TITLE V:
PUBLIC ORDER, SAFETY, AND HEALTH
CHAPTER 3
LEAD ORDINANCE
5-3-1 Purpose
5-3-2 Definition
5-3-3 Scope and Applicability
5-3-4 Use or Sale of Lead-Based Paint
5-3-5 Disposal of Lead-Based Paint
5-3-6 EBL Inspections
5-3-7 Refusal of Admittance
5-3-8 Hazard Reduction
5-3-9 Retaliatory Actions
5-3-10 Hearings
5-3-11 Jurisdiction
5-3-12 Enforcement
5-3-13 Injunction
5-3-14 Penalty
5-3-15 Separability of Provisions
5-3-16 Variances
5-3-1 Purpose. The purpose of this chapter is to
control lead hazards in residential dwellings and child-occupied facilities,
including establishing standards for inspections and providing penalties for
violation of the provisions hereof.
5-3-2 DefinitionS. The following words shall have the
following meaning for the purpose of this regulation:
1. Certified
elevated blood lead (EBL) inspector/risk assessor means a person who has
met the requirements of the Iowa Administrative Code 641-70.5(135) for
certification or interim certification and who has been certified by the Iowa
Department of Public Health.
2. Chewable Surface
means an interior or exterior surface (such as a windowsill) painted with
lead-based paint that a young child can mouth or chew.
3. Child-occupied
facility means a building, or portion of a building, constructed prior to
1978, visited by the same child under the age of six years on at least two
different days within any week (Sunday through Saturday period, provided that
each days visit lasts at least three hours and the combined weekly visits
last at least six hours). Child
occupied facilities may include, but are not llimited to, day-care centers,
pre-schools, and kindergarten classrooms.
4. Clearances
Testing means an activity conducted following interim controls, lead
abatement, paint stabilization, standard treatments, ongoing lead-based paint
maintenance, or rehabilitation to determine that the hazard reduction
activities are complete. Clearance
testing includes a visual assessment, the collection and analysis of
environmental samples, the interpretation of sampling results, and the
preparation of a report.
5. Deteriorated
paint means any interior or exterior paint or other coating that is
cracking, flaking, chipping, peeling, or chalking, or any paint or coating
located on an interior or exterior surface that is otherwise damaged or
separated from the substrate of a building component..
6. Dripline means
the area within three feet surrounding the perimeter of a building.
7. Dust-lead hazard
means surface dust in residential dwellings or child-occupied facilities
that contains a mass-per-area concentration of lead greater than or equal to
40 micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present in a residential
dwelling or child-occupied facility when the weighted arithmetic mean lead
loading for all single-surface or composite samples of floors and interior
windowsills is greater than or equal to 40 micrograms per square foot on
floors, 250 micrograms per square foot on interior windowsills and 400
micrograms per square foot on window troughs based on wipe samples. A dust-lead hazard is present on floors,
interior windowsills, or window troughs in an unsampled common area in a
multi-family dwelling if a dust-lead hazard is present on floors, interior
windowsills, or common area group on the property. If dust samples are not taken, it may be assumed that surfaces
in rooms with hazardous lead-based paint or where renovation, remodeling, or
repainting has occurred recently are dust-lead hazards.
8. Elevated blood
lead (EBL) child means any child who has had one various blood lead level
greater than or equal to 20 micrograms per deciliter or at least two venous
blood lead levels of 15 to 19 micrograms per deciliter.
9. Elevated blood
lead (EBL) inspection means an inspection to determine the sources of lead
exposure for an elevated blood lead (EBL) child and the provisions within ten
working days of a written report explaining the results of the investigation
to the property owner and occupant of the residential dwelling or
child-occupied facility being inspected and to the parents of the elevated
blood lead (EBL) child. A certified
elevated blood lead (EBL) inspector/risk assessor shall not determine that a
residential dwelling is free of lead-based paint as a result of an elevated
blood lead (EBL) inspection.
10. Friction surface
means an interior or exterior surface that is subject to abrasion or
friction including, but not llimited to, certain window, floor, and stair
surfaces..
11. Hazardous
lead-based paint means lead-based paint that is present on a friction
surface where there is evidence of abrasion or where the dust-lead level on
the nearest horizontal surface underneath the friction surface (e.g., the
windowsill or floor) is equal to or greater than the dust-lead hazard level,
lead-based paint that is present on a chewable surface, or any other
deteriorated lead-based paint in any residential building or child-occupied
facility or on the exterior of a residential building or child-occupied
facility.
12. Impact surface
means an interor or exterior surface that is subject to damage by repeated
sudden force such as certain parts of doorframes.
13. Lead-based paint
means any paint or other surface coatings that contain lead equal to or in
excess of 1.0 milligram of lead per square centimeter or more than 0.5
percent by weight. Lead-based paint
is present on any surface that is tested and found to contain lead equal to
or in excess of 1.0 milligram per square centimeter or more than 0.5 percent
by weight and on any surface like a surface tested in the same room
equivalent that has a similar painting history and that is found to be
lead-based paint.
14. Lead-based paint
hazard means hazardous lead-based paint, a dust-lead hazard, or a soil-lead
hazard.
15. Local board
means the local Board of Health as authorized by Iowa Code, Chapter 137.
16. Mid-yard means
an area of a residential yard approximately midway between the dripline of a
residential building and the nearest property boundary or between the
driplines of a residential building and another building on the same
property.
17. Occupant means
any person living, sleeping, cooking or eating in, or having any actual
possession of, a dwelling or dwelling unit.
18. Owner - means any person who, alone or jointly
with others: (1) has legal title to any dwelling, with or without
accompanying actual possession thereof, or (2) has charge, care or control of
any dwelling by acting as the agent of the owner or as the executor,
administrator, trustee, or guardian of the estate of the owner.
19. Paint-lead
hazard means the presence of hazardous lead-based paint in a residential
dwelling or a child-occupied facility.
20. Play area means
an area of frequent soil contact by children of less than six years of age as
indicated by, but not limited to, factors including the following; the
presence of play equipment (sandboxes, swing sets, and sliding boards), toys,
or other childrens possessions; observations of play patterns; or
information provided by parents, resident, caregivers, or property owners.
21. Residential
building means a building containing one or more residential dwellings.
22. Residential
dwelling means (1) a detached single-family dwelling unit, including the
surrounding yard, attached structures such as porches and stoops, and
detached building and structures including, but not limited to, garages, farm
buildings, and fences; or (2) a single-family dwelling unit in a structure
that contains more than one separate residential dwelling unit, which is used
or occupied, or intended to be used or occupied, in whole or part, as the
home or residence of one or more persons.
23. Retaliation
means harassment, termination of the tenancy, discontinuation of utilities or
other services, and any other action taken against the lessee.
24. Soil-lead hazard
means bare soil on residential real property or on the property of a
child-occupied facility that contains total lead greater than or equal to 400
parts per million for the drip-line, mid-yard, and play areas. A soil-lead hazard is present in a
dripline, midyard, or play area when the soil-lead concentration from a
composite sample of bare soil is greater than or equal to 400 parts per
million. If soil samples are not
taken, it may be assumed that bare soil within three feet of the foundation
of a garage or other structure built prior to 1978 is a soil-lead hazard.
5-3-3 SCOPE
AND APPLICABILITy. This chapter
shall affect only those dwellings or dwelling units or child-occupied
facilities in which an EBL child lives, visits, or has recently lived. All owners shall comply with the
provisions of this Chapter and of the rules, resolutions, and order adopted
pursuant to this Chapter.
5-3-4 USE
OR SALE OF LEAD BASED PAINT.
No person shall possess, sell, expose for sale, deliver, or give away
any lead-based paint intended for painting or covering any surface on the
interior or exterior of a residential dwelling
5-3-5
dISPOSAL OF
LEAD-BASED PAINT.
A.
Lead-based paint shall be disposed of in
accordance with local, state, and federal regulations for disposing of
hazardous waste.
B.
All repair, renovation, ore remodeling
waste which contains lead-based paint shall be disposed of according to local
waste disposal regulations. No person
shall re-use or recycle such waste for residential purposes.
5-3-6
EBL INSPECTIONS.
A.
The Lee County Board of Health or Health
officer shall appoint a certified elevated blood lead (EBL) inspector/risk
assessor to conduct EBL inspections in residential dwellings and
child-occupied facilities where an EBL child lives, visits, or has recently
lived. All owners and occupants shall
allow access to the residential dwellings and child-occupied facilities that
the EBL inspector/risk assessor desires to inspect.
B.
When a lead hazard is found in a dwelling
or dwelling unit inspected pursuant to this section or otherwise, the Health
Officer shall recommend to have examined all children under six (6) years of
age, such other children he/she may find advisable to examine, or other
persons, residing or who have recently
resided, or frequently visit in said dwelling or dwelling unit, for
undue lead exposure. The results of
such examination shall be reported to the Health Officer shall inform such
other persons or agencies as he/she deems advisable.
5-3-7 REFUSAL
OF ADMITTANCE. If the
certified EBL inspector/risk assessor appointed by the local Board of Health
Officer is refused entry to a property, then the certified EBL inspector/risk
assessor may make a complaint under oath to any magistrate of the
county. The magistrate may issue a
warrant directing the owner or occupant to allow the certified EBL
inspector/risk assessor to conduct an EBL inspection and directing a peace
officer to accompany the certified EBL inspector/risk assessor during the EBL
inspection/risk assessment.
5-3-8
HAZARD REDUCTION
A.
When the certified EBL inspector/risk
assessor appointed by the local board or Health Officer determines that a
hazardous lead-based paint, a dust-lead hazard, or a soil-lead hazard is
present in a residential dwelling unit or child-occupied facility where an
EBL inspector/risk assessor shall issue a written notice to the owner within
two (2) weeks of the inspection and receipt of any laboratory results. The written notice shall require the owner
to complete lead hazard reduction in a time period determined by the certified
EBL inspector/risk assessor. If the occupant
who occupies the residential dwelling at the time that this written notice is
issued vacates the residential dwelling, the residential dwelling shall not
be leased or occupied by any other person until the certified EBL
inspector/risk assessor issues a written notice that the lead hazard
reduction has been completed.
However, at the discretion of the Health Officer, additional time may
be granted to eliminate said hazard.
B.
The owner of any residential dwelling or
child-occupied facility which has been determined to contain hazardous
lead-based paint, a soil-lead hazard, or a dust-lead hazard shall correct
these lead hazards within the time period allowed by the certified EBL
inspector/risk assessor in the written notice. Failure to correct the lead hazard(s) within the allotted time
period shall result in the appropriate legal action against the owner for
noncompliance, pursuant to Section 15.
The following methods shall be used for lead hazard reduction. These methods shall not require the services
of a lead abatement contractor certified in accordance with Iowa
Administrative Code 641-70.5(135).
However, other local, state, or federal regulations may require the
use of a contractor who has completed an eight- hour lead-safe work practices
course or a lead abatement contractor or lead abatement worker certified in
accordance with Iowa Administrative Code 61-70.5(135).
1.
On a surface that contains hazardous
lead-based paint, but is not chewable and does not have evidence of impact or
friction, the lead-based paint hazard shall be reduced by removing all loose
and deteriorated paint from the surface, preparing the surface for
repainting, and repainting the surface with a lead-free coating.
2.
On a surface that contains hazardous
lead-based paint and is chewable or has evident of impact or friction, the
lead-based paint hazard shall be reduced by treating the surface one inch
back from the edge or corner through one of the following methods:
i.
All lead-based paint on the treatment area
shall be removed to the bare substrate.
The surface shall be prepared for repainting and repainted with a
lead-free coating.
ii.
The treatment area shall be covered with a
permanently affixed lead-free material such as plastic, wood, or vinyl. Carpet may be used on floors and stair
treads.
3.
Dust-lead hazards shall be reduced by
thoroughly cleaning the affected surface.
4.
Soil-lead hazards shall be reduced by
planting grass or groundcover, applying sod, or covering the affected area
with six inches of bark, gravel, or other material.
5.
Lead hazard reduction shall be conducted
using lead-safe work practices to protect the safety of the occupants and
workers. Occupants shall not enter
the work area while work is underway.
The following are prohibited methods of lead hazard reduction:
i.
Open-flame burning or torching of
lead-based paint.
ii.
Machine sanding or grinding or abrasive
blasting or sandblasting of lead-based paint unless used with high-efficiency
particulate air (HEPA) exhaust control that removes particles of 0.3 microns or
larger from the air at 99.97% or greater efficiency.
iii.
Uncontained water blasting of lead-based
paint.
iv.
Dry scraping or dry sanding of lead-based
paint except in conjunction with the use of a heat gun or around electrical
outlets.
v.
Operating a heat gun at a temperature
above 1100 degrees Fahrenheit.
C.
The certified EBL inspector/risk assessor
shall inspect all areas identified as hazards after lead hazard reduction is
complete. The certified EBL
inspector/risk assessor may conduct clearance testing pursuant to Iowa
Administrative Code 641-Chapter 70 to ensure that no dust-lead hazards exist
after the work is complete. Within
two weeks of verifying that all lead hazard reduction has been completed as
required, the certified EBL inspector/risk assessor shall issue a written
notice to the owner and occupant stating that the lead hazard reduction has
been completed and that the lead hazard reduction has been completed and that
the repaired surfaces must be maintained in good condition.
5-3-9 Retaliatory
Actions.
A.
The lessor of a dwelling, the employees of
the lessor, and agents or persons acting on behalf of the lessor shall not
retaliate against lessees of residential dwellings and child-occupied
facilities whose occupants or visitors have been tested for lead poisoning
and shall not discourage the occupants or visitors from being tested for lead
poisoning.
B.
An action taken against the lessee shall
not be considered retaliation if:
1.
It is supported by reasonable cause unrelated
to the testing of an occupant for lead poisoning, or
2. If it is shown to have occurred as a
result of an accident or mistake and not to be the intentional act of the
lessor of a dwelling, the employees of the lessor, or agents or persons acting
on behalf of the lessor.
5-3-10 Hearings. In the event any person is
aggrieved by any order of the certified EBL Inspector/risk assessor, the
person may appeal to the local board in writing within ten (10) days of the
date of such order. The appeal shall
state the reasons for requesting such order to be rescinded or modified. The local board shall review the action of
the certified EBL inspector/risk assessor.
The local board shall order compliance with said order or may, with
cause, modify or withdraw said order.
Any order of the local board may be appealed within ten days to the
District Court for the county in which the local board is located.
5-3-11 Jurisdiction. The provisions of this Ordinance
shall apply throughout Lee County, Iowa including cities and towns therein,
unless the cities and towns have adopted an equivalent lead ordinance.
5-3-12 Enforcement. The Certified EBL inspector/risk
assessor appointed by the local board or Health Officer shall have the duty
and responsibility of enforcing this Chapter.
5-3-13 Injunction. Nothing in this Chapter shall be
construed to prohibit the Lee County Health Department from pursuing
injunctive relief or other relief as allowed by law.
5-3-14 Penalty.
1. Violation of
this Chapter shall constitute a county infraction which shall be punishable
by a civil penalty in an amount not to exceed that allowed by Iowa Code
Section 331.307 (1), as now or hereafter amended. Alternatively, or in addition to, constitution of a county
infraction, a person found in violation of thee Chapter may be guilty of a
simple misdemeanor, and on conviction thereof be subject to such maximum
penalty as the law allows in Iowa Code Section 903.1, as now or hereafter
amended. Each day that a violation
occurs or is permitted to exist by the respondent/defendant constitutes a
separate offense.
2. Upon failure of
any person to correct a lead hazard identified through this Chapter in the
time specified by the certified EBL inspector/risk assessor appointed by the
local Board or Health Officer, the local Board may direct or cause the
correction of said hazards. All
expenses incurred thereby may be recovered by suit in the name of the County
Board of Health or the County Board of Health may certify the amount of said
expenses, together with a description of the property, to the County
Treasurer, who shall enter the same upon the tax books as costs for removing
a lead hazard of said amounts shall be collected as other taxes.
5-3-15 SEPARABILITY
OF PROVISIONS. If any section,
paragraph, clause, or provision of the Ordinance shall be held invalid, the
invalidity of such section, paragraph, clause, or provisions shall not effect
any of the remaining provisions of this Ordinance.
5-3-16 VARIANCES. The certified EBL inspector/risk assessor
may determine that a chewable surface that would otherwise be identified as a
hazard by the Chapter is not causing or does not have reasonable potential to
cause lead exposure and is not required to be corrected through lead hazard
reduction. The elevated blood lead
(EBL) inspector/risk assessor shall document the reason for this
determination is the inspection report.
However, the elevated blood lead (EBL) inspector/risk assessor shall
not, under any circumstances, determine that any other surface meeting the
definition of hazardous lead-based paint does not need to be corrected
through lead hazard reduction
Published May 4, 2006
Published January 28, 1993
|
SERVICES & INFORMATION