§ 82-316. Prohibition.

(a)

Generally. No person shall disturb or remove lead paint, or in any other way generate excessive, lead containing dust or excessive airborne lead concentrations as defined in section 82-311 during work on the interior or exterior of any existing building or metal structure except in accordance with the requirements of this article.

(b)

Exemptions. This article shall not apply to activities that disturb or remove paint where those activities are being performed on buildings on which construction was completed after 1978, or on new construction. For purposes of this article, all paint on the interior or exterior of any building on which the original construction was completed prior to December 31, 1978, shall be presumed to be a lead-based substance. For purposes of this article, all paint on the interior or exterior of any metal structure shall be presumed to be a lead-based substance. Any person seeking to rebut this presumption shall establish through lead-based paint testing, or other means satisfactory to the director, that the paint on the building or metal structure in question is not lead-based paint.

(c)

Response to complaint. Upon receiving a citizen complaint, the director shall: (1) review the complaint; (2) determine whether a valid notification form has been filed, if required, for the property in compliance with the requirements of section 82-316(c); and (3) where deemed necessary by the director, conduct an inspection at the job site to determine the validity of the complaint.

(d)

Evaluation of complaint. When determining the validity of a complaint, if the director is not able to observe the actual performance of any work practices constituting violations of the performance standards of section 82-316b, the director shall investigate and consider the following:

(1)

The containment measures and work tools being used by the responsible party;

(2)

The color(s) of paint being disturbed or removed by the responsible party;

(3)

The color(s), quantities, nature, and locations of alleged visible lead paint contaminants;

(4)

The colors, locations, and conditions of paint on adjacent properties to determine if such paint could be a source of the alleged visible lead paint contaminants;

(5)

Any work being performed on adjacent properties which could be a source of the alleged visible lead paint contaminants; and

(6)

Any other relevant evidence that the director determines in the exercise of his or her discretion would help to determine whether a violation of this article has occurred.

(Ord. No. 20,345, § 1, 9-6-01)