[HISTORY: Adopted by the City Council of the City of Allentown 5-5-1994 by Ord. No. 13256 (Article 1159 of the 1962 Codified Ordinances). Amendments noted
where applicable.]
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 a different meaning:
The Allentown Bureau of Health or any successor department
or agency, or any authorized representative thereof.
The City of Allentown.
A building or structure or any part thereof occupied or designed
or intended to be occupied as a place for human habitation or use,
including any accessory building or structure belonging thereto or
usually enjoyed therewith or any institutional structure used for
the care of or frequented by children, such as a child-care facility.
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 serum blood lead level confirmed by venous sample which
is equal to or greater than 10 micrograms lead per deciliter of blood
(10 mcg/dL) as specified by the Centers for Disease Control and Prevention.
Any care where the physician examining the child deems the
blood lead level of the child is high enough to require hospitalization
and treatment of the child. Hospitalization of the child signals that
the lead hazard in the child's home environment must be addressed
with immediacy so that the child may be discharged from the hospital
to a lead-safe environment.
All interior and exterior surfaces of a dwelling or dwelling
unit which are readily accessible to children under six years of age,
or other persons who have demonstrated an evidence of lead poisoning.
Exposed surfaces may be found on, but are not limited to, windows,
doors, floors, walls, ceilings, ornamental woodwork, stairs, decks,
porches, railings, and siding. Any area in the vicinity of a dwelling
or dwelling unit subject to contamination from flaking or peeling
of lead based materials may also be considered an exposed surface.
A set of measures designed to temporarily reduce human exposure
or likely exposure to lead paint hazards, such as specialized cleaning,
repairs, maintenance, temporary containment and temporary relocation
of the inhabitants.
Any action or actions designed to reduce exposure to lead
in a dwelling, dwelling unit or any other structure.
An item or condition where exposure to that item or condition
could have the potential to create a case of lead poisoning, such
as exposure to lead-based paint, lead-contaminated soil, water or
ceramics, etc., as determined by the Bureau of Health.
Any paint, varnish, glaze or other applied liquid surface
coating and putty or plaster which contains a quantity of lead more
than 1/2 of 1% by weight of its nonvolatile content when measured
chemically or by atomic absorption; or a quantity of lead equal to
or greater than one milligram per square centimeter when measured
by an x-ray fluorescence analyzer.
That a dwelling, dwelling unit or premises either contains
no lead, or contains lead in such condition and location that does
not result in a lead source health hazard, as determined by the Bureau
of Health.
Any person living, sleeping, cooking, eating in or having
actual possession of a dwelling unit.
Any person who has charge, care or control of a building
or part thereof.
A holder of any legal or equitable estate in the premises,
whether alone or jointly with others, and whether in possession or
not.
A lot, plot or parcel of land, including all facilities and
improvements thereon.
The component substrate materials, such as wood, plaster,
drywall, aluminum, etc., of which the dwelling or dwelling unit is
constructed.
A.
The Bureau of Health shall have the authority to enter and inspect
any dwelling, dwelling unit or premises 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 such an inspection. For
the purpose of this chapter, probable cause to gain access and to
inspect and to issue orders for lead hazard reduction of a dwelling,
dwelling unit or premises shall include, but not be limited to, the
following:
(1)
That the Bureau receives a report of a blood lead level equal to
or greater than 20 micrograms per deciliter of any child under six
years of age who resides or has recently resided or frequently visits
the dwelling or dwelling unit to be inspected; or
(2)
That such entry is for the purpose of respecting a dwelling or dwelling
unit previously determined to be in violation of this chapter; or
(3)
That the inspection of the dwelling is part of a planned, systematic
inspection program in that area of the City; or
(4)
That this Bureau has received a complaint concerning a violation
of this chapter on the premises.
B.
The Bureau shall notify either the occupant, operator, owner or other
person in charge of the dwelling, dwelling unit or other premises
of the purpose of inspection, shall display proper identification,
and shall attempt to enter and inspect the premises 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 or dwelling unit which is authorized by this chapter, 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.
A.
Where there is found the presence of flaking, peeling, chipping,
loose, chalking or otherwise deteriorating paint, plaster or exposed
surface coating or structural material in or around any building used
as a dwelling, specimens of the flaking, chipped or loose paint, plaster
or exposed surface coatings or structural material may be collected
to determine whether or not the materials contain lead. In lieu of
taking samples, the surface may be tested with an x-ray fluorescence
analyzer.
B.
The chemical determination of the lead content in exposed surface
coatings or structural materials may be made by the quantitative measurements
of samples of materials collected for analysis. Any surface material
which is analyzed and found to be a lead based coating shall be considered
a violation of this chapter, as determined by the Bureau of Health.
C.
The physical determination of the lead content of surface material
may be made by using an x-ray fluorescence analyzer or other instruments
approved by the Bureau. Any exposed surface which has a lead based
coating which exceeds 1.0 mg/cm2 when tested
by x-ray fluorescence or 0.5% by weight shall be considered a violation
of this chapter, as determined by the Bureau of Health.
Any lead source shall be considered a lead source health hazard,
as determined by the Bureau of Health, to children under six years
of age and pregnant women, or any other persons who have demonstrated
an evidence of lead poisoning.
The Bureau shall report the findings of a lead source health
hazard immediately to all occupants of the affected dwelling unit(s)
and to the owner and/or operator of the building as soon as possible.
The Bureau shall cause to have prominently posted on all entrances
to the said dwelling unit(s) a notice as follows:
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THIS DWELLING UNIT CONTAINS DANGEROUS AMOUNTS OF LEAD PAINT
AND IS UNFIT FOR HABITATION BY PREGNANT WOMEN AND CHILDREN UNDER SIX
YEARS OF AGE. SUCH NOTICE SHALL NOT BE REMOVED WITHOUT THE APPROVAL
OF THE BUREAU. A REPORT OF THE FINDINGS SHALL BE GIVEN TO OTHER PERSONS
OR AGENCIES AS REQUIRED BY LAW.
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When a lead source health hazard is found in a dwelling or dwelling
unit, the Bureau may cause to have examined all children under six
years of age, and such other persons as it may find advisable to examine,
residing or who recently resided in said dwelling. The results of
such examination shall be reported to the Bureau.
Physicians, other health care providers, and private laboratories
shall report to the Bureau, in writing, all confirmed test results
equal to or greater than 15 micrograms per deciliter of elevated blood
lead levels known to them within seven calendar days, three working
days of identification, unless previously reported. Should a child
suffer multiple episodes of lead poisoning, each episode shall be
reported.
A.
When the Bureau determines that any lead source in or about a dwelling,
dwelling unit or premises creates a health hazard to children under
six years of age, or other persons who have demonstrated an evidence
of lead poisoning:
(1)
The parent(s), guardian(s) or head of the household of any children
under six years of age who reside at or frequent the affected dwelling
unit shall initiate interim controls in order to reduce the potential
exposure of the child to the lead source. In the event of an emergency,
the owner of the property shall provide the necessary assistance and
materials to the occupants to assure the implementation of the interim
controls prior to the child's return to the dwelling.
(2)
A written notice of violation shall be issued to the owner of the
property found to have a lead source health hazard. The order shall
be sent by certified mail, unrestricted delivery, return receipt requested
to the last-known address of the owner. A copy of the notice shall
also be posted on a conspicuous place on the premises described in
the notice.
(3)
The property owner shall complete any and all work necessary, as
determined by the Bureau of Health, to restore the affected dwelling,
dwelling unit or premises to a lead safe condition in accordance with
the means, methods and time frames specified in lead hazard reduction
regulations established by the Director of Health in addition to those
herein set forth.
B.
Any person who fails to adhere to the lead hazard reduction regulations
established hereunder by the Director of Health shall be found in
violation of this chapter and any such work shall be subject to a
stop-work order issued by the Bureau of Health. Any person who shall
continue to work in or about the affected premises after having been
served with a stop-work order shall also be in violation of this chapter.
Whenever a child under six years of age or a pregnant woman
resides in any residential premises in which any paint, plaster, soil
or other accessible material contains dangerous levels of lead, there
shall exist a presumption of a lead source health hazard.
A.
No owner or landlord may evict, or cause to be evicted, occupants,
including children, of any dwelling or dwelling unit found to be in
violation of this chapter, for the purpose of avoiding corrective
measures which may have been ordered by the Health Bureau, the court
or any other appropriate authority.
B.
In the event the dwelling, dwelling unit or premises in which a lead
source health hazard exists is vacated by the occupant who occupied
same at the time of the issuance of the notice of violation to the
owner, such dwelling, dwelling unit or premises shall not be let to
or occupied by any other person until such is determined by the Bureau
of Health as being lead-safe.
Where a lead source health hazard has been identified in a dwelling
unit or other building and no evidence of lead poisoning has been
found in any occupant or regular user of that dwelling unit or building,
the owner or operator or occupant may request a variance through a
hearing before the Allentown Board of Health within seven days of
the written order or posting of the property. Said Board of Health,
upon finding that compliance with the provisions of this chapter would
inflict unnecessary hardship, and that failure to make such corrections
will not impose a danger of the health and welfare of occupants or
regular users, may grant a variance from the provisions of this chapter.
In the event any part or provision of this chapter shall be
held to be illegal or void by a court of competent jurisdiction, this
shall not have the effect of making void or illegal any of the other
parts or provisions thereof. Any invalid part of this chapter shall
be segregated from the remainder of the article by the court holding
such part invalid, and the remainder of the article shall remain in
full force and effect.
The imposition of a penalty herein prescribed shall not preclude
the City 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 City personnel, or to have corrections made under agreement
with an independent 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 City shall bill the property
owner and place a lien against the property for any expense incurred
and unpaid.
The Bureau of Health is hereby authorized and directed to administer
and enforce this chapter. The Director of Health is also hereby authorized
and directed to establish, promulgate, administer and enforce reasonable
regulations hereunder.
Any person who shall violate any provision of this chapter or
shall fail to comply with any requirements therein shall, upon conviction
thereof, be fined not more than $1,000 or imprisoned not more than
90 days, or both. Each day that a violation is continued shall constitute
a separate offense.
