Sec. 20-43. - Cover of surface in lieu of removing paint or substance.
Sec. 20-44. - Landlord or owner not to evict occupants to avoid order under article.
Sec. 20-45. - Reports of lead poisoning by health officials, physicians, etc.
Sec. 20-46. - Additional violation.
Secs. 20-47—20-49. - Reserved.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Child care facility. Means a structure or portion thereof in which children under six (6) years of age are present on a regular basis, including any structure used primarily as a residence, school, nursery, day care center, clinic, treatment center or other facility catering to the needs of children including any outbuildings, fencing or other structure used in conjunction therewith.
Director. The term "director" shall mean the director of the Peninsula Health District or his authorized representative.
Immediate lead-based paint or substance hazard. An immediate lead-based paint or substance hazard exists when the lead-based paint or substance hazard is reachable and chewable or contains damaged (cracking, chipping, loose, chewed) paint.
Lead poisoning. Means a blood level at an elevation hazardous to health as established by the health director.
Lead-based paint or substance. The term "lead-based paint or substance" shall include, but shall not be limited to, any pigmented liquid substance applied to surfaces by brush, roller or spray; lead-bearing putty, ceramics, plumbing sealers; and any other substances that contains 1.0 mg/cm2 or more of lead as measured by the X-ray fluorescence analyzer, or contains more than 0.5 percent lead by weight by wet chemical analysis.
Lead-based paint or substance hazard. A lead-based paint or substance hazard exists when the X-ray fluorescence analyzer (XRF) or wet chemical analysis reading is positive as defined in this article.
Owner. The holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. The term "owner" shall also mean any person who, alone or jointly or severally with others:
(1)
Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(2)
Shall have charge, care or control of any dwelling or dwelling unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, lessee, or any other person, firm or corporation having control of a building, or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article to the same extent as if he were the owner in fee simple.
State Code. Code of Virginia, 1950, as amended.
X-ray fluorescent analyzer. A portable X-ray device used in identifying lead-based paint hazards which can measure content in painted surfaces within ±0.2 mg/cm2.
(Ord. No. 5366-99)
It shall be unlawful for any person to use or apply, or cause to be used or applied, paint or any other substance when it contains 1.0 mg/cm2 or more of lead as measured by the X-ray fluorescence analyzer, or when it contains more than 0.5 percent lead by weight in the total nonvolatile content of liquid paint or in the dried film of paint already applied as determined by wet chemical analysis, to exterior or interior surface or dwellings, dwelling units or child care facilities, and their appurtenant outbuildings, fences and yard soil.
(Ord. No. 5366-99)
(a) It shall be unlawful if, upon inspection by the director or his authorized representative, it is found by measurement using the X-ray fluorescence analyzer or by wet chemical analysis, that a lead-based paint or substance is present on any dwelling, dwelling unit, or child care center, or upon any outbuildings, or fence's appurtenant thereto or in the yard soil of the premises, such that it is in excess of the limits prescribed in section 20-41 and creates a health hazard, or where a referral is received from a state or county health official or from a hospital or other health agency, indicating that person who resides in or makes use of such premises has an elevated blood lead level, and it is found that a lead-based paint or substance is present and is creating a health hazard.
(b) The director, or his duly authorized representatives, shall issue a written notice of the violation of this section to the owner, which notice shall include an order to eliminate the immediate hazards within ten (10) days after receipt of such notice, and all hazards within thirty (30) days after receipt of such notice. Additional time may be granted to remove, abate or remedy such hazard, at the discretion of the director, but in no event shall the time limited be granted to extend beyond one hundred twenty (120) days.
(c)
The lead-based paint or substance hazards specified in the notice provided for above shall be completely removed to the base surface; the methods used for such removal shall not present a hazard to health from fumes, dust or vapors, by inhalation or absorption through the skin or mucous membranes, and shall be in accordance with all applicable laws, ordinances, regulations and safety standards and practices of the city and of applicable state and federal agencies.
(Ord. No. 5366-99)
Sec. 20-43. - Cover of surface in lieu of removing paint or substance.
In lieu of removal of lead-based paint or substances pursuant to section 20-42, the accessible surface may be covered with a durable material approved by the director such as, but not limited to, plaster or approved interior paneling. The repainting of a surface with a nonlead-based paint shall not be deemed to be satisfactory compliance with this section.
(Ord. No. 5366-99)
Sec. 20-44. - Landlord or owner not to evict occupants to avoid order under article.
It shall be unlawful for any owner or landlord found to be in violation of section 20-41 or section 20-42 to evict, or cause to be evicted, the occupants of a dwelling unit for the purpose of avoiding an order under this article to remove or adequately cover any lead-based painted surface or substance.
(Ord. No. 5366-99)
Sec. 20-45. - Reports of lead poisoning by health officials, physicians, etc.
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 director of such fact. Such notification shall include the name and age of the individual, name of parents, if a minor, or employer, if an adult, and present address.
(Ord. No. 5366-99)
Sec. 20-46. - Additional violation.
Any owner or any other person, firm or corporation violating any provision of this chapter relating to the removal of the covering of lead-based paint which poses a hazard to the health of pregnant women and children under the age of six (6) years who occupy the premises shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than two thousand five hundred dollars ($2,500.00). If the court convicts pursuant to this subjection and sets a time by which such hazard must be abated, each day the hazard remains unabated after the time set for the abatement has expired shall constitute a separate violation of this Code. Upon a reasonable showing to the court by a landlord as defined in § 55-248.4 of the State Code, that such landlord is financially unable to abate the lead-based paint hazard, the court shall order any rental agreement related to the affected premises terminated effective thirty (30) days from the entry of the court order. For the purposes of the preceding sentence, termination of the rental agreement shall not be deemed noncompliance by the landlord pursuant to § 55-248.21 of the State Code.
(Ord. No. 5366-99)