[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.
A.
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.
B.
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.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
