(a) Definitions. For purposes of this chapter the following definitions shall apply:
(1) "Lead-based coatings" means any paint, lacquer, or other applied liquid surface coating or putty which contains a quantity of lead more than five-tenths of one percent (0.5 of 1%) lead by weight, calculated as lead metal, in the total nonvolatile content of liquid paints, or such standard, not to exceed five-tenths of one percent (0.5 of 1%) in coatings as may hereafter be established by Federal law or regulation.
(2) "Lead-bearing substances" means any structural substance or material which contains 0.3 milligram per square centimeter or more of metallic lead, based upon the total nonvolatile content of the substance.
(3) "Surface" means the outermost layer or superficial area of the interior or exterior of a dwelling or dwelling unit including but not limited to the walls, ceilings, floors, stairs, windows, window sills, window frames, baseboards, decks, porches, railings, woodwork, metal work, trim and fixtures of a dwelling or dwelling unit.
(b) Lead-based Coatings. No person shall sell, use or apply lead-based coatings which may be inhaled, ingested or absorbed and which are intended for use:
(1) In or upon any exposed surface of any dwelling or dwelling unit readily accessible or hazardous to children.
(2) In or upon fixtures or objects used, installed or located upon exposed surfaces of any dwelling or dwelling unit readily accessible or hazardous to children.
(3) In or upon furniture, toys, playground equipment, cooking, eating or drinking utensils or food or liquid containers.
(c) Other Lead-Bearing Substances. No person shall sell or manufacture the following lead-bearing items:
(1) Fixtures, objects, toys or furniture which may be chewed or eaten by children.
(2) Cooking, eating or drinking utensils or containers for food or liquid which may be chewed or eaten by children.
(d) Warning Statement.
(1) Within thirty days of the effective date of this chapter, all lead-based coatings existing in dealer or manufacturer inventories, or any coating to be manufactured for sale to the general public within the City within thirty days after this chapter becomes effective shall be required to be marked with the following stick-on label:
WARNING
CONTAINS LEAD
DRY FILM OF THIS PAINT
MAY BE HARMFUL IF EATEN OR CHEWED
Do not apply on toys and other children's articles, furniture, or interior surface of any dwelling which may be occupied or used by children.
Do not apply on those exterior surfaces of dwelling units, such as window sills, porches, stairs, or railings, to which children may be commonly exposed.
KEEP OUT OF REACH OF CHILDREN
(2) All lead-based coatings for sale to the general public manufactured more than thirty days after the effective date of this chapter bear identical labeling to that found in subsection (d)(1). However, the following part of the warning statement must appear on the principal display panel:
WARNING
CONTAINS LEAD
DRY FILM OF THIS PAINT
MAY BE HARMFUL IF EATEN OR CHEWED
See other cautions of
(Side or Back) Panel.
The remainder of the warning label may appear on the side or back panel of the lead based coating container.
(3) All lead-based coatings manufactured more than thirty days after the effective date of this chapter for sale other than to the general public must be labeled in the following manner.
WARNING
CONTAINS LEAD COMPOUND
Does not apply to toys, furniture or other surfaces which might be chewed by children.
Wash hands thoroughly after using and before eating or smoking.
(e) Public Nuisance. Any dwelling or dwelling unit in which interior or exterior surfaces readily accessible or hazardous to children contain loose, chipped, peeling or flaking paint or plaster container 0.3 milligram per square centimeter or more of metallic lead is hereby declared to be a public nuisance.
(f) Inspection and Notice.
(1) The Department of Building and Zoning shall inspect dwellings or dwelling units for the presence of lead-based coatings contained in loose, chipped, peeling or flaking paint or plaster or lead-bearing substances upon its own initiate analysis.
(2) Upon determination of the presence of metallic lead in a quantity of 0.3 milligram per square centimeter or more in the paint or plaster, notice shall be given to the owner and all occupants by certified mail, return receipt requested, and shall be posted in a conspicuous place upon the dwelling or dwelling unit.
(3) Upon determination of the presence of metallic lead in a quantity of 0.3 milligram per square centimeter or more in such paint or plaster, the Department of Building and Zoning shall notify the Health Commissioner of the names and addresses of all occupants of the dwelling or dwelling unit and the names and addresses of the owners of the dwelling or dwelling unit. Occupant families with children six years of age or younger shall be informed by the Department of Building and Zoning of the lead poisoning testing and treatment program available through the Columbus Department of Health. All physicians, nurses or public health officials who diagnose or suspect lead poisoning in any person shall report such findings to the Grandview Heights Health Commissioner. The Commissioner of Health shall report such findings to the Building Department.
(g) Enforcement; Department of Building and Zoning May Perform Work.
(1) When the Department of Building and Zoning determines the presence of loose, chipped, peeled, or flaking paint or plaster which contains more than 0.3 milligram per square centimeter or more of lead-bearing substances upon any interior or exterior surface or fixture, the Department of Building and Zoning shall order the owner or owners to remove or permanently cover such paint or plaster in a manner approved by the Grandview Heights Health Commissioner. The process of removal shall be accomplished in a manner which is not dangerous to the health of human beings and shall provide for the elimination and safe disposal of all flakes, chips and debris containing lead-bearing substances.
(2) If, after thirty days following the date of notification to the owner, the removal of lead-bearing substances has not begun and the owner of the dwelling or dwelling unit has not requested a hearing as provided by Section 1331.04(b), the Department of Building and Zoning may contract to have the work done. The Department of Building and Zoning shall cause the cost of such repair to be charged against the land on which the building exists as a municipal lien or to be recovered in a civil suit against the owner.
(h) Retaliatory Eviction Prohibited. No owner of any dwelling or dwelling unit, after receiving notice of an inspection under this chapter, shall engage in retaliatory action against an occupant of the affected dwelling. It is presumed any such retaliatory action by the owner is in violation of Section 1331.04(g).
(Ord. 89-21. Passed 5-1-89; Ord. 92-33. Passed 12-7-92.)