City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 14-1972. Amendments noted where applicable.]

§ 6-325.1 Prohibited use of lead paint.

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.

§ 6-325.2 Prohibited handling of lead-painted toys or furniture.

No person shall sell, transfer or deliver toys or furniture to which lead paint has been applied.

§ 6-325.3 Labeling of lead paints.

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.

§ 6-325.4 Inspections.

[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.

§ 6-325.5 Child care facilities.

[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.

§ 6-325.6 Testing procedures; standards.

[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.

§ 6-325.7 Lead source considered health hazard.

[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.

§ 6-325.8 Protection of occupants.

[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.

§ 6-325.9 Exemptions.

[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.

§ 6-325.10 Abatement of health hazard.

[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.

§ 6-325.11 Removal of lead paint.

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.

§ 6-325.12 Precautions during removal of lead paint.

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.

§ 6-325.99 Penalty. [1]

A. 
The imposition of the penalty prescribed in Subsection B shall not preclude the Bureau of Codes Enforcement from instituting appropriate action by injunction or any other legal remedy to prevent or correct any violation of this chapter.
B. 
Any person who violates the provisions of this chapter shall be subject to Chapter 6-103, Enforcement and Penalty, of these Codified Ordinances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).