All defined terms used in this Article incorporate the meanings set forth below. In order to identify defined terms, the first letter of each defined term is capitalized.
(a) "Accredited Laboratory" means a laboratory which operates within the EPA National Lead Laboratory Accreditation Program.
(b) "Case-Managed Child" means an elevated blood lead child with a venous blood lead level greater than or equal to 15 micrograms per deciliter.
(c) "Certified Lead Inspector/Assessor" means any Person licensed or certified to perform risk assessment and/or lead-based paint inspection by the California Department of Health Services (DHS), as authorized by the United States Environmental Protection Agency (EPA), in accordance with 40 CFR Part 745, subparts L or O.
(d) "Clean" or "Cleaning" means a lead hazard remediation technique in which a HEPA vacuum, truck-mounted vacuum, wet cleaning agent, and/or other technology that results in compliance with HUD clearance criteria, is used to remove a lead-contaminated dust hazard.
(e) "Child" means a natural individual who is under 21 years of age.
(f) "Clearance Inspection" means visual examination and collection of environmental samples by a certified lead inspector/assessor, and analysis by an accredited laboratory, upon completion of lead hazard remediation activities.
(g) "Deteriorated Lead-Based Paint" means any interior or exterior lead-based paint that is peeling, chipping, blistering, flaking, worn, chalking, alligatoring, cracking or otherwise separating from the substrate, or located on any surface or fixture that is damaged.
(h) "Director" means the Director of the San Francisco Department of Public Health or the Director's designee.
(i) "Dust Removal" means a lead hazard remediation technique which involves an initial cleaning of lead-contaminated dust followed by periodic monitoring and recleaning as needed. Dust removal may be the primary remediation technique or one element of a broader effort which reduces lead hazards.
(j) "Dwelling Unit" means all residential dwelling units in the City and County of San Francisco together with the land and appurtenant buildings thereto, and all furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.
(k) "Elevated Blood Lead Child" means a child with a venous blood lead level greater than or equal to 10 micrograms per deciliter (µg/dL).
(l) "Encapsulation" means a lead hazard remediation technique which utilizes a covering or coating to act as a barrier between lead-based paint and the environment, and that relies on adhesion and the integrity of the existing paint bonds between layers and with the substrate for its durability (see also "enclosure").
(m) "Enclosure" means a lead hazard remediation technique which utilizes rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the dwelling unit or the environment.
(n) "Exposure Sources" means paint, dust, soil, water, cookware, ceramics, tableware, food sources, parental hobby and occupation materials, home remedies and traditional medicines, cosmetics, and nearby lead industry emissions.
(o) "HEPA" means a high efficiency particulate air filter.
(p) "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any dwelling unit or portion thereof, any nonresidential building, or any other premises in the City and County of San Francisco, and the agent, representative or successor of any of the foregoing.
(q) "Landscaping" means the creation of barriers or barrier plantings that limit exposure to lead-contaminated soil.
(r) "Lead" means metallic lead and all inorganic and organic compounds of lead.
(s) "Lead-Based Paint" means any paint, varnish, shellac or other coating on surfaces with lead in excess of 1.0 mg/cm
2
as measured by X-ray fluorescence (XRF) detector or laboratory analysis or 0.5 percent by weight (5,000 ppm, 5,000 µg/g, or 5,000 mg/kg) by laboratory analysis.
(t) "Lead-Contaminated Dust" or "Dust-Lead Hazard" means surface dust that contains a mass per area concentration of lead equal to or exceeding 40 µ/ft
2
on floors and other interior horizontal surfaces, 250 µ/ft
2
on interior windowsills, and 800 µ/ft
2
on exterior windowsills and other exterior horizontal surfaces.
(u) "Lead-Contaminated Soil" or "Soil-Lead Hazard" means bare soil that contains total lead equal to or exceeding 400 parts per million (µg/g) in bare soil, or such lower level as the Director determines to constitute a lead hazard.
(v) "Lead-Contaminated Water" means tap water that contains lead in excess of 15 parts per billion (µg/l).
(w) "Lead Hazard" means any condition that exposes children to lead from any source, including but not limited to lead-contaminated water, lead-contaminated dust (Dust-lead hazard), lead-contaminated soil (Soil-lead hazard), and Paint-lead hazard in dwelling units or other locations.
(x) "Lead Hazard Remediation Technique(s)" means an activity designed to control or eliminate a lead hazard.
(y) "Lead-Poisoned Child" means a child with a single venous blood lead level greater than or equal to 20 micrograms per deciliter, or a persistent venous blood lead level between 15 and 19 micrograms per deciliter based on consecutive measurements three to four months apart.
(z) "Manager" means the authorized agent or landlord for the owner of a dwelling unit, or any nonresidential building or premises, who is responsible for the day-to-day operation of said dwelling unit, building or premises.
(aa) "Owner" means any person, agent, firm or corporation having a legal or equitable interest in a dwelling unit, building, or other premises. For purposes of orders under Sections 1628 and 1630, the term "owner" shall not include entities such as banks or lending institutions holding equitable interests as security unless the entity is in actual physical control of the premises, or is performing property management activities.
(bb) "Paint Film Stabilization" means a lead hazard remediation technique using wet scraping, priming, and repainting a deteriorated lead-based paint film.
(cc) "Paint-Lead Hazard" means any of the following: (1) any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g.: the windowsill or floor) constitute a dust-lead hazard; (2) any damaged or otherwise deteriorated lead-based paint on impact surface that is caused by impact from a related building component, such as a door knob that knocks into a wall or a door that knocks against its door frame; (3) any chewable lead-based painted surface on which there is evidence of teeth marks; and (4) other deteriorated lead-based paint on the interior or exterior of any building.
(dd) "Paint Removal" means a lead hazard remediation technique using chemicals, heat guns emitting heat below 1,100 degrees Fahrenheit and certain contained abrasive methods to remove lead-based paint, but does not mean open flame burning, open abrasive blasting, sandblasting, water blasting or extensive dry scraping.
(ee) "Periodic Surveillance" means a series of reevaluations, including visual assessment and collection of environmental samples, by a certified lead inspector/assessor or other person acceptable to the Director, to determine whether a lead hazard remediation technique previously implemented is still effective, or whether the dwelling unit is still lead-safe.
(ff) "Person" means a natural person, his or her heirs, executors, administrators or assigns, and also includes a municipal or State agency, a firm, joint stock company, business concern, association, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
(gg) "Replacement" is a lead hazard remediation technique utilizing removal of building components such as windows, doors, and trim that have lead-based paint surfaces, and installing new components free of lead-based paint.
(hh) "Substrate" means a surface upon which paint, varnish, or other coating has been or may be applied. Examples of substrates include wood, plaster, metal, and drywall.
(ii) "Tenant" means a person entitled by written or oral agreement, subtenancy or by sufferance, to occupy a residential dwelling unit to the exclusion of others.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96; Ord. 36-03, File No. 021857, App. 3/28/2003)