The purpose of this Chapter is to require the removal of lead hazards when the Health Officer has found that a child under six years of age has an elevated blood lead level as a result of such a hazard. (Ord. C-7367 § 1, 1995).

This Chapter shall apply to any dwelling, dwelling unit, hotel, motel, guest room, child care facility, institution, yard, soil, or any premises or areas inhabited or frequented by children. The property owner or responsible party shall be responsible for the removal or the control of any lead hazard. The extent of the removal or the control of the lead hazard shall be determined by the City Health Officer or his/her representative and completed in accordance with approved State or Federal methods. (Ord. C-7367 § 1, 1995).

A. “Abatement” shall mean measures designed to permanently eliminate known lead hazards to a child, including, but not limited to the following:
1. The removal of lead-based paint from a building component, the replacement of a building component painted with a lead-based paint or the enclosure or encapsulation of lead-based paint.
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, clean-up, worker protection, disposal and post abatement clearance testing activities associated with such measures.
B. “Child” means any person who is under six years of age.
C. “Materials containing dangerous levels of lead-containing substances” means any soil, dust, water, food, household and cosmetic products, pottery, folk remedies, hobby items, paint, varnish, or other material which contains lead or its compounds in a quantity, when measured by any scientifically accepted 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 U.S. Department of Health and Human Services, U.S. Department of Housing and Urban Development, Centers for Disease Control and Prevention, the U.S. Environmental Protection Agency, or the California Department of Health Services.
D. “Elevated blood level for lead” means a confirmed blood level of twenty micrograms of lead or greater per deciliter of venous blood, or two consecutive confirmed blood lead levels of fifteen micrograms per deciliter within three months, or that level as determined in the standards as established by the United States Department of Health and Human Services, the Centers for Disease Control and Prevention, the California State Department of Health Services, or the Health Officer for the City of Long Beach.
E. “Encapsulation” means a method of abatement that involves the coating and sealing of surfaces with durable surface coatings specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-based paint from becoming part of house dust or otherwise accessible to children. Paint is not an encapsulant unless approved for such use by the U.S. Environmental Protection Agency or the City Health Officer.
F. “Enclosure” means a method of abatement 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.
G. “Interim controls” means strategies or measures to temporarily reduce a lead hazard to a child including, but not limited to specialized cleaning, paint stabilization, painting, repairs and maintenance.
H. “Lead-based paint” means any paint or other surface coating that contains lead in excess of 1.0 milligrams per square centimeter, as measured by x-ray fluorescence (XRF), or 0.5 percent (5,000 parts per million [ppm]) 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.
I. “Lead hazard control” means a range of measures through abatement or interim controls to control lead hazards to children.
J. “Lead hazards to children” shall mean the presence of a readily accessible, dangerous level of lead-containing substance on the exterior or interior of a surface, fixture, connection or appurtenance of any dwelling, dwelling unit, hotel, motel, guest room, child care facility, institution, yard, soil or any premises inhabited or frequented by children that may cause an elevated blood lead level.
K. “Readily accessible” means in a dusty, 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.
L. “Replacement” means a method of abatement that removes components such as windows, doors and trim that have lead-based painted surfaces, and installs new or de-leaded components free of lead-based paint. (Ord. C-7367 § 1, 1995).

The Health Officer or his/her representative is empowered to enter any premises or area inhabited or frequented by a child with an elevated blood lead level for the purpose of inspection, sampling, and enforcement of the provisions of this Chapter, subject to any applicable requirements of law relating to such entry. (Ord. C-7367 § 1, 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 do so by the Health Officer or his/her representative; or
B. To damage, disturb, neglect or remove any abatement or interim control measures so as to cause a lead hazard to a child; or
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, rooming house, or any premises inhabited or frequented by children; or
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% lead by weight for use on interior or exterior surfaces, 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. C-7367 § 1, 1995).

The City Health Officer or his/her representative shall commence enforcement under this Ordinance by inspecting premises inhabited or frequented by a child with an elevated blood lead level for the purpose of environmental assessment and enforcement.
A. If the inspection establishes the presence of lead-containing substances which have created a lead hazard to the child, the Health Officer or his/her agent shall issue an order to eliminate the hazard to the property owner, an agent of such owner, or the occupant of the premises.
B. The Health Officer or his/her agent may also issue interim control measures until permanent abatement measures are in place. (Ord. C-7367 § 1, 1995).

A. Prior to implementation of an abatement work plan or interim control measures, property owners, their agents, or occupants of the premises must submit such plans for approval to the Health Officer or his/her representative.
B. The work plan 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; and other information requested by the Health Officer or his/her representative. (Ord. C-7367 § 1, 1995).

All individuals hired or employed by an owner, agent, or responsible party to perform lead-related construction, hazard control, removal, or abatement within the City must have a State of California Interim Certification, or Health Services Permanent Certification when such certification is available through the California State Department of Health Services. (Ord. C-7367 § 1, 1995).

Within ten days after notice by the Health Officer, his/her Deputy, or other designated officer, the affected person may appeal a perceived incorrect measurement or procedure to the Director of the Department of Health and Human Services. The Director of the Department of Health and Human Services may sustain, reverse, or modify the decision of the Health Officer or his/her representative; such order may be made subject to specific conditions. (Ord. C-7367 § 1, 1995).