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(a) Within 90 days of the effective date of this ordinance, the Director shall issue guidelines identifying various types, conditions or characteristics of City property which may create a risk of lead exposure to children. The Director shall notify every City department once these guidelines are issued. Each City department with jurisdiction over such property shall undertake assessment or lead testing, or both, of such property in compliance with the guidelines. The guidelines may identify the manner in which any testing is to be performed. All departments are required to report their findings to the Director.
(b) Each department of the City shall comply with the Director's guidelines.
(c) The Director shall take whatever actions he or she deems appropriate in order to provide public notice of the risks of using, or to prevent or restrict access to, properties which have been assessed or tested pursuant to this Section. The Director may require departments to adopt and implement a remediation plan for these properties that complies with State and federal law.
(Added by Ord. 376-92, App. 12/23/92)
DIVISION VI
PRIORITY AREAS
PRIORITY AREAS
(a) Within one year from the effective date of this ordinance, the Director shall develop a program to delineate geographical areas within the City, to be known as Priority Areas. To the extent allowed by law, the Director and all City departments shall direct their resources to provide Priority Areas with the highest priority for primary prevention services, screening, lead hazard reduction efforts, inspections, loans, loan guarantees or grants.
(b) In delineating Priority Areas the Director shall consider the following factors for particular geographic areas, along with such other factors as he or she deems relevant to the presence of significant levels of environmental lead within the City:
(1) The number and severity of cases of elevated blood lead level children;
(2) The age and condition of dwelling units;
(3) The results of any inspections carried out pursuant to Section 1626;
(4) Income levels;
(5) The historic and current presence of known sources of lead such as highways or industrial facilities.
(c) The Director shall publish a list of the Priority Areas, and make a map of such areas available to the public without charge.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
(a) For the purposes of this Section, "non-housing site" means a parcel of land, other than land owned by an agency of the State or federal governments, that is one of the following:
(1) An abandoned factory site, auto wrecking yard or dump site;
(2) Open space or a park intended for use by children;
(3) A vacant lot containing an attractive nuisance to children; or
(4) Any other parcel of land that does not contain at least one dwelling unit, and which the Director has determined may constitute a lead hazard to children.
(b) In making a determination under Subparagraph (a)(4) of this Section, the Director shall consider the potential for lead contamination on the site, accessibility to the site by children, and whether the site is in a Priority Area as determined pursuant to Section 1624. The Director may also consider any other factors which he or she deems relevant to the presence of significant levels of environmental lead within the City.
(c) Within one year from the effective date of this ordinance the Director shall develop and implement a program to identify all non-housing sites within the City which are likely to expose children to lead hazards, to be known as lead hazard sites. The Director shall provide public notice of each lead hazard site to the community in which the site is located. The notice shall describe the lead hazard site, the hazard to children, the steps the Department intends to take to reduce lead hazard exposure and the timetable for taking those steps. The notice shall include a contact person in the Department of Public Health.
(d) The Director is authorized to require the owner of any non-housing site that contains more than 10 square feet of bare soil and is either: (1) accessible to children; or (2) a site at which children have been known to play or walk through, to comply with the requirements of Subsection (e) following written notice from the Director.
(e) The owner of any non-housing site who has received written notice from the Director pursuant to Subsection (d) shall, within 60 days of receiving such notice, take one of the following measures:
(1) Permit the Director to enter the site and test the topsoil for total lead; or
(2) Provide to the Director representative topsoil testing results of the site that have been analyzed by an accredited laboratory to establish the absence of any lead hazard; or
(3) Prevent access to the site through appropriate means such as fencing; or
(4) Permanently remediate any lead hazards present in accessible bare soil at the site in a manner that is acceptable to the Director.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96; Ord. 448-97, App. 12/5/97)
DIVISION VII
INVESTIGATION AND ORDER AUTHORITY
INVESTIGATION AND ORDER AUTHORITY
(a) Whenever the Director determines that a lead-poisoned child resides in the City and County of San Francisco, the Director may inspect:
(1) The dwelling unit in which the affected child currently resides, and;
(2) Any dwelling unit in which the affected child resided or received family day care during the six-month period prior to the Director's initial determination.
(b) Whenever the Director determines that a lead-poisoned child spends a substantial amount of time at any location other than a dwelling unit, and that such building or premises may cause or contribute to the child's elevated blood lead level, the Director may inspect that building or premises to the extent allowed by law. The Director shall notify the owner or manager of such location of any discovered lead hazards and shall notify the users or occupants by posting a notice of his/her findings at the premises.
(c) Every inspection shall include sampling for the presence of environmental lead as deemed necessary and appropriate by the Director, provided that, the Director shall use the most current guidance from the United States Department of Housing and Urban Development and the United States Environmental Protection Agency to determine appropriate sampling and testing methods. All bulk samples gathered during an inspection shall be tested by an accredited laboratory.
(d) The Director shall provide the results of any sampling to the parent or guardian of the affected child and to the owner of the dwelling unit, if different than such parent or guardian, and to the owner or manager of any nonresidential premises inspected under this Article, along with the Director's requirements for control or elimination of lead hazards. The Director shall also provide sample results to the Director of the Department of Building Inspection.
(e) If the results of an inspection under Subsection (a) indicate lead hazards, the Director shall notify all residential occupants of the building of the test results.
(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)
The Director of the Department of Building Inspection shall appoint a representative who for purposes under this Article shall consult with the Director to identify any factors contributing to lead hazards which may be Housing Code or Building Code violations.
(Added by Ord. 409-96, App. 10/21/96)
(a) All dwelling units or nonresidential premises which have been inspected pursuant to Section 1626, and which contain lead hazards as determined by the Director, are hereby declared to be and are nuisances. The Director is hereby authorized and empowered to abate any such nuisance by issuance of an order as set forth in this Article, or by taking such other actions as authorized by law. Every order issued pursuant to this Article shall require the performance of such lead hazard remediation techniques as may be necessary in the Director's discretion to control, reduce or eliminate lead hazards and to abate any nuisance caused by such hazards. Every such order shall include a schedule for the performance of all lead hazard reduction or control activities, including abatement of Housing and/or Building Code violations which cause or contribute to the nuisance. The schedule shall reflect time allocated for the required public hearing under Section 1631.
(1) Every Section 1628(a) order issued to the owner or manager of a dwelling unit shall state, in boldface type of at least 12 points, the following warning:
WARNING! Sections 17274 and 24436.5 of the Calif. Revenue and Taxation Code provide that a taxpayer who derives rental income from housing determined by the San Francisco Department of Public Health or by the San Francisco Department of Building Inspection to be substandard by reason of violation of state or local codes dealing with housing, building, health, or safety, cannot deduct from state personal income taxes and bank and corporate income taxes any deductions for interest, taxes, depreciation, or amortization attributable to such substandard housing, where the substandard conditions are not corrected within six months after notice of violation.
(b) Any lead hazard remediation technique which the Director determines necessary to eliminate lead hazards must be substantially completed within 14 days of the effective date of the order, except that activities which require the owner or manager to obtain permits and/or contractors, must be substantially completed within 30 days of the effective date of the order. For the purposes of this Section, the term "substantially completed" shall include but not be limited to obtaining estimates, applying for permits, hiring contractors and to the extent reasonably possible, conducting the activities specified by the order.
(c) The Director's order may limit the performance of specified lead hazard remediation techniques to certified or licensed contractors.
(d) Upon request of the Director, the consultant(s) appointed under Section 1627 shall prepare and submit a plan outlining any identified Housing or Building Code violations in a building, premises or dwelling unit subject to inspection under this Article, concluding whether such violations cause or contribute to lead hazards identified by the Director, and indicating the measures necessary to eliminate the hazards. The Director may incorporate the Consultant's conclusions in any order issued under this Article.
(e) The Director may require that the owner/manager obtain a building permit from the Department of Building Inspection for certain activities to complete the order.
(f) All orders issued under this Section shall require the least invasive, lowest-cost lead hazard remediation techniques available to abate the nuisance created by lead hazards, provided that the use of any such remediation technique is effective to protect the lead-poisoned child from exposure to lead hazards for the period ordered by the Director.
(g) The Director may review any order issued under this Article with the owner or manager at the site of the inspection.
(h) Every person subject to an investigation or other enforcement action pursuant to the provisions of this Article shall pay an inspection and administrative fee to cover the costs of inspection, sampling, testing, and administrative time. The inspection fee shall equal $85 per hour of Department of Public Health staff time spent during inspection or periodic surveillance, plus the actual cost of any equipment, supplies, laboratory fees, all tenant relocation costs and any other costs required to bring the dwelling into compliance with an order issued by the Director under this Section.
(i) All orders issued under this Section must be written in the appropriate language(s) of the affected tenant(s) and owner or manager.
(j) All orders issued under this Section to the owner of a dwelling unit shall require the owner to notify future occupants, purchasers or transferees of the contents of the order, and whether the dwelling unit is in compliance with the order at the time of transfer or lease.
(k) An owner or manager issued orders under this Section must comply with all applicable federal, State or local laws regarding lead hazard remediation techniques.
(l) In any judicial or administrative proceeding, it shall not be a defense to an order issued under the Housing Code, Building Code or Health Code that the condition of the building or dwelling was not a cause or contributing factor to the child's blood lead level.
(m) All orders issued under this Section shall require the owner to provide adequate protection to occupants against lead hazards, including vacation of the building or dwelling unit, if necessary in the Director's discretion. The Director may delete a vacation requirement at the request of any party upon approval of a workplan specifying work processes, performance controls, and engineering and access controls that will ensure occupant safety during lead hazard reduction work.
(Added by Ord. 409-96, App. 10/21/96)
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