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Investigation, Management and Enforcement Program ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING
INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAMDIVISION I GENERAL PROVISIONS
Sec. 1600. Title.
Sec. 1601. Findings.
Sec. 1602. Purposes and Goals.
Sec. 1603. Definitions.
Sec. 1604. Authority of the Director.
DIVISION II COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
Sec. 1605. Comprehensive Environmental Lead Poisoning Prevention Program.
Sec. 1606. City Agency Task Force.
Sec. 1608. Lead Hazard Reduction Citizens Advisory Committee.
Sec. 1609. Annual Report.
DIVISION III EDUCATION AND NOTICE
Sec. 1610. Informational Bulletin, Pre-1978 Hazard Notice, and Affidavit.
Sec. 1610.1. Warnings Posted in Home Improvement Stores.
Sec. 1611. Education and Outreach.
Sec. 1612. Use of Appropriate Languages.
Sec. 1613. Education for City-Funded Childcare Facilities.
Sec. 1614. Information Provided to Building and Demolition Permit Applicants.
Sec. 1615. Tax Collector to Send Information with Property Tax Bills.
Sec. 1616. Building Owners to Provide Proof of Notice.
DIVISION IV MEDICAL SERVICES FOR ELEVATED BLOOD LEAD LEVEL CHILDREN
Sec. 1617. Case Management.
Sec. 1618. CHDP Enrollment.
Sec. 1619. Temporary Safe Housing.
Sec. 1620. Data Management System.
Sec. 1621. Blood Test Reporting.
Sec. 1622. Lead Poisoning Test Reports.
DIVISION V PUBLICLY OWNED PROPERTY
Sec. 1623. Departments to Identify Lead-Contaminated Sites.
DIVISION VI PRIORITY AREAS
Sec. 1624. Program for Selection of High Priority Lead Reduction Areas.
Sec. 1625. Hazardous Non-Housing Sites.
DIVISION VII INVESTIGATION AND ORDER AUTHORITY
Sec. 1626. Investigation and Testing.
Sec. 1627. Consultants to the Director.
Sec. 1628. Hazard Reduction Order.
Sec. 1629. Report of Findings.
Sec. 1630. Emergency Orders.
Sec. 1631. Notice and Hearing Requirements.
Sec. 1632. Clearance Inspections by Department.
Sec. 1633. Maintenance and Reinspection Order.
DIVISION VIII INCENTIVE PROGRAMS
Sec. 1634. Incentive Programs.
DIVISION IX COMPREHENSIVE ENVIRONMENTAL LEAD POISONING FUND
Sec. 1635. Comprehensive Lead Poisoning Fund.
DIVISION X ENFORCEMENT AND PENALTIES
Sec. 1636. Enforcement.
Sec. 1637. Civil and Administrative Penalties.
Sec. 1638. Criminal Penalties.
DIVISION XI IMPLEMENTATION
Sec. 1639. Remedies and Enforcement: City Officials.
Sec. 1640. Severability.
DIVISION I
GENERAL PROVISIONSSEC. 1600. TITLE.
This law may be cited as the Comprehensive Environmental Lead Poisoning Prevention, Investigation, Management and Enforcement Program.
(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)
SEC. 1601. FINDINGS.
The Board of Supervisors finds that:
(a) The Centers for Disease Control ("CDC") have determined that childhood lead poisoning is one of the most common pediatric health problems in the United States today, and it is entirely preventable. ("Preventing Lead Poisoning in Young Children," CDC, Oct. 1991.) Children in San Francisco up to 72 months of age are particularly at risk due to the multiple sources of lead in the City's housing stock and in the background environment. The Board of Supervisors believes that childhood lead poisoning is the most significant environmentally caused health threat to young children living in San Francisco.
From March 1991 through November 1994, initial blood lead tests were received by the Department of Public Health for 7,143 children aged six to 72 months. Of these 7,143 children, 587 (8.2 percent) had elevated blood lead (EBL) levels greater than or equal to 10 µg/dL, the level at which some action must be taken to prevent further exposures according to CDC guidance. Children requiring case management included 186 children (2.6 percent of the total) with blood lead levels between 15 and 19 µg/dL and 123 children (1.7 percent of total) with blood levels greater than or equal to 20 µg/dL. The highest prevalence of EBL was 10.1 percent for one-year-olds, closely followed by a prevalence of 9.6 percent among two-year-olds. ("San Francisco Epidemiologic Bulletin," Vol. 11, Nos. 1/2, Jan/Feb. 1995.)
There are approximately 42,000 children in San Francisco in the age group of concern, but this number is likely to grow. At the current rate of 9,000 births per year, thousands more children will enter the age group of concern in the coming years. Census data from 1990 show significant numbers of these children living in poverty, and in properties built prior to 1950. Based on these proven risk factors, a significant proportion of San Francisco's children are at risk for lead poisoning.
(b) Childhood lead poisoning is dangerous to public health, safety and general welfare. It requires large, but avoidable expenditures of public funds for health care and special education, causing a substantial, unnecessary drain on public revenues, and it reduces the ability of lead-poisoned children to become productive members of the City's work force. Recent studies show a need for remedial education for lead-poisoned children. Studies by the federal government show that the benefits of protecting children from lead poisoning are far greater than the costs needed to prevent lead poisoning and reduce lead hazards.
(c) The Agency for Toxic Substances And Disease Registry has reported the following toxicological effects of lead to the U.S. Congress: "Exposure to lead continues to be a serious public health problem - particularly for the young child and the fetus. The primary target organ for lead toxicity is the brain or central nervous system, especially during early child development. In children and adults, very severe exposure can cause coma, convulsions and even death. Less severe exposure of children can produce delayed cognitive development, reduced IQ scores, and impaired hearing - even at exposure levels once thought to cause no harmful effects. Depending on the amount of lead absorbed, exposure can also cause toxic effects on the kidney, impaired regulation of vitamin D, and diminished synthesis of heme in red blood cells. All of these effects are significant. Toxicity can be persistent, and effects on the central nervous system may be irreversible." ("The Nature and Extent of Lead Poisoning in Children in the U.S.: A Report to Congress," ATSDR, July 1988.)
Furthermore, the ATSDR reported that in recent years, a growing number of investigators have examined the effects of exposure to low levels of lead on young children. The history of research in this field shows a progressive decline in the lowest exposure levels at which adverse health effects can be reliably detected. Thus, despite some progress in reducing the average level of lead exposure in this country, it is increasingly apparent that the scope of the childhood lead poisoning problem has been, and continues to be, much greater than was previously realized. The National Health and Nutrition Examination Survey ("NHANES III") has shown that the remaining issues are in the nation's housing stock, particularly in urban areas and communities of color or low income status.
(d) The most significant sources of environmental lead are deteriorated and disturbed lead-based paint in housing, lead-contaminated dust, water and soil. In San Francisco, approximately 75 percent or 260,000 out of some 330,000, housing units have been painted with leaded paint prior to 1978, the highest percentage of housing units in a county in California, and one of the highest number of housing units in an urban city in the entire country. The Board of Supervisors finds that these types of lead hazards are under the control of building owners and landlords who have ultimate authority over and responsibility for the condition of San Francisco's housing stock. The Board intends to require that owners of residential property built prior to 1978 warn tenants of the potential for lead paint hazards.
(e) Other sources of lead in San Francisco contribute to lead poisoning of children, including lead in drinking water, some food cans, some ceramics and dishware, artists' paints, automotive and marine paints, adult occupations and hobbies, old factory sites and auto wrecking yards, soil and reentrained dust along busy roads and highways, and some traditional medicines. In addition, where lead hazards do not exist they are often created by painting and home remodeling. The Board intends to address this last hazard through requirements for signs warning of lead hazards in home improvement stores where painting and remodeling equipment is sold.
(f) The impact on children from lead poisoning is immediate at high levels of exposure. At chronic low-level exposure, epidemiological studies have shown lifelong impact. The causes of childhood lead poisoning are well understood. This terribly debilitating disease is preventable and can be eliminated with concerted community action.
(g) The CDC has recommended that primary prevention efforts (that is, elimination of lead hazards before children are poisoned) receive more emphasis as the blood lead levels of concern are lowered. The CDC further determined that the goal of all lead poisoning prevention activities should be to reduce children's blood lead levels below 10 µg/dL. If many children in the community have blood lead levels greater than or equal to 10 µg/dL, community-wide interventions (primary prevention activities) should be considered by appropriate agencies. Medical interventions for individual children should begin at blood lead levels of 15 µg/dL. ("Preventing Lead Poisoning in Young Children," CDC, Oct. 1991.)
(h) San Francisco has begun to implement a comprehensive plan for preventing childhood lead poisoning and reducing exposure to lead. Medical case management currently begins when a child has a blood lead level of 15 µg/dL or greater. Environmental investigation of the child's housing unit begins when blood lead levels are 20 µg/dL or greater, or 15 to 19 µg/dL in consecutive tests three to four months apart. These interventions were provided for in the Comprehensive Lead Poisoning Prevention Program added to the San Francisco Health Code in 1992.
(i) The 1992 ordinance did not provide specific authority for the Department of Public Health to order control or elimination of the lead hazards in dwelling units. The Board of Supervisors was aware that protecting the public health from lead poisoning problems involves complex issues, including technological questions, that required discussion and resolution. To that end, in 1992 the Board appointed, in Section 1608 of the 1992 Ordinance, the Lead Hazard Reduction Citizens Advisory Committee. The Committee was mandated to recommend legislation to the Board on the technical and policy issues needing resolution. The Board of Supervisors concurs with the recommendations submitted by the Citizens Advisory Committee, including the recommendation that the Department of Public Health must have authority to order the removal of lead hazards, and that such authority is a necessary component of a program designed to control lead hazards that would adversely affect a child with elevated blood levels. It is the intent of the Board of Supervisors that the Director of Public Health have broad discretionary authority to enforce the mandates of this ordinance by ordering the control or elimination of lead hazards. The provisions of this law shall be liberally construed to implement and effectuate its purposes.
(j) The intent of the Board is that lead hazards be controlled or eliminated in a cost-effective manner. The Board of Supervisors finds that the "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" produced by the Department of Housing and Urban Development, provide a useful guide for the Department of Public Health to use in sampling, testing, and approving the control and elimination of lead hazards. The preface to the "Guidelines" notes that the overall framework is designed to "tailor sensible and effective hazard control programs to fit the financial and environmental conditions of specific properties." The Director of Public Health should, to the extent feasible, utilize these Guidelines and other guidance issued by federal and State agencies, to maintain the high standard of public health protection that is scientifically based and cost-effective.
(k) This legislation is directed primarily at those dwelling units where a lead-poisoned child resides, has resided in the recent past, or spends a considerable amount of time. This ordinance is an integral step toward primary prevention of lead poisoning through remediation of the City's overall housing stock, and the Board intends that the Director of Public Health make diligent efforts to see that building owners and landlords and tenants receive prompt, actual notice of any identified lead hazards. The Board intends that those lead hazards that are within the control of owners or managers of buildings should be considered nuisances and subject to elimination or control whenever a lead-poisoned child is present. The Board expects that future legislation will address these issues for all properties, regardless of the age or health of the occupants. The Lead Hazard Reduction Committee's mandate includes future legislative proposals for the Board to consider towards the goal of prevention of childhood lead poisoning.
(l) On May 222, 2000, the California Department of Health Services issued Childhood Lead Poisoning Prevention Branch (CLPPB) Program Letter #00-06 creating new policy which directed local Childhood Lead Poisoning Prevention (CLPP) Case Management Contractors to modify the case definition eligible for case management services, to include children from birth to 21 years of age. Because CLPP contractors are providing services to children in publicly funded programs (such as EPSDT, a Medicaid service), we must make our eligibility criteria consistent with other federal and state agencies that regulate and fund blood lead testing and case management services. EPSDT services are provided to eligible children from birth to 21 years of age.
(m) Based on scientific evidence, such as the age of concern established by the CDC, the Director of Health is focused on reducing lead hazards to children up to 72 months of age in order to prevent lead poisoning in this vulnerable population. However, due to a contractual agreement with the State Department of Health Services for the City and County of San Francisco to provide case management services to lead-poisoned children, the Director's authority to respond to reports of lead poisoning is extended to children up to 21 years of age.
(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)
SEC. 1602. PURPOSES AND GOALS.
(a) (1) The purpose of this Article is to protect the public health and welfare by establishing a definition of lead hazards, and requiring control or elimination of lead hazards through administrative orders when the Director of Public Health has found that a child up to 21 years of age is known to be lead poisoned and may be further exposed.
(2) Overall, this Article mandates the Department to respond to all children found to have elevated blood lead levels in the appropriate manner, consistent with federal and State guidelines.
(b) The goals of this law are:
(1) To respond to individual cases of childhood lead poisoning through the elimination of potential exposure pathways to environmental lead; and
(2) To maintain and increase a stock of lead-safe housing in the City and County of San Francisco by requiring lead hazard control or elimination at those properties where lead-poisoned children may suffer continued exposure.
(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)
SEC. 1603. DEFINITIONS.
All defined terms used in this Article incorporate the meanings set forth below. In order to identify defined terms, the first letter of each defined term is capitalized.
(a) "Accredited Laboratory" means a laboratory which operates within the EPA National Lead Laboratory Accreditation Program.
(b) "Case-Managed Child" means an elevated blood lead child with a venous blood lead level greater than or equal to 15 micrograms per deciliter.
(c) "Certified Lead Inspector/Assessor" means any Person licensed or certified to perform risk assessment and/or lead-based paint inspection by the California Department of Health Services (DHS), as authorized by the United States Environmental Protection Agency (EPA), in accordance with 40 CFR Part 745, subparts L or O.
(d) "Clean" or "Cleaning" means a lead hazard remediation technique in which a HEPA vacuum, truck-mounted vacuum, wet cleaning agent, and/or other technology that results in compliance with HUD clearance criteria, is used to remove a lead-contaminated dust hazard.
(e) "Child" means a natural individual who is under 21 years of age.
(f) "Clearance Inspection" means visual examination and collection of environmental samples by a certified lead inspector/assessor, and analysis by an accredited laboratory, upon completion of lead hazard remediation activities.
(g) "Deteriorated Lead-Based Paint" means any interior or exterior lead-based paint that is peeling, chipping, blistering, flaking, worn, chalking, alligatoring, cracking or otherwise separating from the substrate, or located on any surface or fixture that is damaged.
(h) "Director" means the Director of the San Francisco Department of Public Health or the Director's designee.
(i) "Dust Removal" means a lead hazard remediation technique which involves an initial cleaning of lead-contaminated dust followed by periodic monitoring and recleaning as needed. Dust removal may be the primary remediation technique or one element of a broader effort which reduces lead hazards.
(j) "Dwelling Unit" means all residential dwelling units in the City and County of San Francisco together with the land and appurtenant buildings thereto, and all furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.
(k) "Elevated Blood Lead Child" means a child with a venous blood lead level greater than or equal to 10 micrograms per deciliter (µg/dL).
(l) "Encapsulation" means a lead hazard remediation technique which utilizes a covering or coating to act as a barrier between lead-based paint and the environment, and that relies on adhesion and the integrity of the existing paint bonds between layers and with the substrate for its durability (see also "enclosure").
(m) "Enclosure" means a lead hazard remediation technique which utilizes rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the dwelling unit or the environment.
(n) "Exposure Sources" means paint, dust, soil, water, cookware, ceramics, tableware, food sources, parental hobby and occupation materials, home remedies and traditional medicines, cosmetics, and nearby lead industry emissions.
(o) "HEPA" means a high efficiency particulate air filter.
(p) "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any dwelling unit or portion thereof, any nonresidential building, or any other premises in the City and County of San Francisco, and the agent, representative or successor of any of the foregoing.
(q) "Landscaping" means the creation of barriers or barrier plantings that limit exposure to lead-contaminated soil.
(r) "Lead" means metallic lead and all inorganic and organic compounds of lead.
(s) "Lead-Based Paint" means any paint, varnish, shellac or other coating on surfaces with lead in excess of 1.0 mg/cm2 as measured by X-ray fluorescence (XRF) detector or laboratory analysis or 0.5 percent by weight (5,000 ppm, 5,000 µg/g, or 5,000 mg/kg) by laboratory analysis.
(t) "Lead-Contaminated Dust" or "Dust-Lead Hazard" means surface dust that contains a mass per area concentration of lead equal to or exceeding 40 µ/ft2 on floors and other interior horizontal surfaces, 250 µ/ft2 on interior windowsills, and 800 µ/ft2 on exterior windowsills and other exterior horizontal surfaces.
(u) "Lead-Contaminated Soil" or "Soil-Lead Hazard" means bare soil that contains total lead equal to or exceeding 400 parts per million (µg/g) in bare soil, or such lower level as the Director determines to constitute a lead hazard.
(v) "Lead-Contaminated Water" means tap water that contains lead in excess of 15 parts per billion (µg/l).
(w) "Lead Hazard" means any condition that exposes children to lead from any source, including but not limited to lead-contaminated water, lead-contaminated dust (Dust-lead hazard), lead-contaminated soil (Soil-lead hazard), and Paint-lead hazard in dwelling units or other locations.
(x) "Lead Hazard Remediation Technique(s)" means an activity designed to control or eliminate a lead hazard.
(y) "Lead-Poisoned Child" means a child with a single venous blood lead level greater than or equal to 20 micrograms per deciliter, or a persistent venous blood lead level between 15 and 19 micrograms per deciliter based on consecutive measurements three to four months apart.
(z) "Manager" means the authorized agent or landlord for the owner of a dwelling unit, or any nonresidential building or premises, who is responsible for the day-to-day operation of said dwelling unit, building or premises.
(aa) "Owner" means any person, agent, firm or corporation having a legal or equitable interest in a dwelling unit, building, or other premises. For purposes of orders under Sections 1628 and 1630, the term "owner" shall not include entities such as banks or lending institutions holding equitable interests as security unless the entity is in actual physical control of the premises, or is performing property management activities.
(bb) "Paint Film Stabilization" means a lead hazard remediation technique using wet scraping, priming, and repainting a deteriorated lead-based paint film.
(cc) "Paint-Lead Hazard" means any of the following: (1) any lead-based paint on a friction surface that is subject to abrasion and where the lead dust levels on the nearest horizontal surface underneath the friction surface (e.g.: the windowsill or floor) constitute a dust-lead hazard; (2) any damaged or otherwise deteriorated lead-based paint on impact surface that is caused by impact from a related building component, such as a door knob that knocks into a wall or a door that knocks against its door frame; (3) any chewable lead-based painted surface on which there is evidence of teeth marks; and (4) other deteriorated lead-based paint on the interior or exterior of any building.
(dd) "Paint Removal" means a lead hazard remediation technique using chemicals, heat guns emitting heat below 1,100 degrees Fahrenheit and certain contained abrasive methods to remove lead-based paint, but does not mean open flame burning, open abrasive blasting, sandblasting, water blasting or extensive dry scraping.
(ee) "Periodic Surveillance" means a series of reevaluations, including visual assessment and collection of environmental samples, by a certified lead inspector/assessor or other person acceptable to the Director, to determine whether a lead hazard remediation technique previously implemented is still effective, or whether the dwelling unit is still lead-safe.
(ff) "Person" means a natural person, his or her heirs, executors, administrators or assigns, and also includes a municipal or State agency, a firm, joint stock company, business concern, association, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
(gg) "Replacement" is a lead hazard remediation technique utilizing removal of building components such as windows, doors, and trim that have lead-based paint surfaces, and installing new components free of lead-based paint.
(hh) "Substrate" means a surface upon which paint, varnish, or other coating has been or may be applied. Examples of substrates include wood, plaster, metal, and drywall.
(ii) "Tenant" means a person entitled by written or oral agreement, subtenancy or by sufferance, to occupy a residential dwelling unit to the exclusion of others.
(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)
SEC. 1604. AUTHORITY OF THE DIRECTOR.
(a) The Director is authorized to administer and enforce the provisions of this Article; to conduct a case management program for elevated blood lead level children; to conduct a program for the remediation of lead hazards in residential and nonresidential buildings, indoor or outdoor property or premises, and dwelling units; to order vacation of any dwelling unit; and to enforce the provisions of this Article by any lawful means. The Director's authority to abate nuisances under this Article shall be in addition to authority granted under other law, including Article 11 of the this Code, and the Director may combine all such authorities to protect persons from lead hazards and to seek collection or reimbursement of nuisance abatement costs. The Special Revenue Fund created under Section 599(e) of this Code may be used to abate lead hazards in any structure, building or part thereof as provided in Article 11.
(b) Upon showing of proper credentials, persons authorized by the Director, when necessary for the performance of their duties, shall have the right to enter any building, premises or dwelling unit specified in Section 1626 of this Article and perform sampling, testing or periodic surveillance of potential lead hazards. The Director shall seek the consent of the owner or current occupant before entry.
(c) The Director may promulgate such regulations as may be necessary from time to time to carry out the provisions of this Article. The definitions for lead-contaminated dust, water and soil, and the definition of lead-based paint expressed in Section 1603 may be amended by such regulations in light of scientific evidence or guidance from federal or State agencies, without further action by the Board of Supervisors.
(d) Prior to adoption of any rule or regulation under this Article, the Director shall provide a 30-day public comment period by providing published notice in an official newspaper of general circulation in the City and County of San Francisco of the intent to issue or amend the rule or regulation. Rules and regulations shall be approved by the Health Commission at a public hearing. In addition to the notices required by law, the Secretary of the Health Commission shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Health Commission for notice of hearings on lead regulation. Regulations promulgated by the Director and approved by the Health Commission shall be maintained in the Office of the Clerk of the Board of Supervisors.
(Added by Ord. 409-96, App. 10/21/96; amended by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 36-03, File No. 021857, App. 3/28/2003)
DIVISION II
COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAMSEC. 1605. PREVENTION PROGRAM.
(a) The Director shall create and implement a coordinated and comprehensive plan to prevent lead poisoning and eliminate exposure to environmental lead.
(b) The Director shall exercise any and all powers necessary and appropriate to implement the provisions of this ordinance, including but not limited to:
(1) Developing and implementing a comprehensive education program regarding environmental lead exposures and lead poisoning in cooperation with and in support of efforts by nongovernment agencies and community groups directed at key professional groups, the general public and other appropriate target groups;
(2) Coordinating all phases of management and surveillance for all elevated blood lead level children;
(3) Developing interagency agreements to coordinate lead poisoning prevention, exposure reduction, identification, and treatment and lead reduction activities with all appropriate federal, State and local agency lead prevention programs, including, but not limited to, public housing agencies, energy efficiency and weatherization programs, and home maintenance and improvement programs;
(4) Promulgating and enforcing regulations;
(5) Proposing legislation;
(6) Coordinating implementation of this Article with the provisions of the San Francisco Administrative Code requiring relocation assistance for occupants who are displaced due to the issuance of orders under this Article.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1606. CITY AGENCY TASK FORCE.
(a) The Director shall convene and coordinate an interdepartmental task force that shall be comprised of representatives from the following City departments: the Department of Public Health, the Department of Public Works, the Department of Building Inspection, the Department of City Planning, the Department of Social Services, the Recreation and Park Department, the Public Library, the Public Utilities Commission (which shall include a representative from the Water Department and the Bureau of Energy Conservation), the Mayor's Office, and the office of the City Administrator. The Director shall also request the participation of the Housing Authority, Redevelopment Agency, San Francisco Unified School District, and other governmental agencies and community representatives when additional expertise, resources, or other assistance is deemed necessary by the Director.
(b) The Task Force shall meet on a regular basis and exchange information regarding lead education and abatement matters and shall coordinate lead abatement activities that involve more than one department. Upon the Director's request, the task force shall provide consultation services and assistance to the Director for the purpose of facilitating coordinated implementation of the duties imposed on the Director by this ordinance.
(c) The Director shall provide clerical assistance to the City Agency Task Force and to its subcommittees.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
Sec. 1607.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 85-93, App. 3/26/93; Ord. 56-96, App. 2/2/96; repealed by Ord. 38-05, File No. 050007, App. 2/11/2005)
SEC. 1608. LEAD HAZARD REDUCTION CITIZENS ADVISORY COMMITTEE.
(a) There is hereby established a Lead Hazard Reduction Citizens Advisory Committee (hereafter, the "Advisory Committee") of the City and County of San Francisco. The Advisory Committee shall (i) recommend to the Board of Supervisors a range of options for a lead hazard reduction program for residential dwelling units, and (ii) provide consultation and assistance to the Director upon the Director's request with respect to the implementation of those provisions when they become effective. The Advisory Committee shall submit a report to the Board of Supervisors within one year of the effective date of this ordinance and annually thereafter. The report shall at a minimum include recommendations on the following matters:
(1) Acceptable levels of exposure to various sources of lead;
(2) The circumstances under which responsible parties must reduce lead exposure hazards to avoid imminent hazards and potential health risks to persons;
(3) A priority-based schedule of classes of dwelling units and premises where owners or operators must reduce lead hazards based on various factors, such as the age and condition of a building, and the age of the occupants;
(4) Provisions to insure that occupants are relocated to lead-safe housing during lead hazard reduction activities where necessary;
(5) Acceptable lead hazard reduction methods;
(6) Containment and cleanup measures to be taken as part of the lead hazard reduction activities;
(7) Occupational safety and health provisions for inspectors, contractors, supervisors, workers and other persons who perform lead hazard reduction;
(8) Provisions to protect the health and safety of occupants, neighbors and the public from exposure to lead during lead hazard reduction activities;
(9) Provisions for insuring safe disposal of lead-contaminated waste;
(10) The qualifications necessary for any person (contractors, supervisors, consultants, and workers) to perform lead hazard work;
(11) Assess the extent of the need to implement lead hazard reduction efforts, the potential impact of alternative lead hazard reduction measures on tenants and landlords, and the most effective way to implement the program to reduce lead hazard risks;
(12) Provide advice to the Mayor's Office with respect to the development of proposed incentive programs pursuant to Section 1634 when the Mayor's Office requests such assistance;
(13) Appropriate financing mechanisms for any proposals recommended.
(b) The Advisory Committee shall consist of 15 members appointed by the Board of Supervisors. The members shall consist of representatives, or their designee, from each of the following categories:
(1) Bureau of Building Inspection: One representative;
(2) Painting contractors: One representative;
(3) Building trade: One representative;
(4) Mayor's Office: One representative involved in housing and community development issues;
(5) Public interest organization: One representative;
(6) Residential owners: Two representatives;
(7) Tenant organizations: Two representatives;
(8) Testing expert: One representative;
(9) Abatement expert: One representative;
(10) Parent: One representative;
(11) United States Environmental Protection Agency, CAL/OSHA, San Francisco Housing Authority: Three representatives; one from each agency to serve as ex officio, non-voting members who shall not be counted in determining the quorum for the Advisory Committee.
The Director, or his or her designee, shall attend all meetings of the Advisory Committee.
(c) Members of the Committee shall serve without compensation or reimbursement for expenses. In the event a vacancy occurs, the Board of Supervisors shall appoint a successor from the same category.
(d) At the initial meeting of the Advisory Committee, and yearly, thereafter, the Advisory Committee members shall select such officers deemed necessary by the Advisory Committee. The Advisory Committee shall establish rules and regulations for its own organization and procedure and shall meet when necessary as determined by the Advisory Committee. All meetings shall, except as provided by general law, be open to the public.
(e) The establishment of the Lead Hazard Reduction Committee is not intended to limit the efforts currently engaged in by City departments to reduce the risks of exposure to lead.
(f) The Director shall provide clerical assistance to the Lead Hazard Reduction Citizens Advisory Committee and its subcommittees.
(g) The Director and the Advisory Committee shall take the following actions to address lead hazards in dwelling units subject to inspection under Section 1626.
(1) The Director shall draft Proposed Interim Lead Hazard Reduction Guidelines designed to assist the Advisory Committee in its presentation under Section 1608(g)(2), and present them to the Advisory Committee at its first meeting.
(2) Within six months after the effective date of this Section, the Advisory Committee shall present Final Interim Lead Hazard Reduction Guidelines ("Interim Guidelines"), including any changes recommended by the Advisory Committee, to the Board of Supervisors in the form of a draft ordinance. The Interim Guidelines shall be designed to be effective pending enactment of any ordinance based on the Advisory Committee's recommendations under Section 1608(a).
(3) The Interim Guidelines shall be developed in accordance with sound medical practice and current technical knowledge, and include at least the following:
(A) Procedures requiring the owner of a dwelling inspected pursuant to Section 1626 to reduce lead hazards;
(B) The amount or concentration of lead that creates a threat of cases of childhood lead poisoning, and the allowable means of detection;
(C) The surfaces where lead hazard reduction must be performed shall include areas accessible to children and areas where the condition of the paint, plaster or other surface covering is deteriorating and resulting in accessibility of lead paint to children;
(D) Acceptable methods of lead hazard reduction prescribing the removal or adequate covering of lead-based paint. Repainting with common non-lead-based paint, or covering with easily removable materials shall not constitute acceptable methods of lead hazard reduction. Acceptable methods shall prohibit reduction techniques that may damage the health of residents, neighbors or workers. Acceptable methods shall include cleanup and containment procedures;
(E) Procedures for inspections after lead hazard reduction work is completed, and for certification that lead hazards have been reduced in accordance with the Interim Guidelines;
(F) Procedures requiring notice of the risks of lead paint hazards to tenants, purchasers of real estate, and purchasers of home improvement products. The committee shall consider, among other matters it deems appropriate, how to define tenants, whether tenants in certain buildings (such as those newly constructed) need not receive notice; how and when the notice can be disseminated effectively and economically; whether the notice shall be posted in stores selling building materials and hardware; whether the notice shall be required in real estate transactions; and the content of the notice.
(4) Within six months after the effective date of this Section, the Advisory Committee shall propose legislation to the Board of Supervisors amending Chapter 37 of the San Francisco Administrative Code, the Residential Rent Stabilization and Arbitration Ordinance, to provide whether and under what circumstances the costs of lead hazard reduction may be passed on to tenants, and further to provide protection against permanent displacement of tenants due to lead hazard reduction.
(h) Members of the Lead Hazard Reduction Citizens Advisory Committee shall be appointed for a term of four years; provided, however, that the 23 members first appointed shall, by lot at the first meeting, classify their terms so that seven shall serve for a term of two years, eight shall serve for a term of three years, and eight shall serve for a term of four years.
(i) The Lead Hazard Reduction Citizens Advisory Committee shall sunset on December 31, 2006.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 85-93, App. 3/26/93; Ord. 215-93, App. 6/28/93; Ord. 335-96, App. 9/5/96; Ord. 48-99, App. 3/26/99; Ord. 253, File No. 031502, App. 10/22/2003)
SEC. 1609. ANNUAL REPORT.
(a) The Director shall publish and submit to the Board of Supervisors an annual evaluation report describing the current efforts of all City agencies pursuant to this ordinance, including but not limited to:
(1) The extent to which the City is providing community education, screening and treatment of children, lead hazard reduction (testing, interim measures and abatement), and enforcement of the provisions of the Program and the City's ability to obtain funding for its implementation;
(2) The effectiveness of the program and City agencies' efforts in implementation, including, but not limited to, additional actions needed to effectively implement and carry out the Program, the reasons why those actions are not being taken, and the plans of the relevant City agencies to implement those actions, including descriptions of specific actions, time lines, and the work plans and budgets of all City agencies involved in implementing the Program;
(3) Recommendations for legislation and regulations to improve implementation of the Program;
(4) A survey of other State and local efforts to abate lead hazards which might provide models for improvements to this Program.
(Added by Ord. 376-92, App. 12/23/92)
DIVISION III
EDUCATION AND NOTICESEC. 1610. INFORMATIONAL BULLETIN, PRE-1978 HAZARD NOTICE, AND AFFIDAVIT.
(a) The Director shall prepare an Informational Bulletin about lead poisoning problems, screening and testing for elevated blood lead levels, the procedures for lead control and hazard reduction, how to obtain additional information on the topic, and the obligations imposed by this ordinance. The Director may amend the Informational Bulletin from time to time as he or she deems appropriate and shall review the bulletin at least annually to determine whether amendments are appropriate.
(b) The Director shall prepare a Pre-1978 Hazard Notice form for owners and occupants of residential property. The notice shall contain information on lead hazards, a warning that dwelling units constructed before 1978 may contain lead hazards, and shall provide a phone number to call for additional information. The notice shall be written in at least six languages, including English, and shall state in English that the document contains important health information for property owners and tenants.
(c) The Director shall prepare an Affidavit form for property owners to attest that they have provided copies of the Pre-1978 Hazard Notice to tenants as required by Section 1616. The Director shall provide copies of the Pre-1978 Hazard Notice and Affidavit forms to owners and tenants upon request.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1610.1. WARNINGS POSTED IN HOME IMPROVEMENT STORES.
(a) The Director shall prepare a pamphlet to notify purchasers of home improvement products of techniques to lower the risk of lead hazards associated with painting and home remodeling. Copies of the pamphlet shall be provided to retail establishments which sell home improvement products, such as building materials, paints, and hardware, the use of which, in the Director's discretion, may pose a risk of exposure to lead hazards. The pamphlet shall be produced in multiple languages and provided to retail establishments in English and in other languages appropriate for the local community.
(b) The Director shall prepare a sign which makes the following statement, or a substantially equivalent statement, in large or boldface capital letters no less than one-half inch in size:
"PAINTING AND REMODELING CAN EXPOSE YOUR FAMILY TO LEAD. ASK FOR A FREE PAMPHLET ON LEAD-BASED PAINT HAZARDS."
(c) The owner and the manager or operator of every retail store which sells home improvement products, including but not limited to, paint and paint removal products, construction and building materials, and tools and hardware, shall conspicuously post the sign prepared by the Director, or a sign of substantially the same size and typeface, and using the same language.
(d) Every store owner or manager subject to the requirement of Section 1610.1(c) shall maintain a supply of the pamphlets prepared and supplied by the Director. The pamphlets shall be prominently displayed and provided upon request to customers or other invitees.
(e) The Director may prepare signs and pamphlets in other languages to comply with the requirements of this Section. Notwithstanding any other provisions of this Section, the required signs and pamphlets, or multiple signs and pamphlets, shall be posted, displayed and provided to customers and invitees in languages other than English when such signs and pamphlets are supplied by the Director.
(Added by Ord. 409-96, App. 10/21/96)
SEC. 1611. EDUCATION AND OUTREACH.
(a) The Director shall engage in an outreach program to inform the public about lead poisoning problems and steps the public can take to learn more about screening and testing services.
(b) The Director shall provide copies the Informational Bulletin to each physician who provides CHDP services in the City with a request that the physician provide the information to parents and guardians of children when the children are enrolled in the CHDP program.
(c) The Director shall provide the Informational Bulletin to the San Francisco Unified School District with a request that the District provide the information to parents on a regular basis of no less than once every six months.
(d) The Director shall provide the Informational Bulletin to persons who request a copy of a birth certificate for a child under six years of age.
(e) The Director shall provide the Informational Bulletin to the Department of Social Services, the Recreation and Park Department, the Library Commission, and other departments that the Director deems appropriate with a written directive that these departments implement a program designed to provide the information to children and parents involved in programs that they sponsor. Each City department shall comply with this directive.
(f) The Director shall provide the Informational Bulletin to the Head Start program with a request that it provide parents and guardians of children enrolled in Head Start programs with the information.
(g) The Director shall adopt and implement a program designed to disseminate the Informational Bulletin to pregnant women by any means that the Director determines appropriate.
(h) The Director shall make the Informational Bulletin available to persons who use City health care facilities.
(i) The Director shall make the Informational Bulletin available to physicians and health care facilities who have any contact with women of childbearing age, pregnant women, or families so that they may place the bulletin in publicly accessible areas for their patients. The Director shall take any steps that he or she determines reasonable to notify physicians and health care facilities of the availability of the information and to encourage its dissemination, including requesting the assistance of the San Francisco Medical Society.
(j) The Director shall provide the Informational Bulletin to the Mayor's Office of Children, Youth and Their Families with a written directive that it:
(1) Provide the Informational Bulletin to San Francisco's State-funded resource and referral agencies;
(2) Request these agencies to feature the Informational Bulletin once a year in either an agency newsletter or other communication with providers and the public;
(3) Request that these agencies distribute the Informational Bulletin to every licensed childcare facility who in turn are requested to give the bulletin to parents of children enrolled in their program at least once a year.
The Mayor's Office of Children, Youth and Their Families shall comply with this directive.
(k) The Director shall provide the Informational Bulletin to the San Francisco Association of Realtors with a request that the Association make it available to members of the Association and other persons in the real estate community.
(l) The Director may charge a reasonable fee to persons who request a copy of the Informational Bulletin.
(Added by Ord. 376-92, App. 12/23/92)
SEC. 1612. USE OF APPROPRIATE LANGUAGES.
City departments providing education and outreach services pursuant to this ordinance shall provide the information in a language appropriate to the intended audience.
(Added by Ord. 376-92, App. 12/23/92)
SEC. 1613. EDUCATION FOR CITY-FUNDED CHILDCARE FACILITIES.
The Director shall provide educational training for the owners and operators of childcare facilities that receive City and County of San Francisco revenues for their childcare operations. As a condition of receiving such revenues for their childcare operations, the owner and operator of each childcare facility shall participate in the Director's educational training program for childcare facilities and shall develop a program for staff, parents and guardians of children served by the facility designed to communicate the information obtained in the training program. The Director's program shall include education regarding the hazards to health from exposure to lead, the sources of exposure, the CHDP program and interim methods for reducing exposure to, and the effects of lead on, humans. The Director may include in the program childcare providers other than owners and operators of facilities that receive local revenues for their childcare operations.
(Added by Ord. 376-92, App. 12/23/92)
SEC. 1614. INFORMATION PROVIDED TO BUILDING AND DEMOLITION PERMIT APPLICANTS.
The Director shall provide written information informing the public of the methods by which lead can be abated or removed from property and of any risks to health that may arise from construction activities. The Director of the Department of Building Inspection shall provide copies of this written information to every person who applies for a building or demolition permit.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1615. TAX COLLECTOR TO SEND INFORMATION WITH PROPERTY TAX BILLS.
(a) The Tax Collector shall mail a copy of the Informational Bulletin or an equivalent lead hazard warning, along with each County tax bill.
(b) The Tax Collector shall mail a copy of the Pre-1978 Hazard Notice and Affidavit forms prepared under Section 1610 along with each County tax bill until January 1, 2003.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96; Ord. 267-99, File No. 991649, App. 10/22/99)
SEC. 1616. BUILDING OWNERS TO PROVIDE PROOF OF NOTICE.
Every owner of any dwelling unit constructed prior to 1978 shall provide a copy of the Pre-1978 Hazard Notice, and any other form of notice required by federal or State law to every tenant in each such dwelling unit within 10 days of commencement of occupancy, or for tenancies in existence on the effective date of this Article, within 60 days of such effective date. The owner shall complete, sign and maintain Affidavits provided in Section 1610(c) as instructed thereon in order to provide evidence of compliance with this Article. The requirements of this Section shall terminate effective January 1, 2003.
(Added by Ord. 409-96, App. 10/21/96; Ord. 267-99, File No. 991649, App. 10/22/99)
DIVISION IV
MEDICAL SERVICES FOR ELEVATED BLOOD LEAD LEVEL CHILDRENSEC. 1617. CASE MANAGEMENT.
(a) The Director shall develop a case management program so that all elevated blood lead level children receive appropriate services. At a minimum, the services provided by the Director shall include:
(1) For levels 10 to 14 µg/dL: A letter and lead information packet shall be sent to the parent (which encourages retest in three months and gives simple recommendations).
(2) For levels 15 to 19 µg/dL: A Public Health Nurse (PHN) referral shall be made. The PHN shall make a home visit to provide extensive teaching.
(3) For levels 20 µg/dL and above, and levels from 15 to 19 µg/dL in consecutive measurements three to four months apart (a lead-poisoned child): In addition the assigned PHN duties, a certified lead inspector/assessor shall perform an environmental investigation and issue a report of lead hazard findings. The building owner and the Department of Building Inspection shall also receive notice of lead hazard findings which are in the building owner's control.
(b) The Director shall have the authority to establish deadlines and priorities regarding the provision of such services as described in Section 1617(a) to all children with elevated blood lead levels.
(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)
SEC. 1618. CHDP ENROLLMENT.
The Director shall adopt a program designed to inform parents or guardians of eligible children of the CHDP program and to provide them with an opportunity to join.
(Added by Ord. 376-92, App. 12/23/92)
SEC. 1619. TEMPORARY SAFE HOUSING.
The Director may develop a program in cooperation with appropriate agencies to make lead-safe housing temporarily available when the Director believes it appropriate to cases of elevated blood lead level children and their families if those families are not able to make arrangements themselves.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1620. DATA MANAGEMENT SYSTEM.
The Director shall maintain a data management system designed to collect and analyze information regarding elevated blood lead level children, primary prevention and screening activities.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1621. BLOOD TEST REPORTING.
Every physician and clinical laboratory shall promptly report all results of blood lead tests to the County Health Officer on forms devised by that Officer, and such demographic information as the forms require.
(Added by Ord. 376-92, App. 12/23/92)
SEC. 1622. LEAD POISONING TEST REPORTS.
The Director shall prepare a report every six months in language designed to be understood by the general public describing the results of all lead tests obtained by the Department for San Francisco residents, including the test level, age, sex, ethnicity and general area of residence of each case of childhood lead poisoning. The Director shall prepare the report in those languages that he or she deems appropriate in order to communicate the information effectively.
(Added by Ord. 376-92, App. 12/23/92)
DIVISION V
PUBLICLY OWNED PROPERTYSEC. 1623. DEPARTMENTS TO IDENTIFY LEAD-CONTAMINATED SITES.
(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 AREASSEC. 1624. PROGRAM FOR SELECTION OF HIGH PRIORITY LEAD REDUCTION 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)
SEC. 1625. HAZARDOUS NON-HOUSING SITES.
(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.
(f) The Director may issue an order to any property owner subject to this Section who fails to comply with Subsection (e) within 60 days of receiving notice from the Director. Such orders shall be enforceable in accordance with Sections 1636 and 1637.
(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 AUTHORITYSEC. 1626. INVESTIGATION AND TESTING.
(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)
SEC. 1627. CONSULTANTS TO THE DIRECTOR.
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)
SEC. 1628. HAZARD REDUCTION ORDER.
(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)
SEC. 1629. REPORT OF FINDINGS.
(a) The Director shall issue a report of findings to accompany all orders issued under Section 1628, which will contain the following:
(1) A list of all potential exposure sources and lead hazards, including the characteristic(s) of each source and whether the source is under the control of the occupant or owner of the building or dwelling unit. Lead hazards shall be considered in the owner or manager's control.
(2) An explanation of the cause(s) of any and all lead hazards found in the building or dwelling unit, in the common areas of the building, and from the exterior of the building, out to the perimeter of the property.
(b) Every report of findings regarding lead hazards in a dwelling unit shall contain a statement, supported by factual findings, identifying any lead hazard which the Director has determined constitutes a substantial danger to the occupants.
(c) A record of all paint and soil conditions cited in the Director's order shall be made in writing and visually documented by still or video camera.
(d) Any order under this Section 1629 shall be written in the appropriate language(s) of the affected tenant(s), owner(s) and/or manager(s).
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1630. EMERGENCY ORDERS.
(a) Whenever the Director determines that a nuisance under this Article presents an imminent and substantial threat to the health of a lead-poisoned child, and that an order under Section 1628 will not protect the affected child from the continued presence of lead hazards before the building, premises or dwelling unit can be made lead safe, the Director may issue an emergency order to the owner or manager. The emergency order shall require the owner or manager to reduce or eliminate certain lead hazards within 48 hours, and shall specify the measures necessary to reduce the hazard(s). Emergency orders may require immediate cleaning of the building, premises or dwelling unit, fencing to limit access to lead-contaminated soil, provision of bottled drinking water, and other measures which the Director determines to be readily available to prevent exposure to a lead hazard.
(b) The Director will determine at his or her discretion when the emergency procedures have been satisfactorily completed. Any lead hazards which have not been addressed by the emergency order, shall be designated in an order issued under Section 1628.
(c) An emergency order issued under this Section shall be personally served upon the owner or manager of the building, premises or dwelling unit, and any tenant residing there with a lead-poisoned child. If the owner or manager cannot be located promptly after the Director's determination to issue an emergency order, the order may be served as set forth in Section 1631(a).
(d) All emergency orders issued under this Section must be written in the appropriate language(s) of the affected tenant(s), owner(s) and manager(s). Every such order to the owner or manager of a dwelling unit shall also state, in boldface type of at least 10 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."
(e) In the event that the person named in an emergency order fails to carry out prescribed activities, the Director may abate the nuisance as provided in Article 11, Section 599 of the San Francisco Health Code. An emergency order shall not be appealable under this Article.
(Added by Ord. 409-96, App. 10/21/96)
SEC. 1631. NOTICE AND HEARING REQUIREMENTS.
(a) Orders issued under Sections 1625 or 1628 shall be served by certified mail, return receipt requested, and accompanied by a notice which shall be posted at the affected site. The order and notice shall include, but not be limited to, the measures necessary for compliance with the order, the final compliance date, and the date of the public hearing scheduled under Section 1631(b).
(1) For all order issued under Section 1628, a copy of the order and notice, and the report of findings under Section 1629, shall be mailed to the parent or guardian of the child determined to have an elevated blood level, and notice of the presence of lead hazards may be provided to users of nonresidential buildings and premises by posting a notice at the affected site. A copy of the order, notice and report of findings shall be served upon each of the following:
(A) The landlord, manager, or other person in real or apparent charge and control of the premises or dwelling unit involved;
(B) The owner of record.
(2) For all orders issued under Section 1625, a copy of the order and notice shall be mailed to the owner of record.
(3) Service under this Section shall be effective on the date of mailing if sent to each person at the address of such person as it appears on the last equalized assessment roll of the County or at the address to which the most recent real property tax bill for said building or premises was mailed by the Tax Collector. If no such address so appears from the assessment roll of the County or the records of the Tax Collector, then a copy of the order, notice and report of findings shall be addressed to such person at the address of the building or premises involved. The failure of any owner or other person to receive such order, notice and report of findings shall not affect in any manner the validity of any proceeding under this Article.
(b) When an order is issued under Sections 1625 or 1628, a public hearing shall be scheduled and held seven working days from the date the order is issued. An extension of time for the hearing may be granted by the Director upon good cause shown by an owner, manager, landlord or tenant(s) electing to appear at the hearing.
(c) The public hearing shall be a forum for an owner, manager, landlord or tenant(s) to challenge part or all of an order issued under Sections 1625 or 1628.
(d) At the conclusion of a public hearing, the Director may take any action consistent with this ordinance and other applicable law. The Director's final decision shall be in writing, shall contain a statement of reasons in support of the decision and shall reflect any extension of time, if necessary, for compliance with the order.
(1) Decisions of the Director under Section 1628 shall be sent by certified mail, return receipt requested, to the building owner or manager, and to the landlord and tenant of the applicable dwelling unit, and by regular mail to all other parties who request a copy at the hearing.
(2) Decisions of the Director under Section 1625 shall be sent by certified mail, return receipt requested, to the owner of record.
(e) A copy of the Director's decision shall be posted in a conspicuous place on the building or premises, and shall be recorded in the office of the Recorder of the City and County of San Francisco.
(Added by Ord. 409-96, App. 10/21/96; amended by Ord. 448-97, App. 12/5/97)
SEC. 1632. CLEARANCE INSPECTIONS BY DEPARTMENT.
Whenever a final decision of the Director has been issued under Section 1631, and the date for compliance has arrived, a clearance inspection shall be conducted by the Director in order to verify compliance. If the Director finds that the owner or manager has not complied with an order, or that compliance has failed to eliminate lead hazards or abate the nuisance created thereby, the Director may issue additional orders or take such further actions as authorized by law. The Director shall notify the Director of the Department of Building Inspection if violations of the San Francisco Building Code or the San Francisco Housing Code continue to cause or contribute to any lead hazard. If the Director determines that the order has been complied with the Director shall issue an order rescinding the original order. The order of recision shall be recorded in the office of the Recorder upon verification that the Department's costs, charges and penalties under Sections 1628(h), 1636, and 1637 have been paid.
(Added by Ord. 409-96, App. 10/21/96)
SEC. 1633. MAINTENANCE AND REINSPECTION ORDER.
(a) Whenever the Director determines that an owner or manager has complied with a Section 1628 order which ordered only temporary remediation techniques, the Director shall issue a Maintenance and Reinspection Order. Every such order shall include a schedule of appropriate maintenance and periodic reinspection. Reinspections will be performed by a certified risk assessor. Reinspection reports, including visual and quantitative data, shall be submitted to the Director.
(b) The Director may, as necessary, issue new Emergency or Hazard Reduction Orders to the owner or manager of a dwelling unit or nonresidential premises which is subject to a Maintenance and Reinspection Order.
(Added by Ord. 409-96, App. 10/21/96)
DIVISION VIII
INCENTIVE PROGRAMSSEC. 1634. INCENTIVE PROGRAMS.
(a) The Mayor's Office shall develop proposed programs for grants, loan guarantees and no- or low-interest loans for owners of property contaminated with lead. The Mayor's Office shall transmit to the Board of Supervisors a range of options for such programs within one year.
(b) In preparing proposed programs, the Mayor's Office shall consider and make recommendations regarding the following potential elements: whether and to what extent financial assistance should be provided based on an owner's voluntary abatement of lead hazards, the income of the owner and the owner's tenants, the risk of tenants becoming homeless if abatement work proceeds and the cost of the work is passed through to the tenants, the presence of children under the age of six on the property, the current blood lead levels of children who frequent the property, the condition of the property, whether rehabilitation, energy conservation or other improvements are planned, and whether the owners of nonrental property should be required to demonstrate financial need and the presence of children under the age of six with a certain blood lead level.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
DIVISION IX
COMPREHENSIVE ENVIRONMENTAL LEAD POISONING FUNDSEC. 1635. COMPREHENSIVE LEAD POISONING FUND.
(a) There is hereby established a special fund to be known as the Comprehensive Environmental Lead Poisoning Fund. Into this fund shall be deposited (1) all monies obtained from civil penalties obtained from enforcement of this Article, (2) all monies obtained from enforcement of Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code Sections 25249.5 et seq.), Business and Professions Code Sections 17200 et seq., or similar laws, insofar as monies are recovered under these laws because of lead contamination, except when the governing law requires that the monies be otherwise allocated, and (3) all donations of money which may be offered to the City to support the Program. The Director is hereby authorized to accept, on behalf of the City and County of San Francisco, any grants, gifts and bequests made for the purpose of furthering the goals of the Program and upon acceptance they shall be deposited into said fund.
(b) Subject to the budget and fiscal provisions of the Charter, the monies in this fund may only be expended for expenses related to the development, implementation and operation of the Program.
(c) Interest earned from the monies in said fund shall become part of the principal thereof, and shall not be expended for any purpose other than for which said fund is established. The balance remaining in the fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose within the meaning of Charter Section 6.306 and shall be carried forward and accumulated in said fund for the purpose recited herein.
(d) No later than one year after the effective date of this ordinance and thereafter annually, the Controller shall submit a report to the Director, the Board of Supervisors and the Mayor which shall include the following information:
(1) A detailed identification of the sources of monies contributed to the fund;
(2) An accounting of the uses of the monies in the fund during the preceding year;
(3) An estimate of the amount of money that the Controller anticipates, after consulting with the Director and other appropriate City departments, shall be deposited in the fund during the next year.
The Controller shall coordinate with the Director and attempt to issue this report at the same time that the Director provides the annual Program report required under Section 1609.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
DIVISION X
ENFORCEMENT AND PENALTIESSEC. 1636. ENFORCEMENT.
(a) The Department of Public Health shall be the primary administering and enforcing agency under this Article. The Director is hereby authorized to call upon the Director of Public Works and the Chief of Police and all other city officers, employees, departments and bureaus to aid and assist him or her in such enforcement, and it shall then be their duty to assist the Director in enforcement of this Article by performing such duties as may come within their respective jurisdictions.
(b) Upon an owner or manager's failure to comply with an order from the Director, the Director may request the City Attorney to maintain an action for injunction to enforce the provisions of this Article and for assessment and recovery of a civil penalty for such violation. The Director may also request the City Attorney or the District Attorney, as the case may be, to commence an action against the owner or manager of any building, premises or dwelling unit declared to be a nuisance under this Article for an injunction or civil penalty under the California Business and Professions Code.
(c) Upon an owner's failure to abate a nuisance under this Article pursuant to an order from the Director, and if an owner has not commenced good faith efforts for compliance as determined by the Director, the Director may notify, in writing, the Franchise Tax Board of the noncompliance. The notice of noncompliance shall contain the legal description or the lot and block numbers of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll.
(Added by Ord. 409-96, App. 10/21/96)
SEC. 1637. CIVIL AND ADMINISTRATIVE PENALTIES.
(a) Any person who fails to comply with an order from the Director under this Article shall be civilly liable to the City and County of San Francisco for a civil penalty in an amount not to exceed $500 for each day in which the violation occurs. Each day that such violation continues shall constitute a separate violation.
(b) In determining civil penalties, the court shall consider the extent of harm caused by the violation(s) to the order, the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator. In addition to assessing a civil penalty, a court may order compliance with the order or such other relief as may be necessary to abate the nuisance.
(c) Any person who fails to comply with an order under Sections 1625 or 1628 may be assessed an administrative penalty by the Director. Assessment of an administrative civil penalty shall not be a prerequisite to abatement by the Director, or to the filing of a court action seeking penalties or injunctive relief.
(1) Upon receipt of information that a violation of an order has occurred, the Director shall serve the parties named in the order with a complaint specifying the violations, assessing a proposed administrative penalty, warning the parties that their violation will be reported to the Franchise Tax Board (explaining the consequences of such notification), and setting a hearing date no more than 30 days and no less than 10 from the date the complaint is mailed. Service shall be by first class mail, return receipt requested. In the case of an order issued under Section 1628, a copy of the complaint shall be provided to the occupants of the affected dwelling unit. The Director shall post a notice of the hearing at the affected building or premises.
(2) The hearing officer shall hear testimony from the parties named in the complaint and any other interested party on the nature of the alleged violation, the appropriateness of the proposed penalty, and the need to adjust the schedules in the original order. If the hearing officer determines that a violation continues to occur, the compliance schedule shall be adjusted to allow a reasonable period of time, not to exceed 30 days, for completion of the requirements of the order. A penalty shall be assessed based on the factors in Subsection (b) above, which shall become due and payable to the City and County of San Francisco on the thirty-first day after the effective date of the hearing officer's determination if the Director determines, after inspection, that compliance has not been achieved.
(A) A record of the hearing shall be prepared which shall include a transcript, all written letters, pleadings, notices and orders, exhibits and any other papers in the case. The hearing officer's final written decision shall be included in the record.
(B) A final decision which finds a continuing violation shall instruct the Department of Public Health to notify the Franchise Tax Board of any violation which continues for six months beyond the original order as provided in Revenue and Taxation Code Sections 12724 and 24436.5.
(C) The final decision shall notify all parties that the time within which judicial review may be sought is governed by Section 1094.6 of the California Code of Civil Procedure.
(3) If a penalty is not timely paid the Director may take any action authorized by law, including commencement of a judicial action to seek the full amount of a civil penalty plus injunctive relief. The Director may initiate lien proceedings pursuant to Chapter 10, Article XX of the San Francisco Administrative Code to collect any unpaid penalties.
(4) Administrative penalties shall be assessed in amounts not to exceed $100 per day for a first violation, $200 per day for a second violation within one year, and $500 per day for each additional violation within one year.
(Added by Ord. 409-96, App. 10/21/96; amended by Ord. 448-97, App. 12/5/97; Ord. 322-00, File No. 001917, App. 12/28/2000)
SEC. 1638. CRIMINAL PENALTIES.
(a) Any person who fails to comply with an order from the Director under this Article shall be guilty of a misdemeanor. Each violation shall be considered a separate misdemeanor punishable by a fine not exceeding $1,000, or imprisonment not to exceed six months in the County Jail, or both.
(b) The court, in determining criminal penalties, shall consider the extent of harm caused by the violation(s) to the order, the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, the financial burden to the violator, and such other factors as deemed relevant and material.
(Added by Ord. 409-96, App. 10/21/96)
DIVISION XI
IMPLEMENTATIONSEC. 1639. REMEDIES AND ENFORCEMENT: CITY OFFICIALS.
(a) In undertaking the enforcement of this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(b) Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
SEC. 1640. SEVERABILITY.
If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Article is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Article irrespective of the fact that any portion of this Article could be declared unconstitutional, invalid or ineffective.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)