[HISTORY: Adopted by the City Council of the City of Lancaster 7-13-2010 by Ord. No.
10-2010[1]; amended in its entirety 7-12-2016 by Ord. No. 8-2016. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Building construction and floodplain management — See Ch. 109.
Uniform construction codes — See Ch. 116.
Health standards — See Ch. 150.
Housing — See Ch. 169.
Property maintenance — See Ch. 223.
Rental property — See Ch. 238.
[1]
Editor's Note: This ordinance superseded former Ch. 182, Lead
Poisoning, adopted as Article 1183 of the Codified Ordinances, as
amended.
The purpose of this chapter is to protect and promote public
health, safety and welfare through the identification and elimination
of lead source hazards in the built environment.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- ABATE or ABATEMENT
- Any set of measures designed to permanently eliminate lead-based paint hazards in accordance with the standards established by the City, including the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead paint; replacement of lead-painted surfaces, or fixtures, and removal, or the covering of lead-contaminated soil and all prep, cleanup, disposal, and post-abatement clearance testing activities associated with such measures.
- APPROVED or APPROVAL
- Satisfactory compliance as determined by the Board of Health, an authorized Health Officer, Housing Inspector, Code Official or other approved or authorized representative or agent of the City of Lancaster.
- BLL
- Blood lead level.
- BOARD OF HEALTH
- The City of Lancaster Board of Health as defined in and established by the Code of the City of Lancaster addresses conditions that may be detrimental to public health and promotes health practices that enhance the community. The City Board of Health members are appointed by City Council.
- CERTIFIED LEAD SAFE RENOVATOR
- An individual who has 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.[Amended 11-14-2017 by Ord. No. 14-2017]
- CHILD
- Any individual six years of age and under.[Amended 11-14-2017 by Ord. No. 14-2017]
- CHILD DAY-CARE FACILITY (ALSO KNOWN AS "CHILD CARE FACILITIES")
- Any dwelling unit where child day-care services are provided for less than 24 hours for four to 12 children as approved by the City and licensed by the State Department of Public Welfare.
- CHILD-OCCUPIED FACILITY (EPA)
- A building or portion of a building constructed prior to
1978, visited regularly by the same child, six years of age and under,
on at least two different days within any week (Sunday through Saturday
period), provided that each day's visit lasts at least three
hours and the combined weekly visits last at least six hours, and
the combined annual visits last at least 60 hours. For commercial
facilities, the child-occupied facility only encompasses those areas
that are routinely used by children six years of age and under. Areas
that children six years of age and under only pass through, such as
hallways, stairways or garages, are not included.[Amended 11-14-2017 by Ord. No. 14-2017]
- CITY OF LANCASTER or CITY
- The City of Lancaster Pennsylvania, City Board of Health, City Health Officer, Bureau of Code Compliance and Inspections or a successor bureau or agency or any authorized representative or agent of the City of Lancaster.
- CLEARANCE EXAMINATION
- An activity conducted and documented by a certified and licensed Lead 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.
- COMPONENT
- A building element which uses products that are manufactured
as independent units capable of being joined with other elements.[Added 11-14-2017 by Ord. No. 14-2017]
- CONDEMNED PROPERTY
- Any property or structure that has been found to be unsafe or dangerous to the life, health or safety of the public or the occupants and deemed to be unfit for habitation and condemned by an authorized employee of the City of Lancaster under City ordinances. Exception: Utility shutoffs and "clean and sanitize" Property Maintenance Code violations or where appliances need to be replaced with no renovations required to any interior surface.
- DAY-CARE CENTER (ALSO KNOWN AS "CHILD-CARE CENTER")
- A building or area within a building licensed by the Commonwealth
of Pennsylvania where child care is provided, which includes the care
of those individuals six years of age and under, for a fee, for seven
or more children and the space where child care is provided is not
part of a dwelling, as approved by the City.[Amended 11-14-2017 by Ord. No. 14-2017]
- DWELLING
- A two-family, multifamily, single-family attached, single-family detached or single-family semidetached dwelling as defined in the City's Zoning Ordinance composed of a building designed for use as a residence.
- DWELLING UNIT
- Two or more habitable rooms designed for or occupied by not more than one family or nonfamily unit (as defined in the City's Zoning Ordinance)[1] as a single housekeeping unit, whether occupied or unoccupied.
- EBLL (ELEVATED BLOOD LEAD LEVEL)
- A blood lead level (BLL) 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.
- ENCAPSULATION
- Any covering or coating that acts as a barrier between lead-based paint and the environment, the durability of which relies on adhesion and the integrity of the existing bonds between multiple layers of paint and between the paint and the substrate. Encapsulation may be used as a method of abatement if it is designed and performed so as to be permanent (see definition of "permanent").
- ENCLOSURE
- Rigid durable construction materials that are mechanically fastened to the substrate to act as a barrier between the lead-based paint and the environment. Enclosure may be used as a method of abatement if it is designed and performed so as to be permanent (see definition of "permanent").
- EPA
- United States Environmental Protection Agency.
- EXPOSED SURFACE
- All interior surfaces of a dwelling and those exterior surfaces
of a dwelling which are readily accessible to children six years of
age and under, such as stairs, decks, porches, railings, windows,
doors and siding. Any yard or other 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 other source of lead, is also considered an exposed
surface.[Amended 11-14-2017 by Ord. No. 14-2017]
- FRICTION SURFACES
- An interior or exterior surface that is subject to abrasion or friction. The term includes window, door, floor and stair surfaces.
- INTERIM CONTROLS
- A set of measures designed to reduce temporary exposure or likely exposure to lead-based paint hazards. Interim controls include, but are not limited to, repairs, painting, temporary containment, specialized cleaning, clearance, ongoing lead-based paint maintenance activities, and the establishment and operation of management and resident education programs.
- INVESTMENT PROPERTY
- A dwelling with one or more dwelling units that are being
leased to tenants.[Added 11-14-2017 by Ord. No. 14-2017]
- LEAD-CONTAMINATED DUST
- Surface dust that contains a mass per area concentration
of lead equal to or exceeding 40 micrograms per square foot on floors,
250 micrograms per square foot on interior windowsills, or 400 micrograms
per square foot on window wells based on a wipe sample, or such other
lesser level of lead used in EPA regulations to define a "dust-lead
hazard" under 40 CFR 745.65.[Added 11-14-2017 by Ord. No. 14-2017]
- LEAD-CONTAMINATED SOIL
- Soil that contains lead in excess of 400 ppm or such other
lesser level of lead either: a) used to define a "soil-lead hazard"
in a play area under 40 CFR 745.65; or b) determined by the Lancaster
City Board of Health by regulation to be dangerous.[Added 11-14-2017 by Ord. No. 14-2017]
- LEAD (PAINT) FREE
- A building or dwelling found to be free of any lead-based paint or dust by a certified and licensed Lead Risk Assessor, following established guidelines set forth by the Environmental Protection Agency and U.S. Housing and Urban Development.
- LEAD (PAINT) SAFE
- A building or dwelling identified through testing by a Lead-Based
Paint Risk Assessor as having lead-based paint surfaces that are intact
and free from deterioration. As noted in the clearance examination
by the Lead-Based Paint Risk Assessor, ongoing lead safe maintenance
is necessary to maintain the property as lead paint safe.[Amended 11-14-2017 by Ord. No. 14-2017]
- LEAD SAFE CERTIFICATION
- A form provided by the City of Lancaster certifying that
a visual inspection and dust wipe samples have been taken from a dwelling
or dwelling unit and states 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 lead standards.[Added 11-14-2017 by Ord. No. 14-2017]
- LEAD SOURCE HEALTH HAZARD
- 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-BASED PAINT RISK ASSESSOR
- 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.
- LEAD-BASED PAINT/COATINGS
- Paint, varnish, glaze or other applied liquid surface coatings that contain at least 1 milligram per centimeter square (mg/square cm) of lead (also measured as greater than 0.5% lead by weight or has 5,000 parts per million [ppm] lead by dry weight).
- LICENSED LEAD ABATEMENT COMPANY
- A person, firm, company or institution that has been certified
by the Environmental Protection Agency and licensed by the Commonwealth
of Pennsylvania to perform lead-based paint activities.[Amended 11-14-2017 by Ord. No. 14-2017]
- OWNER
- Any person, firm, corporation, guardian, nonprofit organization, partnership, government, conservator, receiver, trustee, executor or other judicial officer who, alone or jointly or severally with others, owns, holds or controls the whole or any part of the freehold or leasehold title to any property containing a dwelling unit, or commercial space to be occupied and used as a child-care center, with or without occupying actual possession thereof, and shall include, in addition to the holder of legal title, any vendee in possession thereof, but does not include a mortgagee or an owner of a reversionary interest under a ground rent lease.
- PERMANENT
- An expected design life of at least 20 years.
- A. Any recognized method of lead detection and analysis recognized by the Department of Housing and Urban Development and the Environmental Protection Agency which results in measurement of lead in milligrams in a square centimeter of a particular area, including, without limitation, an inspection with a radioisotope x-ray fluorescent analyzer (otherwise referred to as an "XRF machine") or otherwise known as a "paint inspection," or through lead paint dust wipes analyzed by an accredited laboratory using the standards set forth by HUD and EPA. The standards recognize three areas for sampling: floors, windowsills, and window wells or window troughs. The current standards are as follows:
- B. Areas that fail the clearance standards show lead levels in dust that are at or above these thresholds.
- REDUCTION/REMEDIATION
- The term "reduction" means measures designed to reduce or eliminate human exposure to lead-based paint hazards through approved methods, including interim controls and abatement.
- REMOVAL
- The stripping of paint from contaminated surfaces by approved method, or replacement and disposal of contaminated items.
- RENOVATION, REPAIR AND PAINTING RULE
- This EPA rule requires that firms performing renovation, repair and painting projects that disturb lead-based paint in homes, child-care facilities and preschools built before 1978 have their firm certified by the EPA (or an EPA-authorized state), use certified renovators who are trained by EPA-approved.[2]
- RESIDENTIAL CHILD-CARE CENTER (also referenced as child day-care center under the Uniform Construction Code of Pennsylvania and day-care home in the City Zoning Ordinance[3])
- A residential dwelling used for the care of children, including
those six years of age and under, as approved by the City and registered
with the Commonwealth of Pennsylvania if serving four to six children
or licensed by the Commonwealth of Pennsylvania if serving seven to
12 children.[Amended 11-14-2017 by Ord. No. 14-2017]
- RISK ASSESSMENT
- An on-site inspection conducted by a Lead Risk Assessor for the purpose of locating and identifying lead poison hazards that could affect humans, especially children. The term "risk assessment" means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards both on the interior and exterior of the structure, including:
- A. Information gathering regarding the age and history of the housing and occupancy by children six years of age and under;[Amended 11-14-2017 by Ord. No. 14-2017]
- B. Visual inspection;
- C. Limited wipe sampling or other environmental sampling techniques;
- D. Other activity as may be appropriate; and
- E. Provision of a report explaining the results of the investigation and options for reducing lead-based paint hazards.
- SURFACE
- The outermost layer or superficial area (excluding paint, plaster or putty) of the interior or exterior of a dwelling, including but not limited to the outermost layer or superficial area of walls, ceilings, floors, stairs, windows, windowsills, window frames, window sashes, doors, door frames, baseboards and woodwork.
- TARGETED HOUSING
- Any housing constructed before 1978, except: 1) housing for
the elderly or persons with disabilities, or any unit defined as an
efficiency unit in the City Zoning Ordinance[4]; 2) dwelling units developed by or for an education institution
for the exclusive residential use and occupancy by that institution's
students; 3) buildings containing dwelling units all of which are
leased only to students enrolled in a college or university degree
program; 4) dwelling units owned by the Lancaster City Housing Authority
or its subsidiaries; 5) dwelling units in which children aged six
and under do not reside during the lease term.[Added 11-14-2017 by Ord. No. 14-2017]
- A. The above exemption of any dwelling unit in (1), (2) and (3) for pre-1978 housing for the elderly or persons with disabilities, or educational institution housing does not apply to any dwelling unit where a child age six and under resides in, or is expected to reside in, such dwelling unit.
- B. Dwellings and dwelling units constructed after 1978 are exempt from the provisions of chapter.
- TENANT
- The individual named as the lessee in a lease, rental agreement or occupancy agreement for a dwelling unit or any structure with a child-care facility.
- WORKSITE
- An interior and exterior area where lead-based paint hazard reduction activity takes place. There may be more than one worksite in a dwelling unit or at a residential property.
No person shall use or apply or cause to be used or applied
lead-based paint to the interior or exterior surfaces of any dwelling,
dwelling unit, rooming house, rooming unit or facility or any structure
containing a child-care facility. Such interior surfaces include,
but are not limited to, windowsills, window frames, doors, door frames,
walls, ceilings, stair rails and spindles or other appurtenances.
[Amended 11-14-2017 by Ord. No. 14-2017]
Any source or amount of lead, including, without limitation,
lead-based paint, shall be considered a lead source health hazard
to children six years of age and under, to pregnant women or to other
persons who have demonstrated an elevated blood lead level as defined
by the Centers for Disease Control if:
A.
It exists inside or on the exterior of a dwelling in which the affected
person commonly resides or visits;
B.
It exists inside or on the exterior of a structure containing a child
day-care facility.
C.
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.
D.
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
E.
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.
A.
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.
B.
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.
C.
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.
A.
A risk assessment shall be conducted on any property that meets one
of the following conditions:
[Amended 11-14-2017 by Ord. No. 14-2017]
(1)
A child six years of age and under, pregnant woman, or other person
who has demonstrated evidence of an elevated blood lead level greater
than the current Center for Disease Control blood lead level of concern,
currently defined as five micrograms per deciliter of whole blood.
(2)
Any property that receives federal or state funding for the purpose
of lead remediation.
(3)
When two- or three-unit family dwelling units are created by subdividing
space within a building built before 1978 or when two or three existing
family dwelling units are combined into one or two units in a building
built before 1978.
(4)
A structure constructed prior to 1978 containing a child-care center
or child-care facility regardless of age of the occupants or any documented
exposure, prior to being granted approval to operate such day-care
center.
B.
Risk assessments shall take the following items into consideration
to determine the extent of the hazard:
C.
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.
D.
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.
E.
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.
[Amended 11-14-2017 by Ord. No. 14-2017]
A.
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.
[Amended 11-14-2017 by Ord. No. 14-2017]
B.
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.
(1)
The results of the investigation will indicate that there exists
or may exist in a dwelling in which the child or other affected individual
resides or visits that lead-based paint or other source of lead may
have contributed to the person's elevated blood lead level.
C.
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.
D.
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.
E.
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.
F.
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.
[Amended 11-14-2017 by Ord. No. 14-2017]
G.
Clearance examination and report.
(1)
Once the owner or authorized agent has completed the remediation
efforts, a clearance examination and report must be submitted to the
City within the forty-five-day schedule.
(2)
Failure to obtain and pass a clearance examination within 45 days
of approval of the contract is a violation of this chapter. Each day
that a violation continues is considered to be a separate offense.
[Amended 11-14-2017 by Ord. No. 14-2017]
A.
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.
B.
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.
C.
The owner shall bear the cost of obtaining the lead safe certification.
D.
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.
E.
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.
[Added 11-14-2017 by Ord.
No. 14-2017[1]]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
(1)
This risk assessment requirement includes any child-care facility
that has a child six years of age and under identified as having an
elevated blood lead level.
[Amended 11-14-2017 by Ord. No. 14-2017]
B.
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.
[Amended 11-14-2017 by Ord. No. 14-2017]
[1]
Editor's Note: Section 4 of Ord. No. 8-2016 stated that those child-care facilities or residential child-care centers in operation prior to the effective date of the ordinance shall be grandfathered with regard to required compliance with this § 182-9 unless a child cared for by said facility is shown to have an elevated blood lead level as defined by the U.S. Centers for Disease Control.
A.
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:
(1)
Paint removal: Lead-based paint shall be completely removed from
any surface that can be chewed or eaten by children. Any cracked,
chipped, blistered, or peeling lead-based paint shall be completely
removed to the base surface under such safety conditions as may be
approved by the City.
(2)
Enclosure: The capping over of such surfaces which contain lead at
the recognized level, with a permanently affixed covering, 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).
(3)
Encapsulation: Repainting of such surfaces that contain lead at the
recognized level with a non-lead-based paint with a manufacturer's
warranty of twenty-year rating. This method shall not be deemed to
be satisfactory for compliance with this part where evidence has been
obtained of children six years of age and under chewing the surface.
[Amended 11-14-2017 by Ord. No. 14-2017]
(4)
Replacement: Removing the building component that is painted with
lead paint and replacing it with a new lead-free component.
(5)
Elimination of friction surfaces.
(6)
Paint stabilization.
B.
Disapproved methods of abatement.
(1)
The methods used for the removal of lead-based 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 City, state and federal agencies.
(2)
Dry sanding, heat guns capable of producing temperatures in excess
of 1,100° F., the use of an open flame torch and chemical strippers
containing methylene chloride are prohibited as part of any abatement
techniques.
(3)
Uncontained power washing or water blasting is prohibited as part
of any abatement technique.
The City may, on a case-by-case basis, approve an alternative
procedure for abatement of a lead paint violation, provided that the
licensed lead abatement contractor submits a written description of
an alternative procedure to the City and demonstrates that compliance
with standard procedures are not practical or feasible in the individual
case and that the proposed alternative procedure provides the equivalent
control and removal.
A.
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.
[Amended 11-14-2017 by Ord. No. 14-2017]
B.
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.
C.
Temporary relocation.
(1)
When a Lead-Based Paint Risk Assessor approved by the City determines
that pregnant women and children six years of age and under are present
and cannot safely remain in the dwelling while the abatement or remediation
efforts are being undertaken, the property owner shall be responsible
for the following:
[Amended 11-14-2017 by Ord. No. 14-2017]
(a)
Families with pregnant women and children six years of age and
under shall not be permitted to remain in the dwelling unit while
remediation work by the approved contractor is in progress.
(b)
If the tenants noted herein are required to leave the dwelling
for more than 12 hours while treatments are performed, the property
owner must pay for reasonable expenses for overnight housing and meals
for the duration of the remediation process. Payment must be made
by the property owner immediately to a new landlord for the furnished
dwelling unit or directly to other entities who provide the family
with services to accommodate the displaced family members, to include
the following temporary relocation costs:
(c)
Reasonable meal expenses if the temporary housing does not have
food storage/refrigeration and cooking facilities.
(d)
Temporary relocation accommodations, if rental dwellings are
utilized, shall be known lead-safe properties. The owner is responsible
for providing the tenant and City with a valid copy of a certificate
or letter from an authorized Lead-Based Paint Risk Assessor indicating
that the unit they are to occupy on a temporary basis is lead safe.
[1]
The lead-safe certificate or certification letter shall not
be dated more than two years prior to the temporary relocation.
(2)
The property owner shall be cited for failure to provide temporary
relocation when required and shall be a violation of this chapter
subject to the fines and penalties set forth herein and restitution
of any relocation expenses incurred by the tenant. Each day that a
violation continues is considered to be a separate offense.
(3)
Temporary relocation is not to last for more than 30 days unless
agreed to by both the landlord and the tenant.
(4)
If furnishings and personal belongings were relocated to another
address as part of the remediation efforts, it shall be the landlord's
or property owner's responsibility to pay for moving them back
into the remediated unit, unless agreed to by both the landlord and
the tenant.
(5)
The landlord or property owner shall be responsible for relocation
expenses as noted above, including a refund of any security deposit
to the tenant, plus any fine amounts which accumulate through legal
action taken by the City for failure to correct an unsafe property
condition.
(6)
Tenant remedies.
[Added 11-14-2017 by Ord.
No. 14-2017]
(a)
For any tenant-occupied dwelling or dwelling unit built prior
to 1978 that has a child, age six and under living there as his/her
primary residence, and who has an elevated blood lead level exceeding
the current Center for Disease Control blood lead level of concern,
currently defined as five micrograms per deciliter of whole blood
or higher as determined by recent medical testing, a tenant:
[1]
Shall be entitled to abate rent payment(s) until such time that
the dwelling or dwelling unit has been certified as lead safe as determined
by this chapter. Once a dwelling or dwelling unit has been certified
as lead safe, the tenant will be responsible for paying the balance
of the rent for the month in which the property is found to be lead
safe, and all future rent. If the owner is otherwise in compliance
with this chapter as determined by the City of Lancaster, and there
is a delay in attaining the lead-safe certification caused by licensed
lead abatement company availability, the tenant shall be responsible
for resuming all other rent payments after the first month that rent
was abated.
[2]
Shall be entitled to terminate the lease by giving notice to
the owner or its designated responsible agent within 30 days of receiving
notice of a child's elevated blood level, and the tenant shall
be entitled to receive his/her security deposit refunded at the time
he/she vacates the property. The tenant must vacate the property no
later than one month following notification of the child's elevated
blood level test.
[3]
Tenants are required to cooperate with the owner, all City departments,
and all other contractors associated with the owner's actions
to obtain the lead safe certification. An owner may seek to collect
any rent that is abated by the tenant based on the tenant noncooperation.
Noncooperation shall include failure to be present for inspections
and repairs when notified, and without good cause and failure to permit
City inspectors and health officials into a unit for inspections.
(b)
Nothing in this subsection shall preclude the tenant from exercising
any other rights he/she may have under law.
(7)
Retaliatory eviction.
[Added 11-14-2017 by Ord.
No. 14-2017]
(a)
The owner of an affected property covered by this chapter may
not illegally evict or take any other retaliatory action against a
tenant as a result of the tenant providing information to the owner,
or the owner's responsible agent, or the City in accordance with
this chapter; i.e., complaining about hazardous lead paint conditions
or chipping, peeling, or flaking paint in a targeted property. Prohibited
retaliatory actions include:
[1]
Arbitrary refusal to renew a lease; termination of tenancy;
arbitrary rent increase, or decrease in service to which a tenant
is entitled; or any type of constructive eviction.
(b)
A tenant subjected to a retaliatory eviction or other prohibited
retaliatory action by a landlord is permitted relief and is entitled
to reasonable attorney's fees and costs, as allowed under Pennsylvania
law. This subsection does not affect the owner's or the tenant's
rights arising from a material breach of a lease.
A.
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.
B.
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.
A.
The City, through its agents or employees, is authorized to make
inspections upon display of proper identification to determine compliance
with this chapter.
B.
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.
[Amended 11-14-2017 by Ord. No. 14-2017]
A.
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.
B.
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.
C.
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.
The issuance of a statement by the City to an owner and/or occupant
that a violation notice has been abated does not subject the City
to any claims for liability if the issuance of the statement was made
in good faith.
[Amended 11-14-2017 by Ord. No. 14-2017]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
[Added 11-14-2017 by Ord.
No. 14-2017]
