§ 6-802.  Definitions. 132
   In this Chapter, the following definitions shall apply:
   (1)   Certified Lead Inspector. A person who is certified by the Philadelphia Department of Public Health as qualified by training and experience to conduct comprehensive lead inspections and risk assessments, or by the Commonwealth of Pennsylvania as an "inspector-risk assessor" pursuant to the Pennsylvania Department of Labor and Industry's Lead-Based Paint Occupation Accreditation and Certification Regulations; or is certified by the EPA and trained as a lead dust sampling technician.
   (2)   Comprehensive Lead Inspection. A surface-by-surface investigation to determine the presence of lead- based paint and the provision of a report explaining the results of the investigation.
   (3)   Deteriorated Paint. Paint or other coating that is cracking, flaking, chipping, peeling, chalking, not intact or otherwise separating from the substrate of a building component, except that pinholes and hairline fractures attributable to the settling of a building shall not be considered deteriorated coating.
   (4)   Lead-based Paint. Paint or other surface coatings that contain lead in excess of 0.7 mg/cm 2 , or such stricter limits as may be established by federal law or by regulation of the Board of Health. 132.1
   (5)   Lead-based Hazard. Any condition that causes exposure to lead from lead-contaminated dust, lead- contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces or impact surfaces, or lead service lines or plumbing components that would result in adverse human health effects as established by the appropriate Federal agency or the Philadelphia Department of Public Health. 133
   (6)   Lead-Contaminated Dust. Surface dust that contains a mass per area concentration of lead equal to or exceeding 40 micrograms per square foot on floors or 250 micrograms per square foot on interior windowsills based on a wipe sample, or such other lesser level of lead either: (a) used to define a "dust-lead hazard" under 40 C.F.R. § 745.65 or (b) determined by the Board of Health by regulation to be dangerous.
   (7)   Lead-Contaminated Soil. Soil that contains lead in excess of 400 ppm or such other lesser level of lead either: (a) used to define a "soil-lead hazard" in a play area under 40 C.F.R. § 745.65 or (b) determined by the Board of Health by regulation to be dangerous.
   (8)   Lead Free. The circumstance in which the interior and exterior surfaces of a property do not contain any lead-based paint and the property contains no lead-contaminated soil or lead-contaminated dust.
   (9)   Lead Safe. The circumstance in which a property is free of a condition that causes or may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, deteriorated lead-based paint, deteriorated presumed lead-based paint, or other similar threat of lead exposure due to the condition of the property itself.
   (10)   Lead Plumbing Component. Any pipe, pipefitting, plumbing fitting, solder, flux or fixture through which drinking water may pass that is not lead-free within the applicable standard set pursuant to the Safe Drinking Water Act, 42 U.S.C. § 300g-6. 134
   (11)   Lead Service Line. A service line made of lead which connects the water main to the building inlet and any lead fitting which is connected to such lead service line. 135
   (12)   Presumed Lead-Based Paint. Surface coating affixed to a surface that was constructed prior to March 1978 that a landlord is unable to demonstrate contains no lead. 136
   (13)   Risk Assessment. An on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including: 137
      (a)   information gathering regarding the age and history of the housing and occupancy by children under age 6;
      (b)   visual inspection;
      (c)   limited wipe sampling or other environmental sampling;
      (d)   other activity as may be appropriate; and
      (e)   provision of a report explaining the results of the investigation.
   (14)   Targeted Housing. Subject to the transition period provided for at Section 6-802.1, property built before March 1978 (even if renovated thereafter) that is currently used as housing, but excluding: dwelling units developed by or for an educational institution for the exclusive residential use and occupancy by that institution's students, where non-student family members are not permitted to reside. There shall be a rebuttable presumption that a rental property was built before March 1978. 138
   (15)   Valid Certification. For a certification that a property is lead safe, a certification based on an inspection no more than forty eight (48) months prior to the date a rental license for the premises is issued (or, if no rental license is issued, the date a lease is entered into) or the date of an application for a Family Child Day Care facility license. For a certification that a property is lead free, a certification based on an inspection performed at any time prior to the date a rental license for the premises is issued (or, if no rental license is issued, the date a lease is entered into) or any time prior to the date of an application for a Family Child Day Care facility license. 139

 

Notes

132
   Amended, Bill No. 100011-A (approved December 21, 2011), effective December 21, 2012.
132.1
   Amended, Bill No. 180936-A (approved October 2, 2019), effective October 1, 2020.
133
   Amended, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
134
   Added, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
135
   Added, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
136
   Renumbered, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
137
   Renumbered, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017.
138
   Renumbered, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017; amended, Bill No. 180936-A (approved October 2, 2019), effective October 1, 2020.
139
   Amended, Bill No. 160609 (approved December 20, 2016); renumbered, Bill No. 160687-AAA (approved March 7, 2017), effective April 6, 2017; amended, Bill No. 180936-A (approved October 2, 2019), effective October 1, 2020.