[HISTORY: Adopted by the Board of Selectmen of the Town of Brookfield 10-3-2006. Amendments noted where applicable.]
All portions of buildings used in whole or in part for residence, as well as any accessory structures on the premises thereof, shall be kept free of deteriorated paint, including but not limited to conditions such as cracking, chipping, blistering, flaking, or loose paint. Such deteriorated paint conditions shall be properly prepared, treated, and corrected in accordance with the standards of the Regulations of Connecticut State Agencies (RCSA) § 19a-111-1 et seq. (the Lead Poisoning Prevention and Control Regulations), when applicable, and otherwise in a safe manner such that any existing lead hazards will be eliminated and new lead hazards will not be created. Any paint that will be used to repaint such surfaces shall conform to the standards of the Lead-Based Paint Poisoning Prevention Act, Chapter 63 of the Social Security Act, the RCSA § 19a-111-1, and the RCSA § 21a-336-1.
The Director of Health may require the owner of a dwelling where lead-based paint may be present to engage the services of a State of Connecticut-licensed lead consultant contractor at the owner's expense. The licensed lead consultant contractor shall utilize a State of Connecticut-certified lead inspector or lead inspector/risk assessor to conduct paint testing, document paint conditions, and evaluate compliance with the requirements of the provisions of the Connecticut General Statutes (CGS) §§ 19a-111c and 47a-54f, and the RCSA § 19a-111-1 et seq. The owner shall provide a copy of the report that is generated by the lead consultant contractor to the Director of Health within a time frame that is specified by the Director of Health.
Inspection and testing. Whenever the Director of Health receives a report of lead poisoning or otherwise determines that a child under the age of six has an abnormal body burden of lead, the Director of Health may require the owner of the dwelling in which such child resides to engage the services of a State of Connecticut-licensed lead consultant contractor to inspect and test the paint, soil, water, and dust on the premises for toxic levels of lead at the owner's expense. The owner shall provide a copy of the lead inspection report that is generated by the lead consultant contractor to the Director of Health within a time frame that is specified by the Director of Health. The licensed lead consultant contractor shall utilize a State of Connecticut-certified lead inspector or lead inspector/risk assessor to conduct the lead inspection and testing.
Abatement and lead-hazard elimination. The Director of Health shall order the abatement or elimination of hazardous conditions if the lead content of paint, soil, water, and dust on such premises exceeds the permissible limits thereof as established and/or referenced in this subsection.
Paint: Abatement shall be required if the lead content and condition of paint on the premises do not conform to standards established in the RCSA § 19a-111-1 et seq.
Soil: Abatement shall be required by the Director of Health if the lead content of bare soil areas on the premises exceeds 400 mg/kg [400 parts per million (ppm)] or any applicable standard as may be established in the RCSA § 19a-111-1 et seq.
Dust: The Director of Health shall require the elimination of hazardous lead dust conditions. Hazardous lead dust conditions are lead dust levels greater than or equal to 40 micrograms per square foot (ug/ft2) on floors, 250 ug/ft2 on window sills, and/or 400 ug/ft2 on window wells, or any applicable standard as may be established in the RCSA § 19a-111-1 et seq. The Director of Health may determine that hazardous lead dust conditions exist on surfaces other than those listed above.
Water: The Director of Health shall require appropriate action to reduce the potential for lead exposure when the lead content of potable water exceeds 0.015 milligrams per liter [15 parts per billion (ppb)].
The Director of Health may require the owner of a dwelling to engage the services of a State of Connecticut-licensed lead abatement contractor, at the owner's expense, to ensure compliance with standards established in the RCSA § 19a-111-1 et seq. and to abate and eliminate lead hazards as described in § 166-3 above where, in the sole discretion of the Director of Health, the scope of work will exceed the capability of the owner and the owner's regular employees.
Any person, persons, or entities who are found in violation of any provision of this chapter, shall be subject to a fine of $100 per day or per occurrence.
Per various Connecticut statutes and regulations, local health departments are designated as responsible parties for the comprehensive public health oversight and management of lead-poisoned children. Additionally, local health departments must assume a proactive role in the development and implementation of measures that reduce the potential for lead exposure and promote the primary prevention of lead poisoning (i.e., prior to an individual becoming lead-poisoned). In the event that a child is lead-poisoned, the local health department must require that appropriate measures be instituted to prevent further lead exposure. This amendment will enable the Health Director at the Town of Brookfield to provide these services and fulfill these obligations in a more-effective manner.