The purpose of this chapter is to protect and promote public
health, safety and welfare through the identification and elimination
of lead source hazards in the built environment and identification
and protection of children with elevated blood lead levels (EBLL).
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any set of measures designed to permanently eliminate lead-based
paint hazards, including the removal of lead-based paint and lead-contaminated
dust, the permanent containment or encapsulation of lead paint; replacement
of lead-painted surfaces, or fixtures, and removal, or the covering
of lead-contaminated soil and all prep, cleanup, disposal, and post-abatement
clearance testing activities associated with such measures.
Soil or sand not covered by grass, sod, other live ground
cover, wood chips, gravel, acritical turf, or similar covering.
The amount of lead in blood which is measured in micrograms
of lead per deciliter of blood (ug/dL).
A board established by the Code of the City of Lancaster
which addresses conditions that may be detrimental to public health
and promotes health practices that enhance the community.
An individual, firm or company certified by the EPA in lead
abatement work who gains approval by the PA Department of Labor &
Industry to become certified and licensed to conduct lead-based paint
abatement in the Commonwealth of PA.
A dwelling, building, structure or portion thereof, used
for supervision or personal care services for children six years of
age or less for under 24 hours as approved by the City and licensed
by the State Department of Public Welfare.
An activity conducted and documented by a lead risk assessor
to determine if a unit is lead-safe consisting of a visual inspection
and dust wipe sampling according to EPA regulations under 40 CFR 745.65.
Passing results in a lead-safe certification.
Any inspector and/or employee of the City empowered to act
as a code official by the Director of the Department of Community
Planning and Economic Development including, without limitation, bureau
chiefs, deputy directors, technical officers and inspectors. When
acting within the scope of their appointment, code officials shall
have the power of a police officer of the City of Lancaster; provided,
however, that under no circumstances shall they have the power of
arrest.
Any interior or exterior paint or other coating that is peeling,
chipping, chalking or cracking, or any paint or coating located on
an interior or exterior surface or fixture that is otherwise damaged
or separated from the substrate.
A building or part thereof occupied as a residence.
A single unit providing independent living facilities for
one or more persons, including provisions for living, sleeping, eating,
cooking and sanitation. For purposes of this article, a dwelling unit
includes, amongst other dwelling units, a single apartment or efficiency,
a single-family house, a dwelling unit within a multifamily house,
and dwelling units within other types of facilities.
A BLL confirmed to be equal to or greater than the Centers
for Disease Control's blood lead reference value as set by the
United States Federal Advisory Committee, called the Lead Exposure
and Prevention Advisory Committee (LEPAC).
The process of determining the source of lead exposure for
a child age six or under with an elevated blood lead level, consisting
of a risk assessment and additional questions for the family regarding
other sources of lead exposure (e.g., water, pottery, daycare settings),
and testing of other potential sources of lead exposure.
United States Environmental Protection Agency.
An examination of a residential rental property conducted by a code official prior to the issuance of a rental license under the provisions of Chapter 238, Rental Property, of the Code of the City of Lancaster.
A set of measures designed to reduce temporary exposure or
likely exposure to lead-based paint hazards. Interim controls include,
but are not limited to, repairs, painting, temporary containment,
specialized cleaning, clearance, ongoing lead-based paint maintenance
activities, and the establishment and operation of management and
resident education programs.
A point-in-time check consisting of a visual inspection and/or
dust wipe sampling to detect lead-based paint hazards and is performed
by a code official or lead risk assessor in accordance "to determine
compliance" with "lead safe" standards established by the City. Passing
results in a notice of compliance with lead-safe standards.
Any lead source identified by an Environmental Investigation
shall be considered a lead health hazard to children age six or under
and pregnant women.
An individual who is certified by the EPA and licensed by
the Commonwealth of Pennsylvania Department of Labor & Industry
as a lead inspector.
An individual who is certified by the EPA and licensed by
the Commonwealth of Pennsylvania Department of Labor & Industry
as a lead risk assessor.
Surface dust that contains a mass per area concentration
of lead equal to or exceeding acceptable levels of lead defined in
EPA regulations under 40 CFR 745.65.
Bare soil on residential real property or on the property
of a child-occupied facility that contains total lead equal to or
exceeding acceptable levels of lead in a play area or yard defined
in EPA regulations under 40 CFR 745.65.
A form provided by the City of Lancaster signed by a lead
risk assessor indicating a property has passed a lead risk assessment
or clearance examination. The form can be found in the policies and
procedures.
An individual who has successfully completed an EPA eight-hour
class titled "Renovator" under the Renovate Repair and Painting Rule,
also known as the RRP Rule. The company that the renovator owns or
works for must also be certified as a "firm" under the RRP Rule.
Standards for determining whether properties pass a lead
hazard evaluation developed by the City and approved by resolution
of City Council from time to time.
A form provided by the City of Lancaster signed by a code
official, lead risk assessor, or Lead Inspector indicating a property
is compliant with lead-safe standards. The form can be found in the
policies and procedures.
Order executed by the Health Officer upon receipt of documentation
of a child with an EBLL greater than or equal to 45 µɡ/dl
that the child be required to be removed from the property causing
the lead poisoning and be placed in a lead-safe dwelling to prevent
re-exposure to toxic lead hazards.
Any person, agent, operator, housing authority or fiduciary
having legal, equitable or other interest in any real property; as
recorded in the official records of the state, county or municipality
as holding title to the real property; or otherwise having control
of the real property, including the guardian of the estate of such
person and the executor or administrator of such person's estate.
When used in this chapter in a clause proscribing any activity or
imposing a penalty, the term, as applied to partnerships and associations,
shall mean each general partner; as applied to corporations, the officers
thereof; and as applied to limited liability companies, the members
and any managers thereof.
That document entitled "Policies and Procedures" for the
implementation of this chapter by the Department of Community Planning
and Economic Development as approved and signed by the Director of
the Department of Community Planning and Economic Development and
posted on the City's website. The "Policies and Procedures" may
be altered from time to time and will only become effective upon their
posting on the City's website.
Measures designed to reduce or eliminate human exposure to
lead-based paint hazards through approved methods, including interim
controls and abatement.
This EPA rule as codified in 40 CFR Part 745 requires that
firms performing renovation, repair and painting projects that disturb
lead-based paint in homes, child-care facilities and preschools built
before 1978 have their firm certified by the EPA (or an EPA-authorized
state), use certified renovators who are trained by EPA-approved training
providers and follow lead-safe work practices.
Any parcel of real estate, including land and all buildings
and appurtenant structures and dwellings thereon that contain therein
one or more residential rental units.
An on-site inspection both on the interior and exterior of
the structure conducted by a lead risk assessor to determine and report
the existence, nature, severity and location of lead poison hazards
that could affect humans, especially children. Passing results in
a lead-safe certification.
An examination of a residential rental property conducted by a code official under and pursuant to the provisions of Chapter 238, Rental Property, of the Code of the City of Lancaster.
Any rental dwelling unit constructed before 1978, except:
Housing for the elderly or persons with disabilities;
Any unit defined as an efficiency unit in the City Zoning Ordinance;[1]
Dwelling units developed by or for an education institution
for the exclusive residential use and occupancy by that institution's
students;
Buildings containing dwelling units all of which are leased
only to students enrolled in a college or university degree program.
The above exemption of any dwelling unit in Subsection A(1), (2) and (3) for pre-1978 housing for the elderly or persons with disabilities, or educational institution housing does not apply to any dwelling unit where a child age six and under resides in, or is expected to reside in, such dwelling unit.
The individual named as the lessee in a lease, rental agreement
or occupancy agreement for a dwelling unit or any structure with a
child-care facility.
A.
The City, through its agents or employees, is authorized to make
inspections upon display of proper identification to determine compliance
with this chapter.
B.
Every occupant of a dwelling shall grant to the owner thereof or
his agent or employee or any person with whom the City has contracted
free access to it at all reasonable times for the purpose of testing
or inspection to effect compliance with this chapter and with any
notice or order issued under this chapter.
C.
The Director of Community Planning and Economic Development is authorized
to promulgate policies and procedures.
The issuance of a statement by the City to an owner and/or occupant
that a lead health hazard has been abated or a notice of compliance
with lead-safe standards does not subject the City to any claims for
liability if the issuance of the statement or notice was made in good
faith.
A.
Any party aggrieved by a decision of any designated and authorized
agent of the City regarding lead-based paint shall have the right
to file an appeal with the City Housing Board of Appeals.
B.
Filing of appeal. Any appeal filed shall be filed within 10 days
of the date of the notice of lead health hazard. Any such appeal shall
be in writing and directed to the Lancaster City Housing Board of
Appeals, with a check payable to the City of Lancaster in the amount
of $150 for the appeal. Furthermore, the Board may require the party
bringing the appeal to pay any costs associated with hearing the appeal,
including, but not limited to, attorney's fees in excess of the
appeal fee, regardless of other expenses incurred, whether or not
the Board partially or fully upholds the City's issuance of the
appealed decision.
C.
Any party aggrieved by a decision of the Board may appeal to the
Court of Common Pleas of Lancaster County as provided by law, within
30 days of receiving the Board's decision.
