(A) Occupant protection.
(1) Occupants shall not be permitted to enter the worksite during hazard reduction activities (unless they are employed in the conduct of these activities at the worksite) until after hazard reduction work has been completed and clearance has been achieved.
(2) Occupants shall be temporarily relocated during hazard reduction activities and until a clearance examination has been successfully completed on the occupant’s unit, and occupants who relocate to a unit not owned by their landlord shall not be liable for rent accruing during that time, except relocation shall not be necessary if:
(a) Treatment will not disturb lead-based paint, dust-lead hazards or soil lead hazards;
(b) Only the exterior of the dwelling unit is treated, and windows, doors, ventilation intakes and other openings in or near the worksite are sealed during hazard control work and cleaned afterward, and entry free of dust-lead hazards, soil-lead hazards and debris is provided;
(c) Treatment of the interior will be completed within one period of eight daytime hours, the worksite is contained so as to prevent release of leaded dust and debris into other areas and treatment does not create other safety, health or environmental hazards (e.g., exposed live electrical wiring, release of toxic fumes or on-site disposal of hazardous waste); or
(d) Treatment of the interior will be completed within 15 calendar days, the worksite is contained so as to prevent the release of leaded dust and debris into other areas, treatment does not create other safety, health or environmental hazards; and, at the end of work on each day, the worksite and the area within at least ten feet of the containment area is cleaned to remove any visible dust or debris, and occupants have safe daily access to sleeping areas, and bathroom and kitchen facilities.
(3) The dwelling unit and the worksite shall be secured against unauthorized entry, and occupants’ belongings protected from contamination by dust lead hazards and debris during hazard reduction activities. Occupants’ belongings in the containment area shall be relocated to a safe and secure area outside the containment area, or covered with an impermeable covering with all seams and edges taped or otherwise sealed.
(4) In addition to protections afforded elsewhere by law, if interior hazard reduction activities will not be or are not completed within 60 calendar days, occupants shall have the right to terminate their lease and shall have no further obligation to pay rent under that rental agreement, provided, however, that this division shall not relieve the occupant of the obligation to pay any previously accrued rent for which he or she is otherwise liable.
(B) Worksite preparation.
(1) The worksite shall be prepared, including the placement of containment barriers, to prevent the release of leaded dust, and contain lead-based paint chips and other debris from hazard reduction activities within the worksite until they can be safely removed. Practices that minimize the spread of leaded dust, paint chips, soil and debris shall be used during worksite preparation.
(2) A warning sign shall be posted at each entry to a room where hazard reduction activities are conducted when occupants are present; or at each main and secondary entryway to a building from which occupants have been relocated. Each warning sign shall be as described in 29 C.F.R. § 1926.62(m), except that it shall be posted irrespective of employees’ lead exposure and, to the extent practicable, provided in the occupants’ primary language.
(Ord. 2008-3, passed 3-11-2008) Penalty, see § 95.999