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REGULATION NO. 2-72
REGULATION TOLEDO BOARD OF HEALTH
Residential and occupancy hygiene relating to labeling, application and removal of lead paint.
1.01. It is hereby found that there exist and may in the future exist within the City of Toledo premises, dwellings, dwelling units, rooming units or facilities occupied or used by children which their maintenance use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well being of persons and families), safety and general welfare, as affected by lead paint interiors. The application of lead paint to toys and furniture within the above named dwelling units constitutes a like hazard.
1.02. Purposes:It is hereby declared that the purpose of this regulation is to protect, preserve and promote the physical and mental health and social well-being of the people to prevent and control incidence of lead poisoning, to regulate privately and publicly owned dwellings containing these hazards and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings. It is hereby further declared that the purpose of this regulation is to ensure the quality of interior painted surfaces, toys and furniture as adequate for protection of public health, safety and general welfare including establishment of maximum standard for lead paints for safety from lead poisoning.
1.03. Title: This regulation shall be known and may be cited as the Lead Paint Poisoning Regulation A 1-72 of the Toledo District Board of Health of the City of Toledo. The following definitions shall apply in the interpretation and enforcement of this regulation.
2.01.Approved shall mean approved by the Commissioner of Health in accordance with rules and regulations established herein.
2.02.Commissioner shall mean the legally designated Commissioner of Health of the City of Toledo or his authorized representative.
2.03.Dwelling shall mean any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.
2.04.Dwelling unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
2.05.Meaning of certain words: Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", "structure" are used in this regulation, they shall be construed as though they were followed by the words "or any part thereof." Words in the singular include the plural and the plural, the singular. The masculine gender includes the feminine and the feminine, the masculine.
2.06.Occupant shall mean any person over 6 months of age, living, sleeping, cooking or eating in, or actually having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.
2.07.Operator shall mean any person who has charge, care, control or management of a multiple dwelling or part thereof, in which dwelling units or rooming units are let.
2.08.Ordinary summer conditions shall mean a temperature 10° F below the highest recorded temperature in the locality for the prior ten (10) year period. Ordinary winter conditions shall mean a temperature 15° F above the lowest recorded temperature in the locality for the prior ten (10) year period. Owner shall mean any person who, alone or jointly or severally with others: (a) shall have legal or equitable title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or (b) shall have charge, care of, or control of any dwelling or dwelling unit as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this regulation, and the rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
2.09.Person shall mean and include any individual, firm, corporation, association or partnership.
2.10.Rehabilitation area shall mean an area in the City of Toledo consisting of one block or more within which systematic rehabilitation is necessary, and/or being performed to promote and protect public health, safety and welfare.
2.11.Rooming house shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator for living or sleeping, but not for cooking or eating purposes.
2.12.Rooming unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
2.12.1.Facility: any building or structure and equipment therein.
2.13.Safety shall mean the condition of being free from danger and hazards which accidents or disease.
2.14.Supplied shall mean paid for, furnished or provided by or under the control of the owner or operator.
2.15.Systematic rehabilitation shall mean the inspection of all dwellings, dwelling units, and premises within a rehabilitation area for the purposes of finding all violations of this chapter and the elimination of all such violations in accordance with the provisions of this regulation.
2.16.Temporary housing shall mean any trailer, mobile home, or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utility system on the same premises for more than thirty-one (31) consecutive days.
2.17.Lead paint: Any pigmented, liquid substance applied to surfaces by brush, roller or spray in which the total non-volatile ingredients contain more than 5/10 of one percent of lead by weight, calculated as metallic lead by end of 1972, and 6/100 of one percent by end of 1973, and/or as outlined by FDA requirements.
Prohibited use of lead paint
No person shall apply lead paint to toys, furniture or the interior surfaces of any dwelling, dwelling unit, rooming house, rooming unit or facility occupied or used by children. Such interior surfaces include but are not limited to window sills, window frames, doors, door frames, walls, ceilings, stair rails and spindles, or other appurtenances.
Prohibited handling of toys or furniture to which lead paint has been applied
No person shall sell, transfer or deliver toys or furniture to which lead paint has been applied.
Labeling of lead paint
No person shall store, sell or transfer for retail purposes a lead paint unless the container used in retail trade bears a warning statement which shall be an integral part of the label and shall be placed in a conspicuous place on the immediate container of such paint and shall be printed in letters which are legible and in conspicuous contrast with other printing appearing on the container. The statement shall be in substantial conformance with state and federal laws and regulations and recommended standards of the Federal Hazardous Substances Labeling Act and shall further conform in wording and type style and size as follows or shall be an approved equivalent: (Type size & style)
HARMFUL IF EATEN
Do not apply on toys, furniture, window sills or other interior surface of any dwelling or facility which may be occupied or used by children. Keep away from heat and open flame. Avoid prolonged contact with skin and breathing of vapor or spray mist. Close container after each use. (USE WITH ADEQUATEVENTILATION)
KEEP OUT OF THE REACH OF CHILDREN
This warning statement shall also be required on accompanying literature including directions for use, where tinting or coloring added to paint at the point of sale produces a final paint product with more than 5/10 of one percent lead by end of 1972 and 6/100 of one percent lead by end of 1973.
Labels on containers of lead paint manufactured prior to the effective date of the regulation shall be made to conform with the above labeling requirements by the application of a separate warning label which shall be affixed directly upon the existing label. Provided, however, that after one year from the effective date of these regulations the warning shall be an integral part of the label on the container.
Removal of lead paint
Where the Commissioner determines that the presence of lead paint upon any premises creates a health hazard to children, he shall issue an order to the owner or occupant to eliminate the hazard. Lead paint shall be completely removed from any surface which can be chewed or eaten by children. Cracked, chipped, blistered or peeling lead paint shall be completely removed. The lead paint ordered to be removed shall be completely removed to the bare surface under such safety conditions as may be approved by the Commissioner. In lieu of removal of the lead paint, the accessible surface shall be covered with an approved durable material. Repainting a surface with a non-leaded paint without the complete removal of the existing lead paint shall not be deemed to be satisfactory compliance with this section.
The methods used for the removal of lead 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 and safety standards and practices of the City of Toledo, state and federal agencies.
Effect of partial invalidity
If any section, sub-section, sentence, clause or phrase of this rule and regulation is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this rule and regulation shall not be affected thereby.
This regulation shall be enforced by the Commissioner in accordance with Section 3707.48 of the Revised Code of the State of Ohio which reads: "No person shall violate Sections 3707.01 to 3707.53 inclusive, of the Revised Code, or any order or regulation of the Board of Health of a city or general health district made in pursuance thereof, obstruct or interfere with the execution of such order, or willfully or illegally omit to obey such order."
Each and every violation of this rule and regulation shall constitute a separate offense. Violation of this rule and regulation is punishable by Section 3707.99, Division (C) of the Revised Code of the State of Ohio, which states: "Whoever violates Section 3707.48 or 3707.50 of the Revised Code shall be fined not more than One Hundred Dollars ($100.00) or imprisoned not more than ninety (90) days, or both. No person shall be imprisoned under Division (C) of this Section for the first offense, and the prosecution shall always be as and for a first offense unless the affidavit upon which the prosecution is instituted contains the allegation that the offense is a second and repeated offense."
That this regulation is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage. The reason for the emergency lies in the fact that this regulation is necessary for the immediate preservation of the public health and safety.
Vote on emergency clause: yeas 4, nays 0.
Passed: July 11, 1972, yeas 4, nays 0.
Burton R. MacRitchie,
Dr. Saul R. Kelson,