Document B8Yb1N4BbNLOBQ4m56ekkKqO8

CITY OF PHILADELPHIA DEPARTMENT OF PUBLIC HEALTH '- . ' 5 "" * ' * Regulations Relating to labeling, Application and Removal of Lead Paint Approved: BOARD OF HEALTH April 28, 1966 LAW DEPARTMENT June 22, 1966 RECORDS DEPARTMENT July 27, 1966 N11965 ClTr OF PHILADELPHIA DEPARTMENT OF PUBLIC HEALTH REGULATIONS RELATING TO LABELING, APPLICATION AND REMOVAL OF LEAD PAINT THE PHILADELPHIA CODE TITLE 6--HEALTH CODE Section 6-403--Residential and Occupancy Hygiene. 1. Definition. - (a) Lead Paint. Any pigmented, liquid substance applied to surfaces by brush, roller or spray in which the total non-volatile ingredients contain more than one per cent (I%) of lead, by weight, calculated as metallic lead. " 2. Prohibited Conduct. (a) No person shall apply lead paint to toys, furniture or the interior surfaces of any dwelling, rooming bouse, dwelling unit, rooming unit or facility occupied or used by children. (b) No person shall sell, transfer or deliver toys or furniture to which lead paint has been applied. 3. Labeling. (a) Containers in which lead paint is stored, sold, or transferred for retail purposes shall be labeled in accordance with regulations adopted by the De partment. 4. Hazardous Conditions. (a) Where, tlie Department determines that the pres ence of lead paint upon any premises creates a health hazard to children, it shall issue an order to the owner or occupant to eliminate the hazard in accordance with method- prescribed by regula tions issued In the Department. Pursuant to Section 3-30100 of the Home Rule Charter and Section 6-103 of the Philadelphia Code, the following regulation- are promulgated In the Hoard of Health and issued in the Department of Public Health. 1. DEFINITIONS In these regulations, the following definitions apply: (a) Approved. Satisfactory compliance as determined and recorded in the Department of Public Health. (b) Dwelling. Dwelling Lnit. Rooming llon-e, and Rooming l;nil. A building or structure which is wholly or partly used or intended to be u-<`d for Ii v mg. -leeping, or cooking, by human oeeupan!-. LIA-75687 (e) Facility. Any building or structure and equip* meat therein. (d) Lead Paint. Any pigmented. liquid substance applied to surfaces by brush, roller or spray in wbicli the total non-volatile ingredients contain more than one per cent (1%) of lead, bv weight, calculated as metallic lead. - (e) Premises. A lot. plot or parcel of land including all facilities thereon. 2. PROHIBITED USE OF LEAD PAINT No person shall apply lead paint to toys, furniture or the interior surfaces of any dwelling, dwelling unit, rooming house, rooming unit or facility occupied or used by children. Such interior surfaces include but are not limited to window sills, window frames, doors, door frames, walls, ceilings, stair rails and spindles., or other appur tenances. 3. PROHIBITED HANDLING OF TOYS OR FUR NITURE TO WHICH LEAD PAINT HAS BEEN APPLIED No person shall sell, transfer or deliver toys or fur niture to which lead paint has been applied. 4 LABELING OF LEAD PAINT No person shall store, sell or transfer for tetail pur poses a lead paint unless the container used in retail trade bears a warning statement which shall be an integral part of the label and shall be placed in a conspicuous place on the immediate container of such paint and shall he printed in letters which are legible ami in conspicuous contrast with other printing appearing on the container. The statement shall he in substantial ronformance with state and federal laws and regulations ami recommended standards of tin- Federal Hazardous Substances Labeling Act and shall further conform in wording and type style and size as follows or shall be an approved equivalent: (Type size & style) WARNING ! CONTAINS LEAD. HARMFUL IF EATEN Do not apply on toys, furniture, window sills or other interior surfaces of any dwelling or facility which may be occupied or used by children. Keep away from heat and open flame. Avoid prolonged contact with skin and breathing of vapor or spray mist. Close container after each use. Use with adequate ventilation. (10 pt. caps) (10 pt. caps) (10 pi. type) ' (12 pt. type) KEEP OUT OF THE REACH OF CHILDREN (10 pt. rap.,) This warnin': statement shall also be required on accompanying literature including directions for use. Where tinting or coloring added to paint at the point of sale produces a final paint product with more than 1% lead, the labeling requirements of this section shall apply. Labels on containers of lead paint manufactured prior to the effective date of this regulation shall be made to conform with the above labeling requirements by the application of a separate warning label which shall be affixed directly upon the existing label. Provided, how ever, that after one year from the effective date of these ' regulations the warning shall be an integral part of the ' label on the container. S. REMOVAL OF LEAD PAINT Where the Department determines that the presence of lead paint upon any premises creates a health hazard to children, it shall issue an order to the owner or *ceupant to eliminate the hazard. Lead paint shall be completely removed from an)- surface which can be chewed or eaten by children. Cracked, chipped, blistered or peeling lead paint shall be completely removed. The lead paint ordered to be removed shall be completely removed to the base surface under such safety conditions as may be approved by the Department, in lieu of removal of the lead paint, the accessible surface shall he covered with an approved durable material. Repainting a surface uith a non -leaded paint nitkout the complete removal of the existing lead paint shall not be deemed to be satisfactory compliance uith this section. The methods used for the removal of lead paint shall not present a hazard to health from fumes, dust or vapors by inhalation or absorption through the skin and mucous membranes and shaii be in; accordance with all applicable laws, ordinances, regulations and safely standards anti practices of the City of Philadelphia, state and federal agencies. **. *,* ' Section 6403 PENALTIES*- (1) In addition to any other sanction or remedial procedure..'provided, any person who shall violate anv provision of this Title, any Regulation adopted under it. any order of the Department i-sued thereunder, or anv' condition of any license required thereunder anti anv person who knowingly participates'in any such violation by any other perstm or who lias reason to know that his participation will materially eontfihuie to any stieh violation by another per-on. shall be subject to a line of not less than >'2.'). ami not more than triad, for the /irst violation and not less titan j S.VJ. anti hot mitre than S300. for the seeontl and each subsequent violation together with imprisonment not weeding 90 days if the fine and costs are not paid within 10 days. Continuous violation of the sand: provisions shall lie a separate violation for each day. . NOTE: The provisions of Section 6-103 apply to all Violations of the Health Code. They are printed here, in part, for information only.