For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
APPROVAL
Satisfactory compliance as determined by the Chief Health
Administrator.
CHILD-CARE FACILITY
Any structure or portion thereof used primarily as a residence,
school, nursery, day-care center, or other facility catering to the
needs of children, including any outbuilding, fencing or other structure
used in conjunction therewith.
CHILD/CHILDREN
Any natural person/persons who is/are under six years of
age.
ELEVATED LEAD LEVELS
Blood with a lead content of 30 micrograms or greater per
deciliter of whole blood, to be known as blood lead (BL), or blood
with a lead content of 50 micrograms or greater per deciliter of whole
blood, to be known as erythrocyte protoporphyrin (EP), or any combination
of both BL and EP.
EXTRACTABLE OR LEACHABLE LEAD
The quantity of lead in solution form as applied to food
containers, cooking, eating or drinking utensils or tableware; shall
not exceed 70 micrograms per milliliter.
FACILITY
Any building or structure and equipment therein.
LEAD PAINT
Any pigmented, liquid substance applied to surfaces by brush,
roller, spray or other means in which the total nonvolatile ingredients
contain more than 0.5% of lead by weight, calculated as lead metal
either as a liquid or as a dried film already applied.
PERSON
Any natural person, firm, company, copartnership, manufacturer,
contractor, association, governmental unit or agency.
PREMISES
A lot, plot or parcel of land including all facilities thereon.
SUBSTANCE
Includes but is not limited to lead-bearing putty, ceramics,
plumbing, sealers, paint and similar items.
SURFACES
Include but are not limited to such areas as window sills,
window frames, doors, door frames, walls, ceilings, porches, stairs,
handrails, toys, furniture, food utensils and other appurtenances
which in the ordinary course of use would be exposed to and chewable
by children.
When the Chief Health Administrator determines
that the presence of lead paint, or lead-bearing substance upon any
premises creates a health hazard to children or other persons, he
shall issue a ten-day notice to the owner or occupant to eliminate
the hazard; however, at the discretion of the Chief Health Administrator,
additional time may be granted to remove, abate or remedy such condition.
Lead paint shall be completely removed from any surface which can
be chewed or eaten by children; loose, cracked, chipped, blistered,
peeling lead paint or other accessible lead-bearing substances shall
be completely removed. In lieu of removal of the lead paint, the accessible
surfaces shall be covered with an approved, durable, protective material.
The methods used for the removal of lead 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 and safety standards
and practices of the City of Easton and state and federal agencies.
The entire cost of abatement actions taken or caused to be taken by the City of Easton pursuant to §
337-4B shall be recoverable from each of the persons responsible for correcting violations by bringing an action in a court of competent jurisdiction. In addition, the entire cost of the abatement actions shall be a lien on the affected real property. The cost shall be reported to the Board of Health, which shall assess the cost against the property affected. The lien shall be enforced in the manner prescribed by law.
Every public health official, physician or director
of a laboratory, hospital or other treatment facility who diagnoses
or suspects the existence of lead poisoning in any person shall immediately
notify, in writing, the Chief Health Administrator of such fact. Notification
shall include the name and age of the individual, name of parents,
or employer if person is an adult, and present address.
In addition to any other sanction or remedial
procedure, any owner, landlord, occupant or other person who violates
any provision of this chapter, upon conviction thereof, shall be fined
not less than $50 nor more than $300 or be imprisoned not exceeding
90 days or both. Each day's continuance of a violation shall constitute
a separate offense.