[HISTORY: Adopted by the Borough Council of the Borough of
Greenville 11-8-1994 by Ord. No. 1299 (Ch. 10, Part 5, of the 2006 Code
of Ordinances.) Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 283.
This chapter shall be known and may be referred to as the "Lead
Poison Control Ordinance."
The following words, terms and phrases, when used in this chapter,
shall have the meaning ascribed to them in this section except where
the context clearly indicates to the contrary:
The Borough of Greenville, Board of Health, principal health
officer of the Borough and any successor, bureau or agency of any
authorized representative or agent of the Borough.
Includes but not be limited to such surfaces as window sills,
window frames, handrails, toys, furniture, foot utensils and other
appurtenances offering a biting surface to a child who has demonstrated
an evidence of lead poisoning.
A building or structure, occupied or designed or intended
to be occupied as a place for human habitation or use or any part
thereof including an accessory building or structure, yard or fence
belonging thereto or usually enjoyed therewith and any institutional
structure caring for or frequented by children such as a residential
living facility or day-care center.
Any room or group of rooms located within a dwelling and
forming a single habitable unit with facilities which are used or
intended to be used for living or any part thereof.
A technique that may be used to cover, restrict access to,
segregate from or provide alternative safe areas to lead contaminated
soil. The techniques may include, but not be limited to, the planting
and maintaining of grass and shrubs to cover bare soil areas, the
fencing of areas to restrict access and/or the providing of safe play
areas such as a sand box.
A blood lead level of a child under the age of six years
of age confirmed by venous sample to be equal to or greater than the
lead level defined as elevated by the United States Centers for Disease
Control.
The covering of exposed surface with a minimum of two coats
of lead free paint, varnish, glaze or other applied liquid surface
coating on an adequately prepared surface as recommended by the manufacturer,
with the following exceptions:
It shall not include the covering of exposed surfaces where
abrading may occur.
It shall not include any exposed surface where there is an immediate
danger of paint failure due to such environmental or structural circumstances
such as plumbing failure, leaking roofs or direct exposure to weather.
It shall not include any exposed surface where in the opinion
of the Borough, or its authorized agent, encapsulation will not reduce
the lead hazard to an acceptable level.
The resurfacing or covering and sealing or caulking with
mechanically affixed, durable materials so as to prevent or control
chalking, flaking, lead containing substances from being part of house
dust or accessible to children.
Any case where the physician examining a child deems the
blood lead level of the child to be high enough to require chelation
of the child. Chelation of the child signals that the lead hazard
in the child's home environment must be managed with immediacy so
that the child may be discharged from inpatient-outpatient therapy
into a safe, lead-free environment.
All interior surfaces of dwelling unit and those exterior
surfaces which are readily accessible to either children under six
years of age or pregnant women, who have tested positive for lead
poisoning. Such exterior surfaces include, but are not limited to,
stairs, decks, porches, railings, windows, doors and siding. Any area
in the vicinity of a dwelling including, without limitation, any soil,
yard or other area which may be subject to contamination from flaking
or peeling lead-based coatings or any peeling paint constitutes an
exposed surface.
The reduction, removal, enclosure or encapsulation of lead
followed by a thorough clean up and post-management clean up treatment
of surfaces and sources that may result in lead toxicity or poisoning.
The methods of IM and subsequent disposal of lead shall not present
a hazard to health from fumes, dust or vapors by inhalation, ingestion
or absorption of the skin and mucous membranes and shall be in accordance
with the IM and STEP procedures as set forth in this chapter and all
other applicable laws, ordinances, regulations and safety standards
of the Borough and the appropriate state and federal agencies.
Any paint, varnish, glaze or other applied liquid surface
coating or plaster which contains a quantity of lead equal to or greater
than 0.5% by weight or 1.0 mg/cm2 as measured
by an X-ray florescence analyzer or equivalent.
Any soil containing a quantity of lead greater than 1,000
parts per million.
Any environment free from chipping and peeling lead-based
paint and safe from other lead sources that exceed the guidelines
set by the Borough, Centers for Disease Control and/or the Commonwealth
of Pennsylvania.
A lead-based coating or the presence of lead in dust, soil,
water or other environmental sources exceeding guidelines as defined
by the Borough, Centers for Disease Control and/or the Commonwealth
of Pennsylvania.
Any material, surface or situation which, in the opinion
of the Borough, represents a visually apparent or obvious lead source
or situation that would exceed the guidelines set by the Centers of
Disease Control, Commonwealth of Pennsylvania or the Borough.
Any person living, sleeping, cooking, eating or having actual
possession of a dwelling.
Any person who has charge, care or control of a building
or part thereof in which dwelling units or rooming units are let.
A holder of any legal or equitable estate in the premises,
whether alone or jointly with others and whether in possession or
not.
The stripping of an exposed surface to bare underlying materials
which do not contain lead at unsafe levels. Dry sanding, heat guns,
the use of an open flame torch and chemical strippers containing methylene
chloride are prohibited stripping techniques.
The outermost layer or superficial area of materials (excluding
paint, plaster or putty) of which the interior or exterior of a dwelling
unit is constructed. This includes, but not limited to floors, stairs,
windows, window sills, window frames, window sashes, door, door frames,
baseboard and woodwork of a dwelling or dwelling unit.
A.
The Code Enforcement Officer or the Enforcement Officer for the Greenville
Board of Health shall have the authority to enter and inspect a dwelling
in order to protect the health, safety and welfare of the public under
the provisions of this chapter whenever it has probable cause to conduct
an inspection. For the purposes of this chapter, probable cause to
gain access to and to inspect a dwelling shall include but not be
limited to the following:
(1)
That the Enforcement Officer receives a report of an elevated blood
lead level of a child under age six or a pregnant woman who resides
or frequently visits the dwelling to be inspected.
(2)
That such entry is for the purpose of reinspecting a dwelling previously
determined to be in violation of this chapter.
B.
The Code Enforcement Officer or the Enforcement Officer for the Board
of Health shall notify the owner, operator, occupant or other person
in charge of the dwelling of the proposed inspection and shall display
proper identification and shall attempt to enter and inspect the dwelling
at reasonable times.
C.
If any owner, operator, occupant or other person in charge of the
dwelling refuses, restricts or obstructs entry and inspection of a
dwelling which is authorized by this chapter, the Code Enforcement
Officer or the Enforcement Officer of the Board of Health shall promptly
apply for a search warrant to a court of competent jurisdiction and
shall supply all necessary and reasonable affidavits and testimony
to indicate that there is a reasonable or probable cause to conduct
the inspection.
A.
Testing and environmental investigation may be performed by any public
or private agency, entity or firm approved by the Borough.
B.
The physical determination of the lead content of service material
may be made by nondestructive measurements using X-ray fluorescence
analyzers or other instruments approved by the Borough. Lead content
in surface materials equal to or greater than 1.0 mg/cm2 of surface when tested by this method shall be in
violation of this chapter. The chemical determination of the lead
content in surface materials may be made by the quantitative analysis
of samples of those materials. Lead content of any surface material
equal to or greater than 0.5% by weight shall be in violation of this
chapter.
Any source of lead including, without limitation, a lead-based
coating shall be considered a health hazard to a child under six years
of age or a pregnant woman, who has demonstrated an elevated BLL,
if:
A.
It exists in or about a dwelling in which either a child under six
years of age or a pregnant woman, who has demonstrated an elevated
BLL, commonly resides or visits; and it has been determined by inspection
or analysis to be on any exposed surface at a lead level in excess
of current guidelines set by the Borough, Centers for Disease Control
or the appropriate state or federal agency.
A.
Upon receipt of: notification by a certified medical physician and/or
Commonwealth of Pennsylvania that either a child under six years of
age or a pregnant woman has a verified BLL within the parameters set
forth in the Borough of Greenville Lead Management Guide (Chart BG-1);
and an investigation indicating that there exists in a dwelling in
which the child or pregnant woman resides or frequently visits, a
lead-based coating or other source of lead which may cause or contribute
to an effected person's elevated BLL, the Borough has the authority
to order the owner, operator and/or occupant of any dwelling in which
the child or pregnant woman resides or frequently visits to comply
with the actions set forth in the Borough of Greenville Lead Management
Guide (Chart BG-1).
|
LEAD MANAGEMENT CHART
(Chart BG-1)
| ||
|---|---|---|
|
B.L.L.
|
Actions
| |
|
>15 - 19 microgram/dl
|
1.
|
Allow the Borough of Greenville to perform inspections of the
property twice a month for a period of 3 months in order to monitor
and record the progress of the affected child or pregnant woman.
|
|
>20 - 44 microgram/dl
|
1.
|
Begin STEP within 5 working days and complete within 7 working
days.
|
|
2.
|
Begin IM procedures within 10 working days. The completion date
to be set by the Borough of Greenville but not to exceed 60 days.
| |
|
>45 - 69 microgram/dl
|
1.
|
Begin STEP immediately and complete within 3 working days.
|
|
2.
|
Begin IM procedures within 5 working days. The completion date
to be set by the Borough of Greenville but not to exceed 30 days.
| |
|
>70 micrograms/dl
|
1.
|
Begin STEP and IM procedures immediately and complete them prior
to the reoccupancy of the exposed child or pregnant woman or within
15 days.
|
B.
Short-term emergency management procedures (STEP) shall consist of
the following actions and/or minimum requirements:
(1)
The Borough of Greenville's Enforcement Officer(s) shall report the
findings of the lead source health hazard to all occupants of the
affected dwelling unit(s) and to the owner and/or operator of the
building. A report of the findings shall likewise be given to all
other persons or agencies as required by law.
(2)
The Borough of Greenville's Enforcement Officer(s) shall cause to
have prominently posted on all entrances a notice as follows:
|
"This dwelling unit contains quantities of lead that may be
hazardous to the health of pregnant women and children under six years
of age."
|
|
Such notice shall not be removed without the approval of the
Code Enforcement Officer or the Enforcement Officer for the Board
of Health.
|
(3)
The owner, operator and/or occupant of the affected dwelling unit(s)
shall isolate and remove from the premises all lead sources which
present near-term exposure threats to the health of pregnant women
and children under six years of age.
(4)
The owner and/or operator shall perform a thorough post-management
cleanup of exposure areas using a high phosphate detergent.
C.
Interim management procedures (IM) shall consist of the following
actions and/or minimum requirements:
(1)
The Borough of Greenville shall cause to have the property placed
on a listing maintained by the Borough's designated enforcement authority
or agency and said listing shall be made available to the public upon
request.
(2)
The owner and/or operator of the affected dwelling unit(s) shall
remove, replace, encapsulate, enclose and/or strip all areas and surfaces
determined to have lead levels in excess of the current guidelines
set by the Borough of Greenville, Centers for Disease Control or the
appropriate state or federal agencies. The methods of management for
each identified exposed surface must be approved by the Borough of
Greenville.
(3)
The owner and/or operator shall perform a thorough post-management
cleanup of all habitable areas using a high phosphate detergent.
(4)
The Borough of Greenville's Enforcement Officer(s) and/or Commonwealth
of Pennsylvania shall be allowed to perform post-management inspections
and/or testing as is necessary to ensure that the effected dwelling
unit(s) is a lead-safe environment.
D.
If it is determined that the BLL of the affected child or pregnant
woman persists or increases after interim management procedures have
been completed and upon recommendation by the acting certified physician
and either the Commonwealth of Pennsylvania or the Greenville Borough
Board of Health, the Borough will have the authority to require the
owner, operator and/or occupant to take further corrective measures
as necessary to ensure the health of the affected child or pregnant
woman.
E.
All orders issued by the Borough of Greenville's Enforcement Officer(s)
shall be issued in written form and shall be sent by certified mail,
return receipt requested, to the last known address of the owner.
In addition, the Borough of Greenville's Enforcement Officer(s) shall
post the order on the dwelling described in the order.
A.
No owner or landlord found to be in violation of this chapter may
evict or cause to be evicted, occupants of any apartment or building
found to be in violation of such ordinance, where the occupants have
children, for the purpose of avoiding corrective maintenance which
may have been ordered by the Code Enforcement Officer, the Enforcement
Officer for the Board of Health, the court or any other appropriate
authority.
B.
In the event the dwelling or dwelling unit or premises in which lead hazard is found is vacated by the occupant who occupied the same at the time of the issuance or corrective notice referred to in Subsection A above, such dwelling, dwelling unit or premises shall not be let or occupied by any other person until such corrective notice is complied with.
The imposition of a penalty herein prescribed shall not preclude
the Borough from instituting appropriate action by injunction or any
other legal remedy to prevent or correct any violation of this chapter
including, but not limited to, the right to make corrections, utilizing
qualified Borough personnel or to have corrections made under agreement
with a professional contractor, for any property not in compliance
with this chapter whose owner cannot be located or who does not comply
with any order to make corrections. The Borough shall bill the property
owner and place a lien against the property for expense incurred and
unpaid.
The issuance of a statement by the Borough to an owner and/or
occupant that a violation notice has been abated does not subject
the Borough to any claims for liability if the issuance of the statement
was made in good faith.
[Amended 8-8-2006 by Ord. No. 1455]
In addition to any other sanction or remedial procedure, any
owner, operator, occupant or other person, firm or corporation who
shall violate any provision of this chapter shall be, upon conviction
thereof, sentenced to pay a fine of not less than $50 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
continues shall constitute a separate offense.
