(a) Definitions.
(1) A "lead based paint hazard" exists when an interior or exterior surface coated with lead based paint is readily accessible to and chewable by children under six years of age even though such surface is intact and its integrity is uninterrupted, or when the integrity of a surface containing lead based paint is inter-rupted or not intact.
(2) For purposes of this section, "emergency health condition" means an instance where a child under six years of age is found to have, in two successive tests within thirty days, a blood lead content equal to or exceeding thirty micrograms per deciliter of whole blood and/or an erythrocyte protoporphyrin level equal to or greater than fifty micrograms per deciliter in conjunction with the existence of lead or a lead based paint hazard on the premises where such child resides or spends considerable time.
(b) No owner or occupant shall apply a lead based paint or other toxic substance to any surface in any dwelling, dwelling unit, rooming house and/or rooming unit, dormitory or accessory structure or any part thereof.
(c) Every owner of a dwelling, dwelling unit, rooming house and/or rooming unit, dormitory, child care facility or related structure, factory, warehouse or establishment selling or displaying paints or similar surface coatings, toys, furniture, cooking, eating or drinking utensils or other household items, shall maintain such dwelling, dwelling unit, rooming house and/or rooming unit, dormitory, child care facility or related structure, factory, warehouse or establishment selling or displaying paints or similar surface coatings, toys, furniture, cooking, eating or drinking utensils or other household items free from hazards to health due to the presence of lead based paint or other toxic substances. Termination of occupancy of any such structure and/or unit shall not constitute compliance with the requirements of this section.
(d) Any owner and any occupant of a dwelling, dwelling unit, rooming house, rooming house unit, dormitory, child care facility or related structure, factory, warehouse or establishment selling or displaying paints or similar surface coatings, toys, furniture, cooking, eating or drinking utensils or other household items, shall eliminate such hazard according to the abatement procedures and responsibilities set forth herein.
(1) Owners and/or occupants shall be responsible for emergency measures to temporary abate lead based paint hazards until permanent abatement of such hazards is completed. Emergency hazard abatement includes scraping off and removing all peeling, chipped and readily accessible lead based paint, or covering such areas with adhesive backed paper, masking tape or similar materials. Emergency hazard abatement shall also include sweeping and wet-mopping floors to remove dust.
(2) Owners shall be responsible for permanent abatement of lead based paint hazards according to the following procedures:
Lead based paint on accessible surfaces shall be scraped to the bare wood at least one inch from the edge and in the case of doors, door frames and similar surfaces, to a height of five feet before repainting. Such surfaces may be replaced in lieu of scraping to the bare wood.
Surfaces containing lead based paint which is not intact shall be scraped and primed.
Where lead is detected in the soil around a house or accessory structures, the soil shall be removed in contaminated areas to a depth of six inches in strips of twenty-four inches. Soil containing lead shall be removed from the premises and disposed of in an area not accessible to children. In the alternative, the soil shall be turned over and sodded with grass or the surface paved with blacktop or concrete.
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 of Ohio and Federal government.
(e) Upon determination that an emergency health condition exists, the Commissioner or his designated representative shall cause an emergency order to abate such condition to be issued to the person or persons responsible for abatement of such condition as set forth in subsection (d) hereof. Upon failure by such responsible person or persons to comply with such emergency order to abate, within the time specified for compliance in such order, the Commissioner or his designated representative may immediately take or cause to be taken whatever reasonable actions as are necessary to abate the emergency health condition.
The total cost of abatement actions taken or caused to be taken by the Commissioner or his designated representative pursuant to this section may be collected by the Toledo Health Department by any of the following methods:
(1) The Toledo Health Department may commence a civil action to recover the total costs from the person or persons responsible for the property where the emergency health condition exists.
(2) The Toledo Health Department may certify the total cost of any such abatement actions, together with a proper description of the property affected, to the County Auditor who shall place the costs on the tax duplicate. The costs are a lien upon such property from and after the date of entry. The costs shall be collected as other taxes and returned to the Toledo Health Department.
(3) As used in this section, "total cost" means any costs incurred due to the use of employees, materials or equipment of the Toledo Health Department, any costs arising out of contracts for labor, materials or equipment and costs of service of notice or publication required under this section.
(f) Where two successive tests within thirty days show that a child under six years of age has a blood lead content equal to or exceeding thirty micrograms per deciliter of whole blood and/or an erythrocyte protoporphyrin level equal to or greater than fifty micrograms per deciliter, these findings shall be immediately reported to the Toledo Health Department (Housing Bureau). The reports shall be made by the physician in attendance. Whenever a laboratory examination of a blood sample from a child under age six shows test results of thirty micrograms or more of lead per deciliter of whole blood, the person in charge of the laboratory shall immediately submit to the Health Department (Housing Bureau) a report containing the test results, the patient's name and the name of the physician, clinic or other medical facility requesting the laboratory examination. The required reports shall be in writing on forms prescribed and furnished by the Commissioner. These reports shall contain the patient's name and address and the blood lead level and/or the erythrocyte protoporphyrin level.
(g) For purposes of enforcing this section, the Commissioner or his designated representative may, upon presenting appropriate credentials to the owner or occupant, operator or agent in charge, inspect any dwelling, dwelling unit, rooming house and/or rooming unit, dormitory, child care facility or related structure, factory, warehouse or establishment selling or displaying paints or similar surface coatings, toys, furniture, cooking, eating or drinking utensils or other household items.
(1952 Code § 40-1-8.2; Ord. 118-79)