title
ORDER OF THE NEW HAVEN BOARD OF ALDERS APPROVING THE LEAD PAINT ORDINANCE AMENDMENT AS IT SETS FORTH THE FRAMEWORK FOR THE HEALTH DEPARTMENT TO CONDUCT PREVENTIVE INSPECTIONS OF HOUSING UNITS WHERE YOUNG CHILDREN RESIDE FOR GREATER COHESION WITH THE STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH LEAD STATUTES AND REGULATIONS.
body
Whereas, the City of New Haven wishes to protect the interests of young children living in the city.
Whereas, the City will engage city landlords as partners in the prevention of child exposure to lead toxins and improving the safety of housing units for children.
Whereas, the Health Department will inspect the homes of children who have a blood lead level equal to or greater than five micrograms per deciliter, which is a lower threshold than required by State law.
Whereas, the City of New Haven will increase the number of lead inspectors in anticipation of an increase in the number of inspections of homes where children reside and will charge a fee for performing each inspection.
Whereas, the Health Department will actively engage landlords to educate them and assist them in improving and maintaining lead-safe properties.
Whereas, the City, upon approval, will explore development of a revolving loan fund to assist low- and moderate-income homeowners to afford the cost of lead abatement.
NOW, THEREFORE, BE IT ORDAINED that the City of New Haven finds that, in the interest of protecting young children, it shall lower the threshold for inspection of homes of children with blood lead levels equal to or greater than five micrograms per deciliter.
BE IT FURTHER ORDAINED that the amended new lead ordinance shall read as follows:
ARTICLE III. - LEAD PAINT
Sec. 16-61. - Definitions.
As used in this article, the following terms shall have the meanings ascribed herein:
(a) Actionable blood lead level means a confirmed venous blood lead level equal to or greater than five (5) micrograms per deciliter of whole blood.
(b) Child means a natural person under the age of six years.
(c) Chewable surface means any projection one half inch or greater from an interior or exterior surface up to five feet in height that can be mouthed by a child.
(d) Defective surface means peeling, flaking, chalking, cracking, blistering, loose, scaling or chipping paint; defective or deteriorating substrate; or falling plaster, or plaster with holes in it; paint over a defective or deteriorating substrate; or paint that is damaged in any manner such that a child can be exposed to paint from the damaged area.
(e) Department shall mean the New Haven Health Department.
(f) Director of public health shall mean the legally designated health authority of the city, or his/her designee.
(e) Dwelling shall mean every building or shelter used or intended for human habitation, including exterior surfaces and all common areas thereof, and the exterior of any other structure located within the same lot, even if not used for human habitation.
(f) Dwelling unit shall mean a room or group of rooms within a dwelling arranged for use as a single household by one (1) or more individuals living together who share living and sleeping facilities.
(g) Epidemiological investigation means an examination and evaluation to determine the cause of actionable blood lead level. An epidemiological investigation will include an inspection conducted by a lead inspector to detect lead-based paint and a report of findings. This investigation must also include evaluation of other sources such as soil, water, dust, pottery, occupational exposures, or imported food, confections, cosmetics, home remedies, herbal treatments, jewelry, cookware or toys, to determine the cause of actionable blood lead levels. The investigation may also include isotopic analysis of lead containing items.
(h) Intact surface means a defect-free surface with no loose, peeling, chipping or flaking paint. Painted surfaces must be free from crumbling, cracking or falling plaster and must not have holes. Intact surfaces must not be damaged in any way such that paint is accessible to a child.
(i) Lead abatement plan shall mean a written plan that identifies the location of lead-based paint and describes how all lead-based painted surfaces will be abated and how the environment, health, and safety will be protected. The plan also identifies the location of soil containing lead and describes sampling protocol used and abatement options.
(j) Lead-based paint shall mean:
(1) Any paint offered for sale for use on or in a residential dwelling which contains more than 0.06 percent lead by weight as measured by atomic absorption spectrophotometry, graphite furnace atomic absorption spectrophotometry, or inductively coupled plasma atomic emission spectrophotometry, by a laboratory approved by the State of Connecticut Department of Public Health for lead analysis.
(2) Any dried film of paint containing an amount equal to or greater than 0.50 percent lead by dry weight as measured by atomic absorption spectrophotometry, graphite furnace atomic absorption spectrophotometry, or inductively coupled plasma atomic emission spectrophotometry, by a laboratory approved by the State of Connecticut Department of Public Health for lead analysis, or a level equal to or greater than 1.0 milligrams lead per square centimeter of surface as measured on site by a X-ray fluorescence analyzer or other equipment deemed sufficiently accurate and reliable by the State of Connecticut Commissioner of Public Health.
(k) Lead management plan shall mean a written plan describing how intact surfaces with lead-based paint will be monitored to ensure defective surfaces will be identified and abated over time. Lead contaminated soil must be regularly monitored such that coverings, barriers and access restrictions are maintained in accordance with state protocol.
(l) Occupant shall mean any adult person having actual possession of, a dwelling unit or rooming unit.
(m) Operator shall mean any person who has charge, care, control, or leasing of a building, or part thereof, in which dwelling units or rooming units are let.
(n) Owner shall mean any person who, alone or jointly or severally with others:
(1) Has legal title to any dwelling unit with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the owner shall be bound to comply with this article, and all rules and regulations adopted pursuant thereto, to the same extent as if he/she was the owner.
(o) Person shall mean and include any individual, firm, corporation, association, partnership or any other business concern.
(p) Premises shall mean a platted or unplatted lot or parcel of land, or part thereof, either occupied or unoccupied by any structure, including any building or structure on it.
(q) Risk assessment means an on premises evaluation of potential lead hazards by a lead inspector, including provision of educational materials and recommended methods of eliminating child access to lead hazards.
(Ord. of 6-3-74, § A-1, App. A; Code of 1985, § 16-49; Ord. of 8-6-90, § 1-3; Ord. of 5-20-98, §§ 1, 2; Ord. No. 1404, 1-3-06; Ord. No. 1434, 1-2-07)
Sec. 16-62. - Prohibited use of lead-based paint.
Lead-based paint, as defined in this article, shall not be used on any exterior surface or any wall, ceiling, floor, interior woodwork, nor on or around the interior or exterior surface of any door, window, fixture, stairs, railing or porch on any dwelling, or dwelling unit, or any building intended or used, in whole or part, for human habitation or occupancy.
(Ord. of 6-3-74, § A-2; Code of 1985, § 16-50; Ord. No. 1404, 1-3-06)
Sec. 16-63. - Maintenance.
Interior and exterior surfaces of walls, ceilings, floors, interior woodwork, doors, windows, fixtures, stairs, railings and porches of all structures shall be kept free of defective surfaces.
(Ord. of 6-3-74, § A-3; Code of 1985, § 16-51; Ord. No. 1404, 1-3-06)
Sec. 16-64. - Preventive measures. notice, inspection, cost, and reporting.
(a) The director of public health shall provide, or cause to be provided, to the parent or guardian of a child who is known to have an actionable blood lead level with information describing the dangers of lead poisoning, precautions to reduce the risk of lead poisoning, information about potential eligibility for services for children, information on recommended follow up blood lead testing, and laws and regulations concerning lead abatement.
(b) The director of public health shall provide, or cause to be provided, to the owner or operator of the dwelling of a child who is known to have an actionable blood lead level with information describing the dangers of lead poisoning, precautions to reduce the risk of lead poisoning, and laws and regulations concerning defective surfaces and lead abatement.
(c) The department shall provide the general public with information about the sources of lead exposure for children and methods of reducing or eliminating exposure to lead hazards.
(d) Upon receipt of each report of a child with an actionable blood lead level, the director of public health is authorized, not inconsistent with section 19a-111-3 of regulations of Connecticut state agencies, as amended from time to time, to inspect any premises frequented by such and shall take the necessary action to determine whether lead hazards exist at the dwelling of the child and conduct a risk assessment at any other premises that is frequented by a child and may be the source of exposure to lead toxins. Such inspection may include, without limitation, an epidemiological investigation of sources of lead causing the increased blood lead level. If lead sources are identified, the director of public health shall order such action to be taken by the appropriate person or persons responsible for the condition that brought about the actionable blood lead level as may be necessary to prevent further exposure of the child to lead sources. In the case of a residential unit containing lead-based paint on defective surfaces where the director of public health determines that such action will not result in removal of the lead-based paint on defective surfaces within a reasonable time, the director of public health may require relocation of any family occupying such unit at the expense of the owner of the property.
(e) The owner of the premises where an epidemiological investigation is conducted under this article, shall pay the city a fee for this service. The director of public health shall establish a fee structure to cover the cost of providing epidemiological investigations. Such cost shall not exceed the actual cost to the city. Fees for epidemiological investigations may be waived by the director of public health in the event lead hazards are not identified or where epidemiological investigations are required by state law. The owner of a federally subsidized dwelling shall be exempt from the fee for an epidemiological investigation. The city is not responsible for the cost of epidemiological investigation of federally subsidized dwellings. Epidemiological investigations required for subsidized dwellings shall be subject to a fee for this service.
(f) The director of public health shall provide such reports as are required by state statute. The department shall provide the status of lead poisoning prevention activities no less than annually.
(g) The director of public health shall present to the Board of Alders the policies and procedures detailed in Section 16-70, and approved by the Board of Health, no later than May 1, 2020.
(Ord. of 6-3-74, § A-4; Code of 1985, § 16-52; Ord. of 8-6-90, § 4; Ord. No. 1404, 1-3-06; Ord. No. 1434, 1-2-07)
Sec. 16-65. - Removal of lead-based paint.
(a) Where the director of public health makes a determination that the presence of lead-based paint or lead-contaminated soil upon any interior or exterior premises creates a health hazard to a child, he/she shall issue an order to the owner to eliminate the hazard. Lead-based paint shall be adequately abated from any chewable surface. The lead-based paint ordered to be removed to the base surface shall be removed under such safety conditions as may be approved by the department or otherwise repaired as the department requires. In lieu of removal of lead-based paint, the accessible surface shall be covered with an approved durable material. Repainting a surface with a nonleaded paint without the complete removal of the existing lead-based paint shall not be deemed to be satisfactory compliance with this section.
(b) The methods used for the adequate abatement of lead-based paint shall not present a health hazard from fumes, dust or vapors by inhalation or absorption through the skin and mucous membranes, and shall be in accordance with federal, state and local rules and regulations, and safety standards and practices. The director of public health has the authority to prescribe and determine such methods. Additional alternate safety methods authorized by state law shall be enforced. Tenants are to be informed of the increased danger to a child that may occur during the removal of lead-based paint and are to be advised to exclude the child from the site for the duration of the work and until dust and debris have been cleaned completely from all surfaces.
(c) The owner of premises ordered to remove lead-based paint in accordance with section 16-65(c) shall submit a written lead abatement plan to the director of public health according to the time period for compliance listed in section 19a-111-5 of regulations of Connecticut state agencies, as amended from time to time.
(d) Intact surfaces containing lead-based paint except as noted in section 16-65(c) are not required to be abated. However, when a child resides in the dwelling, the owner shall submit a written lead management plan to the director of public health in compliance section 19a-111-2(e) of regulations of Connecticut state agencies, as amended from time to time.
(Ord. of 6-3-74, § A-5; Code of 1985, § 16-53; Ord. of 8-6-90, § 5; Ord. No. 1404, 1-3-06; Ord. No. 1434, 1-2-07)
Sec. 16-66. - Notice of violation and duties of the director of public health.
(a) Notices of this article's violations shall:
(1) Be sent by certified mail or other provable method of service of notice as soon as practicable after detection of the violation;
(2) Include a statement of the detected violations;
(3) Require that repairs commence as set forth in the abatement plan and shall be completed within a reasonable time as determined by the director of public health;
(4) Be served upon the owner, operator, or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner, operator, or occupant if a copy of the notice is served upon him/her personally, or if a copy of it is sent by registered or certified mail to his/her last known address; or if he/she is served with such notice by any other method authorized or required under this state's laws;
(5) Contain an outline of remedial action, which if taken, will have an effect upon compliance with this article's provisions, and with rules and regulations adopted pursuant thereto; and
(6) Be filed with the city clerk in the city's land records within five (5) days of the issuance of such notice. Upon compliance with the remedial action prescribed in said notice, the director of public health shall file a notice with the city clerk stating that the required remedial action has been taken, and that the premises are no longer in violation of this article. Such compliance shall be recorded in the city's land records.
(b) The residents of a premises shall be notified that lead-based paint as defined above has been detected within the premises and shall be informed that each child resident at the premises should have their blood tested for lead levels.
(c) No dwelling unit, which is in violation of this article, shall be rented to a new tenant until the director of public health finds that acceptable repairs have been made in compliance with this article.
(d) All city-owned and leased dwelling units shall be inspected for the presence of lead-based paint, as defined in this article, in any interior or exterior area. All federally and state-owned and leased dwelling units shall be subject to this article. Any violations shall be eliminated in accordance with it.
(e) When any premises have not been repaired in accordance with this article, the director of public health is authorized to enter upon the premises to make repairs or order the person or persons responsible for the condition to remove lead-based paint in accordance with this article. The owner shall be financially liable for all costs in connection with such repairs, including any costs of relocation, and such costs shall be a lien upon the property. The director of public health is authorized to apply for federal and other funds to reimburse the city for costs in cases where such reimbursement is authorized by law.
(f) The director of public health shall have the authority to apply for, accept, receive and administer funds, grants or gifts from public or private agencies, including the federal government, to carry out any of the functions found in this article. Upon receiving the funds, the director of public health shall deposit them with the city's controller. The funds are to be held in a special account established for the department's lead-based paint control activities.
(Ord. of 6-3-74, § A-6; Code of 1985, § 16-54; Ord. of 8-6-90, § 7; Ord. No. 1404, 1-3-06)
Sec. 16-67. Lead Poisoning Advisory Committee.
The Mayor shall appoint a Lead Poisoning Advisory Committee with the Board of Alders’ approval and subject to the provisions of the New Haven Charter, Article VII, Section 1(A). The committee shall recommend the development and adoption of policies, programs, and procedures that will result in this article's effective enforcement. The committee shall serve as a vehicle to promote and coordinate lead poisoning prevention and abatement efforts involving health care providers, the health department, the housing department, the building division of the Livable City Initiative, and the judicial system. The committee shall consist of not fewer than eleven (11) members including a Board of Alders representative and member-at-large appointed by the Board of Alders’ president, New Haven Legal Aid Assistance representative, health care providers, health department officials, representatives of the city's Livable City Initiative and its building division, an owner or operator, representative of the state department of public health, representative of the local housing prosecutor, and a representative of Corporation Counsel. The advisory committee shall elect a chair, who will preside at its meetings.
(Ord. of 6-3-74, § A-7; Code of 1985, § 16-55; Ord. of 8-6-90, § 8; Ord. No. 1404, 1-3-06)
Sec. 16-68. - Enforcement and Penalty.
Any person convicted of violating this article shall be punished by a fine or civil penalty up to the maximum amount authorized by state statutes or this code. Each day's failure to comply with this article shall constitute a separate violation.
The director of public health is authorized to seek an administrative search warrant requiring any non-compliant owner, operator or occupant to provide access to the dwelling of a child with an actionable blood lead level.
(Ord. of 6-3-74, § A-8; Code of 1985, § 16-56; Ord. No. 1404, 1-3-06)
Sec. 16-69. - Appeal.
(a) Pursuant to Connecticut General Statutes, Section 19a-229 as amended from time to time, any person aggrieved by an order issued by the director of public health may appeal to the commissioner of public health not later than three (3) business days after the date of such person's receipt of such order. The commissioner shall thereupon immediately notify the director of public health and review the merits of such case. The commissioner may vacate, modify, or affirm such challenged order.
(b) Notwithstanding the requirements of subsection (a) above, any person aggrieved by an order regarding lead-based paint abatement under Connecticut General Statutes, Section 19a-111c as amended from time to time, may appeal to the commissioner not later than three (3) business days after the receipt of such order.
(Ord. No. 1404, 1-3-06)
Sec. 16-70. - Implementation.
The director of public health shall promulgate and establish such policies and procedures, not inconsistent with state statute, as are necessary to implement the requirements of this Article III. Policies and procedures shall include, without limitation, (a) priority consistent with recommendations from the Centers for Disease Control and Prevention; (b) parent/guardian outreach, education and referral, (c) owner outreach, education and referral; (d) abatement plan criteria; and (e) coordination with primary care physicians, regional lead prevention resources, city departments, local housing authority and other critical stakeholders. The Lead Advisory Committee shall recommend policies and procedures, and the Board of Health shall review and approve such policies and procedures. The director of public health shall establish, in coordination with appropriate city departments, a policy for emergency relocation, not inconsistent with state statue. The Board of Health shall review and approve the emergency relocation policy.
The director of public health is authorized to establish, in coordination with appropriate city departments, a revolving loan program for the purpose of abating lead paint from premises of low- and moderate-income owners.
The director of public health is required to report on the implementation of the requirements of this Article III no less than annually to the New Haven Board of Alders.
The director of public health is authorized to apply for lead abatement assistance grants.
Secs. 16-71-16-90. - Reserved.