[HISTORY: Adopted by the Borough Council
of the Borough of Columbia as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-2018 by Ord. No. 906]
A.
The Borough Council of the Borough of Columbia determines that it
is necessary to protect and promote the public health, safety and
welfare of residents of the Borough of Columbia through the identification
and elimination of lead source hazards; and
B.
The Borough of Columbia currently maintains a licensing and inspection
program for residential rental units; and
C.
Pursuant to the existing codes and ordinances of the Borough of Columbia,
the Borough currently inspects and issues certificates of occupancy
for day-care centers and child day-care facilities; and
D.
Under the existing codes and ordinances of the Borough of Columbia,
various inspections and reports are required prior to any notices
of condemnation being removed for dwellings which were condemned as
being unfit for human habitation; and
E.
With respect to any of the foregoing properties built prior to 1978,
the Borough deems it necessary to receive lead paint safe inspection
reports by a certified Lead-Based-Paint Risk Assessor prior to issuing
rental housing licenses or certificates of occupancy and prior to
removing condemnation placards.
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) and 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 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.
Any dwelling unit where child day-care services are provided
for less than 24 hours for four to 12 children for a fee as approved
by the Borough of Columbia and licensed 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 Borough of Columbia under Borough ordinances. Condemned
property shall not include a property which has been closed for human
occupancy due to utility shutoffs or where appliances need to be replaced
with no renovations required to any interior surface.
A building or area within a building licensed by the Commonwealth
of Pennsylvania 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.
A two-family, multifamily, single-family attached, single-family
detached or single-family semi-detached dwelling as defined in the
Borough of Columbia's Zoning Ordinance[1] composed 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 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
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 or
is free from lead paint.
A form provided to the Borough of Columbia from a licensed
Lead-Based-Paint Risk Assessor 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.
Residential rental units as set forth in § 112-6D(2) of the Code of the Borough of Columbia.
As used herein, the structures subject to this article are
residential rental units constructed prior to 1978, day-care centers,
child day-care facilities, and dwellings constructed prior to 1978
which meet the definition of "Condemned Properties" herein.
With respect to structures which are the subject of this article
and as defined above, in the following situations, owners of such
structures shall be required to provide a lead (paint) safe report
to the Codes Department of the Borough of Columbia:
A.
With respect to structures which are subject to licensing and/or
registration with the Borough of Columbia as residential rental units,
with the application for licensing (or renewal if already licensed
at the time of adoption of this article). The Borough shall not issue
the rental registration license or renewal thereof unless it has received
the lead (paint) safe report issued by a Certified Lead-Based-Paint
Risk Assessor for the structure.
B.
With respect to a condemned property, prior to authorizing and/or
removing any condemnation placard.
C.
With respect to child day-care facilities and day-care centers, prior
to the issuance of the next required certificate of occupancy (following
inspection by the Borough in accordance with Borough ordinances) by
the Borough of Columbia for such structure. For child day-care facilities
and day-care centers, the report shall state that the 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.
All clear lead (paint) safe reports are to be issued by a certified
Lead-Based-Paint Risk Assessor. If remediation is required to receive
a clear lead (paint) safe report, it is the property owner's
responsibility to engage a state-certified lead paint assessment/remediation
company to remediate any substandard findings. All lead paint safe
inspections are the responsibility of the property owner, and all
clear lead (paint) safe reports and findings become the liability
of the issuing state-certified lead-safe contractor. In the instance
that any lead (paint) safe report provides that future inspections
will be needed to assess future deterioration, or after a period of
five years from the date of the previous lead (paint) safe report,
the owner shall be required to file with the Codes Department of the
Borough of Columbia additional lead (paint) safe reports issued by
a certified Lead-Based-Paint Risk Assessor indicating that the property
remains lead (paint) safe. The Borough of Columbia assumes no responsibility
or liability for any inaccurate or incomplete findings and has no
obligation to independently inspect or verify the findings.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses or parts of this article; it being the intent of the Borough
of Columbia that the remainder of this article shall be and shall
remain in full force and effect.
