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(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)
DIVISION III
EDUCATION AND NOTICE
EDUCATION AND NOTICE
(a) The Director shall prepare an Informational Bulletin about lead poisoning problems, screening and testing for elevated blood lead levels, the procedures for lead control and hazard reduction, how to obtain additional information on the topic, and the obligations imposed by this ordinance. The Director may amend the Informational Bulletin from time to time as he or she deems appropriate and shall review the bulletin at least annually to determine whether amendments are appropriate.
(b) The Director shall prepare a Pre-1978 Hazard Notice form for owners and occupants of residential property. The notice shall contain information on lead hazards, a warning that dwelling units constructed before 1978 may contain lead hazards, and shall provide a phone number to call for additional information. The notice shall be written in at least six languages, including English, and shall state in English that the document contains important health information for property owners and tenants.
(c) The Director shall prepare an Affidavit form for property owners to attest that they have provided copies of the Pre-1978 Hazard Notice to tenants as required by Section 1616. The Director shall provide copies of the Pre-1978 Hazard Notice and Affidavit forms to owners and tenants upon request.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
(a) The Director shall prepare a pamphlet to notify purchasers of home improvement products of techniques to lower the risk of lead hazards associated with painting and home remodeling. Copies of the pamphlet shall be provided to retail establishments which sell home improvement products, such as building materials, paints, and hardware, the use of which, in the Director's discretion, may pose a risk of exposure to lead hazards. The pamphlet shall be produced in multiple languages and provided to retail establishments in English and in other languages appropriate for the local community.
(b) The Director shall prepare a sign which makes the following statement, or a substantially equivalent statement, in large or boldface capital letters no less than one-half inch in size:
"PAINTING AND REMODELING CAN
EXPOSE YOUR FAMILY TO LEAD.
ASK FOR A FREE PAMPHLET ON
LEAD-BASED PAINT HAZARDS."
EXPOSE YOUR FAMILY TO LEAD.
ASK FOR A FREE PAMPHLET ON
LEAD-BASED PAINT HAZARDS."
(c) The owner and the manager or operator of every retail store which sells home improvement products, including but not limited to, paint and paint removal products, construction and building materials, and tools and hardware, shall conspicuously post the sign prepared by the Director, or a sign of substantially the same size and typeface, and using the same language.
(d) Every store owner or manager subject to the requirement of Section 1610.1(c) shall maintain a supply of the pamphlets prepared and supplied by the Director. The pamphlets shall be prominently displayed and provided upon request to customers or other invitees.
(e) The Director may prepare signs and pamphlets in other languages to comply with the requirements of this Section. Notwithstanding any other provisions of this Section, the required signs and pamphlets, or multiple signs and pamphlets, shall be posted, displayed and provided to customers and invitees in languages other than English when such signs and pamphlets are supplied by the Director.
(Added by Ord. 409-96, App. 10/21/96)
(a) The Director shall engage in an outreach program to inform the public about lead poisoning problems and steps the public can take to learn more about screening and testing services.
(b) The Director shall provide copies the Informational Bulletin to each physician who provides CHDP services in the City with a request that the physician provide the information to parents and guardians of children when the children are enrolled in the CHDP program.
(c) The Director shall provide the Informational Bulletin to the San Francisco Unified School District with a request that the District provide the information to parents on a regular basis of no less than once every six months.
(d) The Director shall provide the Informational Bulletin to persons who request a copy of a birth certificate for a child under six years of age.
(e) The Director shall provide the Informational Bulletin to the Department of Social Services, the Recreation and Park Department, the Library Commission, and other departments that the Director deems appropriate with a written directive that these departments implement a program designed to provide the information to children and parents involved in programs that they sponsor. Each City department shall comply with this directive.
(f) The Director shall provide the Informational Bulletin to the Head Start program with a request that it provide parents and guardians of children enrolled in Head Start programs with the information.
(g) The Director shall adopt and implement a program designed to disseminate the Informational Bulletin to pregnant women by any means that the Director determines appropriate.
(h) The Director shall make the Informational Bulletin available to persons who use City health care facilities.
(i) The Director shall make the Informational Bulletin available to physicians and health care facilities who have any contact with women of childbearing age, pregnant women, or families so that they may place the bulletin in publicly accessible areas for their patients. The Director shall take any steps that he or she determines reasonable to notify physicians and health care facilities of the availability of the information and to encourage its dissemination, including requesting the assistance of the San Francisco Medical Society.
(j) The Director shall provide the Informational Bulletin to the Mayor's Office of Children, Youth and Their Families with a written directive that it:
(1) Provide the Informational Bulletin to San Francisco's State-funded resource and referral agencies;
(2) Request these agencies to feature the Informational Bulletin once a year in either an agency newsletter or other communication with providers and the public;
(3) Request that these agencies distribute the Informational Bulletin to every licensed childcare facility who in turn are requested to give the bulletin to parents of children enrolled in their program at least once a year.
The Mayor's Office of Children, Youth and Their Families shall comply with this directive.
(k) The Director shall provide the Informational Bulletin to the San Francisco Association of Realtors with a request that the Association make it available to members of the Association and other persons in the real estate community.
(l) The Director may charge a reasonable fee to persons who request a copy of the Informational Bulletin.
(Added by Ord. 376-92, App. 12/23/92)
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