Sec. 13-131. - Rules and regulations.

The commissioner of licenses and inspections is hereby authorized and empowered to make and adopt such rules and regulations as he may deem proper and necessary for the enforcement of this article for the better protection of the health of the city.

(Code 1968, § 34-84)

Sec. 13-132. - Warning statement on container—Required, exceptions.

(a)

No person shall possess, sell, hold for sale, offer for sale, give away or leave in any place in the city any paint containing more than one percent of lead, determined as metallic lead based on the total nonvolatile content of the paint, unless it bears the following warning statement:

WARNING — Contains Lead. Harmful if Eaten. Do not apply on any interior surfaces of a dwelling, or of a place used for the care of children, or on window sills, toys, cribs or other furniture.

(b)

This section does not apply to marine paints, roof cements and coatings, automotive finishes which are not sold at retail or to paints other than paints for toys, children's furniture or interior surfaces of a dwelling, or of a place used for the care of children which might be chewed by children, which are sold, for purposes other than resale, to the city, state or federal government, or to a manufacturer, an industrial plant, a public utility or metal structural contractor.

(c)

The words "caution" or "danger" may be substituted for the signal word "warning" and the words "harmful if swallowed" may be substituted for the words "harmful if eaten" in the warning statement set forth in this section.

(d)

Such warning statement shall be placed in a conspicuous place on the immediate container of such paint and shall be printed in letters which are legible and in conspicuous contrast with other printing appearing on the container.

(Code 1968, § 34-80; Ord. No. 92-053(sub 1), § 21(k), 7-2-92)

Sec. 13-133. - Same—Removal and refinishing of surfaces.

(a)

When, during the course of a rental inspection in accordance with section 34-35 of this Code or following the receipt of a complaint of a tenant or other person, the commissioner of the department of licenses and inspections, or his designee, shall find upon any rental property, paint containing lead in any form or compound on the interior surfaces, including but not limited to walls, ceilings, window sills, floors, doors or door frames, he shall order the removal, abatement encapsulation, or other similarly approved method of abatement of the paint under such safety conditions as he deems reasonable and the refinishing of such interior surfaces, including but not limited to walls, ceilings, window sills, floors, doors or door frames with a suitable finish which complies with section 13-134

(b)

Disclaimer of warranty of condition. Nothing contained in this section shall be construed as any manner of warranty or guarantee by the city or by its agent, the department of licenses and inspections, that any particular property at any particular time fully complies with the provisions of this section or of section 34-35 of this Code, and all rules and regulations adopted pursuant thereto, or that any failure to comply with this section or section 34-35 and the rules and regulations adopted pursuant thereto cited by the department of licenses and inspections is necessarily the only non-compliance existing in or upon a particular property at any particular time or that corrections of non-compliance with this section or section 34-35 and any rules and regulations adopted pursuant thereto, which have been cited by the department of licenses and inspection are necessarily full and complete corrections such that no other non-compliances with law exist in or upon any particular property at any particular time.

(Code 1968, § 34-82; Ord. No. 91-050, § 2, 8-1-91; Ord. No. 94-041, § 1, 7-14-94; Ord. No. 06-054(sub 1), § 2, 10-19-06)

Sec. 13-134. - Use prohibited in certain places.

No person shall use a paint containing lead in any form or compound on any interior surface of a dwelling or other place used for the care of children, including but not limited to, the interior walls, ceilings, window sills, floors, doors or door frames. As used in this section, the word "dwelling" shall be defined as stated in section 34-1.

(Code 1968, § 34-81)

Sec. 13-135. - Manufacture, sale, etc., of children's toys or furniture.

No person shall manufacture or sell or hold for sale children's toys made of lead or children's toys or children's furniture which are covered with a paint containing lead in any form or compound.

(Code 1968, § 34-83)