It exists inside or on the exterior of a dwelling in which the affected person commonly resides or visits;

It exists inside or on the exterior of a structure containing a child day-care facility.

It exists inside or on the exterior of a condemned residential structure or condemned commercial structure containing a child-care facility, regardless of any documented exposure.

It is determined to be on any flaking, peeling, nonintact deteriorated surface or on any exposed surface or in any soil or dust found in or about the dwelling or in any rugs, carpet or other surface coverings in or about the dwelling; and

It contains a quantity of lead in excess of 1.0 milligrams per square centimeter of surface when measured by a recognized method of analysis.

Testing and environmental investigation for lead hazards shall be performed by a public or private agency, entity or firm approved by the City, certified by the EPA and licensed by the Commonwealth of Pennsylvania as a Lead-Based Paint Risk Assessor.

The physical determination of the lead content of surface material in a dwelling or of the lead content of any exposed surface shall be made by nondestructive measurements using a recognized method of analysis including x-ray fluorescence analyzer. All instruments used for in-place determinations of lead content shall be operated by a certified operator with proof of the same being submitted to the City.

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.

For other acceptable forms of lead testing, see "Recognized Methods of Analysis."[1]

A risk assessment shall be conducted on any property that meets one of the following conditions:

Risk assessments shall take the following items into consideration to determine the extent of the hazard:

The Lead-Based Paint Risk Assessor will issue a written and signed document, identifying the locations of the lead paint found and the conditions of the leaded surfaces. A risk assessment is based only on conditions observed and recorded at the time of the inspection.

Clearance examination. An activity conducted and documented by a Lead-Based Paint Risk Assessor following lead-based paint hazard reduction activities to determine that the hazard reduction activities are complete and no soil lead hazards or settled dust lead hazards as defined exist inside or on the exterior of the dwelling unit or worksite. EPA protocols are required to be followed for this examination. This applies to any structure undergoing a lead risk assessment or any condemned residential structure, constructed prior to 1978, prior to the issuance of a certificate of habitability or certificate of occupancy.

A lead safe certification, on the form to be provided by the City, shall be submitted to the City based on an inspection at turnover of the dwelling or dwelling unit to a new tenant. The lead safe certification must be based on a clearance examination completed at turnover of the dwelling or dwelling unit, or a clearance examination completed no more than 24 months prior to the date a new lease is entered into. A lead free certification must be based on a risk assessment performed at any time prior to the date a lease is entered into.

Upon notification by a licensed medical doctor (physician) or a medical professional that a child six years of age and under or other affected individual has an elevated blood lead level, the City Code Compliance and Inspection Office, Health Officer or other authorized personnel shall issue a written notice of violation to the property owner and/or management company ordering the abatement of the lead source hazards with approved methods using the services of a licensed lead abatement contractor.

The owner and/or authorized agent of any dwelling unit in which the affected individual resides or visits is required to submit, within 21 days, a written risk assessment report including the results of testing and an environmental investigation stating whether there exists a health hazard under this chapter. This testing and environmental investigation shall be in accordance with § 182-5.

If the owner fails to provide such risk assessment report, the City can perform or cause the performance of the testing and environmental investigation, at the expense of the owner, to determine whether there exists a health hazard.

When it is determined that there exists a lead source health hazard through the risk assessment, the owner must select a licensed lead abatement contractor that is registered with the Pennsylvania Attorney General's office as a registered home improvement contractor. The owner shall bear the cost of the contractor and abatement and shall submit a copy of the written, signed contract to the City Health Officer or other designated individual for review and approval within 21 days of the notice of violation and prior to initiating such abatement. Failure to provide a copy of a valid contract to the City within 21 days of the notice of violation shall be subject to a fine of not less than $300 and not more than $1,000. Promptly upon receipt of the contract with a licensed lead abatement contractor with plans and schedule, the City Health Officer shall approve or disapprove such plans and schedule. Notice of any disapproval shall be accompanied by specific reasons therefor. Upon receipt of a disapproval notice, the owner shall, within five business days, resubmit the plans and schedule with such revisions as are necessary to remove the objections.

The owner and/or authorized agent shall complete the abatement of the lead hazard within 45 days after receiving notification that the plans and schedule have been approved.

In areas where the deteriorated paint is less than 10% of the total component or less than 20 square feet on exterior surfaces, and less than two square feet in any one interior room, clearance testing is not required, however, lead-safe work practices must be followed when repairing the poor condition of the paint in these areas. The City's square-square foot calculation shall be the sole factor in determining whether the exception to abatement is authorized pursuant to this section.

Clearance examination and report.

If a dwelling or dwelling unit built prior to 1978 is a condemned property, the owner and/or authorized agent of the dwelling or dwelling unit must possess a one-day EPA renovation, repair painting (RRP) certification prior to obtaining a demolition or building permit from the City of Lancaster. Said certification must be presented to the City when applying for a demolition or building permit.

Once construction is completed, the owner and/or authorized agent is required to submit a lead safe certification as required by this chapter, and completed in accordance with EPA regulations, to the City.

The owner shall bear the cost of obtaining the lead safe certification.

If the clearance examination indicates the dwelling or dwelling unit failed, the owner must incur the cost of subsequent clearance examinations until a lead safe certification is secured. The owner may elect to have a City-qualified Lead-Based Paint Risk Assessor conduct the clearance examination at the owner's expense.

A copy of the lead safe certification must be provided to the City prior to the City issuing a certificate of habitability and/or certificate of occupancy for the condemned dwelling or dwelling unit.

No owner shall enter into a lease agreement with a tenant, other than a renewal lease, to rent any targeted housing dwelling or dwelling unit, unless: 1) he/she provides the tenant with a valid lead safe certification prepared by a Lead-Based Paint Risk Assessor stating that the property is either lead free or lead safe; and 2) the tenant acknowledges receipt of the certification by signing a copy.

A certification that a property is lead safe under this section shall state that the Lead-Based Paint Risk Assessor determined that the dwelling or dwelling unit was free of any deteriorated paint, and that interior dust samples were collected in compliance with EPA regulations, including 40 CFR 745.227 and any amendments or successor regulations, were tested and that the same were found not to contain lead-contaminated dust as defined in this chapter. Additional statements or test results are not required. Any corrective action taken to qualify the property for such certification shall be performed in compliance with applicable laws, including EPA regulations.

Upon entering into such a lease agreement, the owner shall: 1) provide a copy of the signed lead safe certification to the City Code Compliance and Inspection Office, or other authorized City personnel; and 2) provide to the tenant, in addition to any written notifications required by applicable laws, a written notification advising the tenant to perform a visual inspection of all painted surfaces periodically during the term of the lease, and advising that the tenant may inform the owner of any cracked, flaking, chipping, peeling, or otherwise deteriorated paint surfaces. Upon receipt of any such tenant notification the owner shall promptly inspect and correct any deteriorated paint conditions as required by Section PM-305.3 of the 2006 International Property Maintenance Code and in compliance with other applicable laws, including EPA regulations.

With respect to a City inspection for lead safety at any dwelling or dwelling unit rented by an owner for which an owner has not provided the tenant the certification required in this section, the owner shall be liable to the City for the costs of such inspection, including time, materials, lab costs and material handling costs.

If a property was built before 1978, the owner and/or tenant of any proposed child day-care, child-occupied facility, or day-care center is required to submit a written risk assessment report to the City Health Officer or other designated individual including the results of testing and an environmental investigation stating whether there exists a health hazard under this chapter prior to receiving a license/approval to operate said facility by the City of Lancaster. This testing and environmental investigation shall be in accordance with § 182-5.

When it is determined that there exists a lead source health hazard through the risk assessment, the owner/tenant/day-care operator must select a licensed lead abatement company that is registered with the Pennsylvania Department of Labor and Industry as a registered lead abatement company. The owner shall bear the cost of the company and abatement work, and shall submit a copy of the risk assessment, lead abatement company's information including insurance, and subsequent lead safe certification prior to the City issuing a certificate of compliance or certificate of occupancy.

All abatement performed pursuant to this section shall follow the norms set forth in the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" issued by the U.S. Department of Housing and Urban Development, June 1995, based on Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and shall follow the following procedures:

Disapproved methods of abatement.

No owner, landlord, agent or person found to be in violation of this part may evict, or cause to be evicted from any apartment or building, occupants or occupants whose children six years of age and under have demonstrated evidence of elevated blood lead levels for the purpose of avoiding corrective maintenance which may have been ordered by the City or a court of law.

In the event the dwelling or dwelling unit or premises in which a lead hazard is found is vacated by the occupant voluntarily, who occupied it at the time of the issuance of a corrective notice, such dwelling, dwelling unit or premises shall not be let or occupied by any other person until corrective measures have been taken to bring it into compliance using a licensed lead abatement contractor as approved by the City.

Temporary relocation.

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 and collecting such costs by lien or otherwise as may be authorized by law. The City retains the right to enforce these remedies irrespective of any other ordinance or code enforcement efforts.

Any bill or any repairs or corrections to the property pursuant to this chapter shall be paid by the property owner in accordance with Chapter 36, Municipal Claims. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims, including attorney's fees.

The City, through its agents or employees, is authorized to make inspections upon display of proper identification to determine compliance with this chapter.

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.

If a lead source health hazard is known to exist at a dwelling, then upon the sale of said property, the owner shall notify or disclose to the potential buyer/purchaser of the unsafe existing lead condition, provide a copy of the risk assessment and provide a copy of the sales disclosure statement indicating that lead source health hazards do exist in the dwelling. A copy of the sales disclosure statement must also be provided to the City.

When a dwelling is found to have lead source health hazards, and remediation was begun by the owner, but had not been completed by the owner prior to the sale of a dwelling, the owner of record must provide the new owner with the risk assessment and provide a copy of the sales disclosure statement to the City.

If the dwelling is an investment property, and a child with an elevated blood lead level has been identified in a dwelling unit in the investment property prior to the sale, the new owner will be required to complete the remediation and submit to the City a clearance examination and a lead safe certification by a Lead-Based Paint Risk Assessor that the dwelling unit is lead (paint) safe or lead (paint) free.

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.

Filing of appeal. Any appeal filed shall be filed within 10 days of the date of the notice of violation or letter regarding a lead-based paint violation or notice. 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.

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.

In addition to any other sanction or remedial procedure, any owner or occupant or other person who violates any provision of this chapter, upon conviction thereof, shall be fined not less than $300 and not more than $1,000, plus costs and/or other charges assessed hereunder, such as but not including tenant relocation costs, be confined in jail not exceeding 30 days, or both, unless otherwise stipulated within this chapter. Each day's continuance of a violation shall constitute a separate offense.

When a dwelling, or a dwelling unit within a dwelling, has been cited two or more times for the same continuing noncompliance by the City of Lancaster of §§ 182-9 and 182-10, the dwelling, or dwelling unit within the dwelling, may be condemned by the City of Lancaster then requiring compliance with § 182-8.