Title 11 HEALTH AND SAFETY
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.)
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