Chapter 11.28 LEAD HAZARDS

11.28.010 Definitions.

11.28.020 Health hazard to children--Order to remove authorized when.

11.28.030 Lead-bearing substances prohibited where.

11.28.040 Failure to comply with order to remove prohibited.

11.28.050 Lead-based paint--Sale and use prohibited when.

11.28.060 Elevated blood-lead level--Report requirements.

11.28.010 Definitions.

A. “Child,” for the purpose of Division 1 of this title as it relates to lead hazards, means any person who is under seven years of age.
B. “Child care facility” means any structure or portion thereof used as a residence, school, nursery, day care center, clinic, treatment center or other facility catering to the needs of children, including any outbuilding, fencing or other structure used in conjunction therewith.
C. “Dangerous levels of lead-bearing substances” means any paint, varnish, lacquer, putty, plaster, or similar coating or structural material which contains lead or its compounds in excess of seven-tenths (.7) of one milligram per square centimeter, when measured by a lead-detecting instrument approved by the director; or any substance, when measured by any scientifically accepted method, in a quantity determined by the director to constitute a hazard to children; or that level as determined in the most recent standards as established by the United States Department of Health, Education and Welfare, Public Health Service, Center for Disease Control.
D. “Elevated blood-lead level” means a confirmed blood-lead level of 30 micrograms per deciliter or greater, or that level as determined in the most recent standards as established by the United States Department of Health, Education and Welfare, Public Health Service, Center for Disease Control.
E. “Lead hazard to children” means the presence of readily accessible, dangerous levels of lead-bearing substances on any toy, furniture, food utensil, household product, or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, or any premises inhabited or frequented by children.
F. “Readily accessible lead-bearing substance” means any dangerous levels of lead-bearing substances, as defined in subsection C of this section which, in the judgment of the director, is in a peeling, flaking or chipped condition, or located on or in a substance or surface from which it may be chewed, ingested or inhaled by children. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 §§ 1200--1204 and 1210, 1959.)

11.28.020 Health hazard to children--Order to remove authorized when.

Where the director determines that the presence of a lead-bearing substance upon any premises creates a health hazard to children, he shall issue an order to the property owner, or his agent or occupant, to eliminate the hazard. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1205, 1959.)

11.28.030 Lead-bearing substances prohibited where.

No person shall permit readily accessible, dangerous levels of leadbearing substances, as defined in subsections C and F of Section 11.28.010, to remain on any toy, furniture, food utensil, household product, or the exterior or interior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, or on any premises inhabited or frequented by children. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1206, 1959.)

11.28.040 Failure to comply with order to remove prohibited.

No person shall refuse or neglect to remove or reduce the hazard of readily accessible, dangerous levels of leadbearing substances, as defined in subsections C and F of Section 11.28.010, as ordered or directed by the director. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1207, 1959.)

11.28.050 Lead-based paint--Sale and use prohibited when.

No person shall sell, offer for sale, display for sale, hold for sale, give away, apply or cause to be applied any paint in excess of 0.06 percent lead by weight for use on interior or exterior surfaces, fixtures or appurtenances of any dwelling, dwelling unit, institution, hotel guest room, recreational facilities or equipment, furniture, cooking, eating or drinking utensils, or other household items. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1208, 1959.)

11.28.060 Elevated blood-lead level--Report requirements.

A. Physicians and Other Medical Personnel. It shall be the duty of every physician, practitioner, dentist, coroner, every superintendent or manager of a dispensary, hospital, clinic or laboratory, to notify the director promptly upon determining an elevated blood-lead level of 30 micrograms per deciliter or greater in any child under seven years of age.
B. Notification. Each notification shall give the date and result of the test performed; name of laboratory and type of blood test performed; the name, age and address of the child from whom the specimen was obtained; and the name and address of the physician for whom such examination or test was performed. (Ord. 12158 § 1 (part), 1980: Ord. 7583 Part 3 Ch. 17 § 1209, 1959.)