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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)
(a) The Director is authorized to administer and enforce the provisions of this Article; to conduct a case management program for elevated blood lead level children; to conduct a program for the remediation of lead hazards in residential and nonresidential buildings, indoor or outdoor property or premises, and dwelling units; to order vacation of any dwelling unit; and to enforce the provisions of this Article by any lawful means. The Director's authority to abate nuisances under this Article shall be in addition to authority granted under other law, including Article 11 of the this Code, and the Director may combine all such authorities to protect persons from lead hazards and to seek collection or reimbursement of nuisance abatement costs. The Special Revenue Fund created under Section 599(e) of this Code may be used to abate lead hazards in any structure, building or part thereof as provided in Article 11.
(b) Upon showing of proper credentials, persons authorized by the Director, when necessary for the performance of their duties, shall have the right to enter any building, premises or dwelling unit specified in Section 1626 of this Article and perform sampling, testing or periodic surveillance of potential lead hazards. The Director shall seek the consent of the owner or current occupant before entry.
(c) The Director may promulgate such regulations as may be necessary from time to time to carry out the provisions of this Article. The definitions for lead-contaminated dust, water and soil, and the definition of lead-based paint expressed in Section 1603 may be amended by such regulations in light of scientific evidence or guidance from federal or State agencies, without further action by the Board of Supervisors.
(d) Prior to adoption of any rule or regulation under this Article, the Director shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation. Rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, the Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on lead regulation. Regulations promulgated by the Director and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(Added by Ord. 409-96, App. 10/21/96; amended by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 36-03, File No. 021857, App. 3/28/2003)
DIVISION II
COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
(a) The Director shall create and implement a coordinated and comprehensive plan to prevent lead poisoning and eliminate exposure to environmental lead.
(b) The Director shall exercise any and all powers necessary and appropriate to implement the provisions of this ordinance, including but not limited to:
(1) Developing and implementing a comprehensive education program regarding environmental lead exposures and lead poisoning in cooperation with and in support of efforts by nongovernment agencies and community groups directed at key professional groups, the general public and other appropriate target groups;
(2) Coordinating all phases of management and surveillance for all elevated blood lead level children;
(3) Developing interagency agreements to coordinate lead poisoning prevention, exposure reduction, identification, and treatment and lead reduction activities with all appropriate federal, State and local agency lead prevention programs, including, but not limited to, public housing agencies, energy efficiency and weatherization programs, and home maintenance and improvement programs;
(4) Promulgating and enforcing regulations;
(5) Proposing legislation;
(6) Coordinating implementation of this Article with the provisions of the San Francisco Administrative Code requiring relocation assistance for occupants who are displaced due to the issuance of orders under this Article.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
(a) The Director shall convene and coordinate an interdepartmental task force that shall be comprised of representatives from the following City departments: the Department of Public Health, the Department of Public Works, the Department of Building Inspection, the Department of City Planning, the Department of Social Services, the Recreation and Park Department, the Public Library, the Public Utilities Commission (which shall include a representative from the Water Department and the Bureau of Energy Conservation), the Mayor's Office, and the office of the City Administrator. The Director shall also request the participation of the Housing Authority, Redevelopment Agency, San Francisco Unified School District, and other governmental agencies and community representatives when additional expertise, resources, or other assistance is deemed necessary by the Director.
(b) The Task Force shall meet on a regular basis and exchange information regarding lead education and abatement matters and shall coordinate lead abatement activities that involve more than one department. Upon the Director's request, the task force shall provide consultation services and assistance to the Director for the purpose of facilitating coordinated implementation of the duties imposed on the Director by this ordinance.
(c) The Director shall provide clerical assistance to the City Agency Task Force and to its subcommittees.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 85-93, App. 3/26/93; Ord. 56-96, App. 2/2/96; repealed by Ord. 38-05, File No. 050007, App. 2/11/2005)
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 85-93, App. 3/26/93; Ord. 215-93, App. 6/28/93; Ord. 335-96, App. 9/5/96; Ord. 48-99, App. 3/26/99; Ord. 253, File No. 031502, App. 10/22/2003)
Editor's Note:
Former Sec. 1608 ("Lead Hazard Reduction Citizens Advisory Committee") expired on 12/31/2006.
Former Sec. 1608 ("Lead Hazard Reduction Citizens Advisory Committee") expired on 12/31/2006.
(a) The Director shall publish and submit to the Board of Supervisors an annual evaluation report describing the current efforts of all City agencies pursuant to this ordinance, including but not limited to:
(1) The extent to which the City is providing community education, screening and treatment of children, lead hazard reduction (testing, interim measures and abatement), and enforcement of the provisions of the Program and the City's ability to obtain funding for its implementation;
(2) The effectiveness of the program and City agencies' efforts in implementation, including, but not limited to, additional actions needed to effectively implement and carry out the Program, the reasons why those actions are not being taken, and the plans of the relevant City agencies to implement those actions, including descriptions of specific actions, time lines, and the work plans and budgets of all City agencies involved in implementing the Program;
(3) Recommendations for legislation and regulations to improve implementation of the Program;
(4) A survey of other State and local efforts to abate lead hazards which might provide models for improvements to this Program.
(Added by Ord. 376-92, App. 12/23/92)
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