[Amended 12-4-2023 by Ord. No. 104-2023]
All abatement performed pursuant to this section shall follow the most recently issued requirements set forth in the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" issued by the U.S. Department of Housing and Urban Development, June 1995, based on Title 10 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and shall follow the following procedures:
A. Completion of Lead Abatement Notification Form. Within five days following receipt of a notice of violation, the owner shall submit to the Pennsylvania Department of Labor and Industry a Lead Abatement Notification Form, LIBI 600 L. This form shall be returned to the Pennsylvania Department of labor and Industry within five days of receipt of a violation notice that a lead source health hazard exists in the property, and prior to the start of abatement. The form shall consist of written plans and a schedule for the elimination of the lead source health hazard. Said plans and schedule shall specify in detail the means, methods, materials and dates by which correction will be achieved.
B. Approval/disapproval of abatement plan. Upon receipt of the plans and schedule described in paragraph A. of this section, from the Pennsylvania Department of Labor and Industry the City of Reading shall approve or disapprove such plans and schedule. Notice of any disapproval shall be accompanied by specific reasons therefor. Upon receipt of a disapproval notice, the owner shall within four days resubmit the plans and schedule with such revisions as are necessary to remove the objections. Upon disapproval of a second plan by the City of Reading said owner shall be issued a written notice indicating schedule and method of abatement which will be required to bring the dwelling, or pertinent areas, into compliance. Said owner shall complete abatement of the lead source health hazard within ten days after receiving notification from the City of Reading that the plans and schedule have been approved, or ten after receiving notification indicating an acceptable schedule and method of abatement, unless the City of Reading extends the time for compliance.
C. Approved methods of abatement.
(1) Removal. Lead-based paint shall be completely removed from any surface that can be chewed or eaten by children. Any cracked, chipped, blistered, or peeling lead-based paint shall be completely removed to the base surface under such safety conditions as may be approved by the City of Reading.
(2) Encapsulation. The capping over of such surfaces which contain lead at unacceptable levels with permanently affixed coverings, the surface of which is lead-free and which said permanently affixed covering is incapable of being readily chewed through, torn from the surface, pierced or otherwise removed in such manner as to expose the hazardous surface (for example, hardboard, plywood, drywall, plaster).
(3) Enclosure. Repainting of such surfaces that contain lead at unacceptable levels with a non-lead-based paint with a manufacturer's warranty of twenty-year rating. This method shall not be deemed to be satisfactory for compliance with this chapter where evidence has been obtained of children under six years of age chewing the surface.
D. Disapproved methods of abatement.
(1) The methods used for the removal of lead-based paint shall not present a hazard to health from fumes, dust or vapors by inhalation or absorption through the skin and mucous membranes and shall be in accordance with all applicable laws, ordinances, regulations, safety standards and practices of the City of Reading, as well as state and federal agencies.
(2) Dry sanding, heat guns capable of producing temperatures in excess of 1,100° F., the use of an open flame torch and chemical strippers containing methylene chloride are prohibited as part of any abatement techniques.