Pasadena Municipal Code Ch. 8.79 Childhood Lead Hazards Reduction Ordinance

This chapter shall be known as the "childhood lead hazard reduction ordinance."

(Ord. 6646 § 1 (part), 1995)

Based on information provided by the Pasadena public health department, the city council finds that low-level lead poisoning is a significant toxicological hazard for children in the Pasadena area, with minority and low-income communities disproportionately affected. At low levels, lead poisoning in children causes intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavior problems. In fiscal year 1994, of 850 Pasadena children screened, 153 were identified with elevated levels of lead in the blood after two consecutive blood-lead screening tests. Because of screening tests mandated by state law, the public health department must now handle an increasing number of cases requiring case management and environmental assessment. The purpose of this chapter is to provide a mechanism for handling identified cases of children under the age of 6 with an elevated blood lead level of at least 15 micrograms per deciliter of blood. This will entail conducting medical case management, environmental assessment and enforcement activities to eliminate the lead hazards to the child.

(Ord. 6646 § 1 (part), 1995)

A. "Lead hazard reduction" means measures designed to eliminate known lead hazards to a child, including, but not limited to, the following:

1. Enclosure or encapsulation of lead-based paint; replacement of lead-based painted surfaces or plumbing fixtures; removal of lead-based paint on painted surfaces;

2. Removal or covering of lead-contaminated soil and dust;

3. Removal of any item found to be a lead hazard to a child;

4. All preparation, cleanup, worker protection, disposal, and post lead hazard reduction clearance testing activities associated with such measures.

B. "Enclosure" means a method of lead hazard reduction that involves the resurfacing or covering of surfaces with durable materials such as gypsum board or paneling, and sealing or caulking the edges and joints so as to prevent or control caulking, flaking, peeling, scaling or loose lead-based paint from becoming part of house dust or otherwise accessible to children.

C. "Encapsulation" means a method of lead hazard reduction that involves the resurfacing or covering surfaces with such substances, including paints, as are approved as encapsulants under Section 402(a) of Title IV of the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and sealing or caulking with durable materials, to prevent or control the creation of lead exposure hazards.

D. "Replacement" means a method of lead hazard reduction that removes components such as windows, doors and trim that have lead-based painted surfaces identified to be the source of the lead hazard to the child, and installs new or deleaded components free of lead-based paint.

E. "Child" means any minor under 6 years of age.

F. "Child care facility" means any structure or portion thereof, or equipment used as a residence, school, nursery, day care center, clinic, treatment center or other facility catering to the needs of children, including any outbuilding, soil, fencing, recreational equipment or other structure used in conjunction therewith.

G. "Dangerous levels of lead-containing substances" means any soil, dust, water, food, household and cosmetic products, pottery, folk remedies, hobby items, paint, varnish, lacquer, putty, plaster, or similar coating or structural material which contains lead or its compounds in a quantity, when measured by any approved laboratory analytical method, determined by the health officer to constitute a lead hazard to children; or that level as determined in the most recent standards as established by the California Department of Health Services.

H. "Elevated blood-lead level" means two consecutive confirmed blood-lead level tests of at least 15 micrograms per deciliter of blood, or that level as determined in the most recent standards as established by the California Department of Health Services, or the health officer of the city.

I. "Historically significant building" means any of the following:

1. A landmark or Pasadena historic treasure designated according to the provisions of Section 2.75.140 in the Cultural Heritage Commission Ordinance;

2. A building or structure that contributes to a designated landmark district;

3. A building or structure that is listed in the National Register of Historic Places, either individually or as a contributing element to a district or to a thematic category designation;

4. A building or structure that is eligible for designation as a landmark or as a Pasadena historic treasure or is a contributing element to a potential landmark district;

5. A building or structure that is eligible for nomination to the National Register of Historic Places, either individually or as a contributing element to a district or to a thematic category designation.

J. "Interim controls" means a set of measures designed to temporarily reduce a lead hazard to a child, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs.

K. "Lead-based paint" means any paint or other surface coatings that contain lead in excess of 1.0 milligram per centimeter squared (mg PB/cm 2 ) as measured by x-ray fluorescence detector, 0.5 percent by weight as measured by approved laboratory analytical methods, or that level as determined in the most recent standards as established by the U.S. Environmental Protection Agency.

L. "Lead hazards to children" means the presence of a readily accessible, dangerous level of lead-containing substance on the exterior or interior of a surface, plumbing fixture, connection or appurtenances of any dwelling, dwelling unit, roominghouse, child care facility, institution, hotel guest room, or any premises inhabited or frequented by children identified as the cause of an elevated blood lead level in a child.

M. "Readily accessible" means any dangerous level of lead-containing substance which is in a peeling, flaking or chipped condition, or located on or in a substance or surface from which it may be chewed, ingested or inhaled by children.

(Ord. 6646 § 1 (part), 1995)

It is declared unlawful and a misdemeanor for any person owning, leasing, occupying or having charge or possession of any premises:

A. To refuse or neglect to remove or reduce known lead hazards to a child if ordered to so do by the health officer or a registered environmental health specialist;

B. To damage, disturb, neglect or remove any lead hazard reduction measure or interim control measures so as to cause a lead hazard to a child;

C. To permit readily accessible, dangerous levels of lead-containing substances to remain on any toy, furniture, food container or utensil, household product, or the exterior or interior surfaces, soil, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, roominghouse, or any premises inhabited or frequented by children; and

D. To sell, offer for sale, display for sale, hold for sale, give away, apply, maintain on any surface accessible to children, or cause to be applied any paint in excess of 0.06 percent lead by weight for use on interior or exterior surfaces, plumbing fixtures or appurtenances of any dwelling, dwelling unit, institution, hotel guest room, recreational facilities or equipment, furniture, cooking, eating, drinking utensils, or other household items.

(Ord. 6646 § 1 (part), 1995)

A. In accordance with Sections 1.30.010 and 1.30.020 of the code, the city health officer or a registered environmental health specialist shall commence enforcement under this chapter by inspecting premises inhabited or frequented by a child with an elevated blood lead level for the purpose of conducting case management, environmental assessment and enforcement.

B. If the inspection establishes the presence of lead-containing substances which is the source of the lead-hazard to the child, the inspector shall issue an order to eliminate the hazard to the property owner, or to an agent of such owner.

C. The inspector may also issue interim control measures until permanent lead hazard reduction measures are in place.

D. If lead hazard reduction measures are necessary in a historically significant building, the order to eliminate the hazard must be reviewed and approved by the director of planning and community development in advance of corrective actions. Interim or abatement control measures of lead-contaminated exterior surfaces or exterior elements of historically significant buildings must comply with the Standards for Rehabilitation of Historic Buildings developed by the U.S. Secretary of the Interior.

(Ord. 6646 § 1 (part), 1995)

(Ord. No. 7364, § 11, 5-18-2020)

A. Prior to implementation of a lead hazard reduction workplan or interim control measures, property owners, or their agents must submit such plans for approval to the health officer or a registered environmental health specialist.

B. The workplan shall include a description of the method to be used to reduce the hazard to the child; the disposal method for the lead-containing substances; the personnel performing the work; verification that the building is not a historically significant building and other information requested by the health officer or registered environmental health specialist.

(Ord. 6646 § 1 (part), 1995)

The following structures are exempt from this chapter:

A. Housing or portions thereof built after 1978;

B. Housing reserved for the elderly; and

C. Commercial buildings, except those portions that children frequent or inhabit.

(Ord. 6646 § 1 (part), 1995)