within six months of and the corresponding report shall
be submitted with the initial application for licensing (or first
renewal if already licensed at the time of adoption of this chapter).
Thereafter, a new lead paint inspection with corresponding report
shall be required with the submission of a rental license and/or registration
every three years (ex. initial submission in 2021, subsequent submission
due 2024). The Municipality shall not issue a rental registration
license or renewal thereof unless the Municipality has received a
lead (paint) safe report or lead (paint) free report when required
under this chapter. If a lead (paint) free report is submitted to
the Municipality by a certified lead-based-paint risk assessor containing
a lead (paint) free certification for a structure, then no further
lead-paint-based inspections or reports shall be required for said
structure unless the lead (paint) free report is rescinded, invalidated,
or otherwise determined to be void.
B.
For structures that are a condemned property, said lead paint inspection
shall be performed within six months of and the corresponding report
shall be submitted prior to authorizing and/or removing any condemnation
placard.
C.
For structures that are child day-care facilities and day-care centers,
said lead paint inspection shall be performed within six months of
and the corresponding report shall be submitted prior to the issuance
of the next required certificate of occupancy by the Municipality
for such structure. For child day-care facilities and day-care centers,
the lead (paint) safe report or lead (paint) free report shall state
that the structure and property is in compliance with applicable federal
and state laws related to lead paint. This provision shall not place
any duty on the owner or operator of such child day-care facility
or day-care center to meet lead paint levels greater than those imposed
by state or federal law.
D.
For all structures that are subject to the transfer inspection process, said lead paint inspection shall be performed within six months of and the corresponding report shall be submitted as part of the real estate transfer inspection process. If a lead (paint) free report is submitted to the Municipality by a certified lead-based-paint risk assessor containing a lead (paint) free certification for a structure, then no further lead-based-paint inspections or reports shall be required for said structure unless the lead (paint) free report is rescinded, invalidated, or otherwise determined to be void. If a report is issued by a certified lead-based-paint risk assessor or a certified lead dust sampling technician finding that a Lead (paint) Safe Certification cannot be issued due to the need for conduct renovations, repairs or painting to reduce lead-based-paint hazards or abatement activities to eliminate lead-based-paint hazards, such finding shall not constitute a substantial violation as defined in Chapter 128 of the Municipal Code (relating to change of use and occupancy) but shall be considered a violation for purposes of issuing a temporary certificate of occupancy and therefore providing the property owner the same time in which to take appropriate measures to obtain a Lead (paint) Safe Certification or lead (paint) free certification and provide to the Municipality a lead (paint) safe report or lead (paint) free report.
E.
In the event that a structure falls within two or more of the above
categories or descriptions, the lead paint inspection and report requirements
for both shall apply. For example, a real estate sale/transfer of
a rental property shall require a lead paint inspection and report
as part of the real estate transfer process. If a lead (paint) safe
certification or lead (paint) free certification cannot be provided
by the individual performing the inspection during the transfer inspection
process, then a temporary certificate of occupancy may be issued.
This would allow the new owner to use the property for owner-occupied
purposes as a lead (paint) safe report or lead (paint) free report
would continue to be required to obtain a rental license and/or registration
in order to lease, let, or rent the property to a third party.
A.
If remediation is required to receive a lead (paint) safe report
or lead (paint) free report, it is the property owner's responsibility
to engage a licensed lead abatement company and certified lead-abatement
contractor or a licensed lead RRP company and certified lead-safe
contractor to remediate any substandard findings or perform all work
required to obtain an appropriate report.
B.
All lead paint safe inspections are the responsibility of the property
owner, and all lead (paint) safe reports, lead (paint) free reports,
and their corresponding findings become the liability of the issuing
certified lead-based-paint risk assessor or certified lead dust sampling
technician.
C.
The Municipality assumes no responsibility or liability for any inaccurate
or incomplete findings and has no obligation to independently inspect
or verify the findings.
A.
Any party aggrieved by a decision of the Municipality regarding lead-based
paint shall have the right to file an appeal with the Municipality
of Norristown Board of Code Appeals which shall be referred to in
this section as the "Board."
B.
Filing of appeal. Any appeal filed shall be filed within 10 days
of the date of the notice of violation or letter regarding a lead-based
paint violation or notice. Any such appeal shall be in writing on
the appeal form prepared by the Municipality and submitted to the
Code Enforcement Manager for the Municipality of Norristown, with
the appeal filing fee as set forth by the Municipality by resolution.
Said filing fee shall be nonrefundable regardless of whether or not
the Board partially or fully upholds the Municipality's issuance
of the appealed decision.
C.
The procedures before the Board shall be the same as set forth under Chapter 9 of the Norristown Municipal Code. In addition to such procedures and to the extent that it is not already required, the property owner or the party filing the appeal shall have the burden of proof to demonstrate by clear and convincing evidence that the notice of violation or determination relating to a lead-based paint violation was invalid or incorrect.
D.
Any party aggrieved by a decision of the Board may appeal to the
Court of Common Pleas of Montgomery County as provided by law, within
30 days of receiving the Board's decision.
