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BULLET St. Louis City Revised Code Chapter 11.22 Lead Poisoning

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

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Chapter 11.22
Lead Poisoning

Sections:

11.22.010 Title.
11.22.020 Purpose.
11.22.030 Definitions.
11.22.040 Lead-bearing substances--Use.
11.22.050 Lead-bearing substances--Manufacture and sale of articles.
11.22.060 Warning labels.
11.22.070 Reports.
11.22.080 Inspections--Generally.
11.22.090 Inspections--Reported addresses.
11.22.100 Inspections--Required when other inspections conducted.
11.22.110 Inspections--Reports and samples.
11.22.120 Notice--Violation--Condemnation--Nuisance--Injunctions.
11.22.130 Treatment required.
11.22.140 Treatment of exposed surfaces.
11.22.150 Retaliatory eviction.
11.22.160 Other proceedings.
11.22.170 Lead inspection certification.
11.22.180 Rights of action.
11.22.190 Enforcement.
11.22.200 Appeals.
11.22.210 Penalty for violation.

11.22.010 Title.

This chapter shall be known and may be cited and referred to as the "Lead Poisoning Control Law."
(Ord. 56091 2, 1972.)

11.22.020 Purpose.

The purpose of this chapter is to detect, treat and prevent lead poisoning resulting from the internal consumption (including without limitation ingestion, inhalation and absorption) of lead-bearing substances, which internal consumption is hereby declared to constitute a serious public health hazard.
(Ord. 56091 3, 1972.)

11.22.030 Definitions.

For the purpose of this chapter, the following words, terms and phrases shall have the following respective meanings, unless otherwise specifically provided:

A. "Building Commissioner" means the Building Commissioner of the City of St. Louis or his duly authorized delegate or representative.

B. "Clearance testing" means any EPA approved environmental sampling method for measuring the presence of lead after remediation has been performed.

C. "Dust wipe sampling" means collection method as specified by HUD to determine if lead containing dust is present in excess of acceptable levels.

D. "Dwelling" means: (1) a structure, built before 1978, all or part of which is designated or used for human habitation, (2) a day care center, or (3) a school; and their related, ancillary, or accessory structures, including without limitation garages, carports, sheds, carriage houses, fences and gates.

E. "Dwelling unit" means any room, group of rooms or other interior area of a dwelling, all or part of which room, group of rooms or other interior area of a dwelling, all or part of which room, group of rooms or other interior area is either (1) designed or used for human habitation, or (2) commonly occupied by children in a day care center or a school.

F. "EPA" means the Environmental Protection Agency or the agency that succeeds it.

G. "Exposed surface" means (1) any interior surface of a dwelling or dwelling unit, or (2) any exterior surface of a dwelling or dwelling unit to which children may be commonly exposed.

H. "Health Commissioner" means the Health Commissioner of the City of St. Louis or his duly authorized delegate or representative.

I. "HEAP vacuuming" means a special vacuum device that is fitted with high-efficiency particulate air (HEAP) filter.

J. "HUD" means United States Department of Housing and Urban Development or the agency that succeeds it.

K. "Lead-bearing substance" means any paint, varnish, lacquer, putty, plaster, structural material or similar substance which contains one-half of one percent (0.05%) or more by weight of metallic lead based upon total non-volatile content, or one milligram or more per square centimeter (1.0 mg/cm2).

L. "Lead hazard" means as defined by the EPA.

M. "Lead-safe" means the complete absence of exposed lead bearing surfaces with clearance testing meeting published EPA standards.

N. "Owner" means any person who alone, jointly or severally with others:

1. Shall have legal title to any premises or dwelling, with or without accompanying actual possession thereof; or

2. Shall have charge, care or control of any premises, dwelling, dwelling unit or other facility as owner or agent of owner, or an executor, administrator, trustee, or guardian of the estate of the owner.

O. "Person" means any natural person, trustee, court appointed representative, syndicate, association, partnership, firm, club, company, corporation or any officer thereof, business trust institution, agency, government corporation, district, or other political subdivision, or any official or director thereof, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representative, acting either for himself or for any other person in any capacity. The masculine, feminine, singular, or plural is included in any circumstances.

P. "Relocation" means the temporary removal of residents to a location that has been determined to be lead-safe for the purposes of either protecting a child at risk or in order to remediate lead hazards. The necessity and duration of temporary relocation shall be determined by the Health Commissioner.

Q. "Remediation" means the repair of lead-hazardous conditions that may or may not include the complete removal of all lead paint but meets clearance test standards as specified by HUD.
(Ord. 64690 2, 1999: prior: Ord. 57791 1 (part), 1979: Ord. 56091 4, 1972.)

11.22.040 Lead-bearing substances--Use.

No person shall use or apply lead-bearing substances upon:

A. Any exposed surface;

B. Any fixtures or other objects used, installed or located upon any exposed surface, or intended to be so used, installed or located; or

C. Any furniture, toys or playground equipment.
(Ord. 56091 5, 1972.)

11.22.050 Lead-bearing substances--Manufacture and sale of articles.

No person shall manufacture, sell or hold for sale any of the following articles which have or contain lead-bearing substances:

A. Any fixtures or other objects intended to be used, installed or located upon any exposed surface;

B. Any furniture, toys or playground equipment.
(Ord. 56091 6, 1972.)

11.22.060 Warning labels.

No person shall manufacture, sell or hold for sale any lead-bearing substance, unless the lead-bearing substance is placed in a secure container bearing a conspicuous label, securely affixed upon the exterior of the container, on which label appears the following statement in large and prominent letters:

"CAUTION! COMBUSTIBLE! CONTAINS LEAD. HARMFUL IF SWALLOWED. KEEP AWAY FROM HEAT AND OPEN FLAME. DO NOT APPLY ON WINDOW SILLS, TOYS, FURNITURE OR INTERIOR SURFACES OF ROOMS WHICH MAY BE USED BY CHILDREN. AVOID PROLONGED CONTACT WITH SKIN AND BREATHING OF VAPOR OR SPRAY MIST. CLOSE CONTAINER AFTER EACH USE. USE WITH ADEQUATE VENTILATION. KEEP OUT OF THE REACH OF CHILDREN."
(Ord. 56091 7, 1972.)

11.22.070 Reports.

Lead poisoning is designated a reportable disease or condition, which shall be reported under the appropriate ordinances of the city (as now or hereafter in force), which ordinances are in Chapter 11.56 Part II.
(Ord. 56091 8, 1972.)

11.22.080 Inspections--Generally.

The building commissioner or the health commissioner may, upon his own motion, inspect dwellings and dwelling units for the purpose of ascertaining the presence of lead-bearing substances in or upon exposed surfaces.
(Ord. 56091 9(A), 1972.)

11.22.090 Inspections--Reported addresses.

The health commissioner shall immediately inspect for the presence of lead-bearing substances in or upon exposed surfaces of every dwelling or dwelling unit whose address appears in a report filed pursuant to Section 11.22.070.
(Ord. 56091 9(B), 1972.)

11.22.100 Inspections--Required when other inspections conducted.

In every inspection of a dwelling or dwelling unit conducted by the health commissioner (irrespective of whether such inspection is routine, upon a complaint of any nature, pursuant to Section 11.22.090, upon his own motion, or otherwise), he shall inspect for the presence of lead-bearing substances in or upon exposed surfaces and may remove samples necessary for laboratory analysis.

In every inspection of a dwelling or dwelling unit conducted by the building commissioner which is within any of the following categories of inspections (irrespective of whether such inspection is routine, upon a complaint of any nature, upon his own motion, or otherwise), he shall inspect for the presence of lead-bearing substances in or upon exposed surfaces and may remove samples necessary for laboratory analysis:

A. Minimum housing standards;

B. Hotels;

C. Rooming houses;

D. Boarding houses;

E. Lodging houses;

F. Day care centers;

G. Schools;

H. Building additions for dwellings;

I. Building alterations for dwellings;

J. Occupancy permits for dwellings;

K. Electrical installations;

L. Plumbing installations;

M. Structural condemnations of occupied dwellings;

N. Related, ancillary or accessory structures in all of the above cases.

In inspections by the building commissioner which are not within any of the preceding categories, he may in his discretion inspect for the presence of lead-bearing substances in or upon exposed surfaces and may remove samples for laboratory analysis.
(Ord. 56091 9 (C), 1972.)

11.22.110 Inspections--Reports and samples.

The building commissioner shall immediately prepare and forward all inspection reports and samples for laboratory analysis to the health commissioner.
(Ord. 56091 9 (D), 1972.)

11.22.120 Notice--Violation--Condemnation--Nuisance--Injunctions.

A. The Health Commissioner, immediately upon completing each inspection and/or obtaining samples or immediately upon receiving each inspection report and/or samples from the Building Commissioner, shall make a written determination as to whether lead-bearing substances are present in or upon the exposed surfaces of the dwelling or dwelling unit in question. If the Health Commissioner determines that lead-bearing substances are present, he shall immediately give notice in writing thereof to all tenants and occupants, the record owner or owners, and any known managing or rental agent of the dwelling, and shall post a copy of said notice upon said dwelling, in a conspicuous place within ten (10) days of the said written notice.

B. The Health Commissioner shall exercise the authority granted to him by the provisions of law of the City of St. Louis to declare and abate nuisances, which provisions on the date of the enactment of the ordinance codified in this section are contained in Section 14(c) of Article XIII of the Charter of the City of St. Louis, and shall declare and abate said condition as a nuisance. In addition to any ordinance provision, if the person whom the order or notice of the existence of lead paint or other lead hazards is served or mailed does not comply with the order of the Health Commissioner to correct and treat the condition creating the health hazard within the prescribed time period the Health Department may, itself or by contract, correct the condition by remediating the hazard, charge the costs thereof to the owner, and with the approval and assistance of the City Counselor, collect the costs by lien or otherwise. The lien placed on the property shall remain in effect until the property owner reimburses the City of St. Louis' Lead Fund for 60% of the costs for remediation made or until the property owner continuously maintains the unit as lead safe for a period of 10 years. The property will be periodically inspected to evaluate for compliance and lead hazard violations by the Health Commissioner.

C. The Health Commissioner may also refer any violation of this chapter to the City Counselor's Office for prosecution in the City Courts.
(Ord. 64690 3, 1999: prior: Ord. 57791 1 (part), 1979: Ord. 56091 10 (A), 1972.)

11.22.130 Treatment required.

If said exposed surfaces containing lead-bearing substances are not treated as required by Section 11.22.150 within fourteen days of said notice, then this chapter shall have been violated by any person or entity who is or was a record owner or a managing or rental agent of said dwelling on or after any date on which lead-bearing substances were present in or upon said exposed surfaces, and the health commissioner and the city counselor shall immediately proceed to prosecute each such person or entity.
(Ord. 56091 10 (B), 1972.)

11.22.140 Treatment of exposed surfaces.

A. The Health Commissioner shall determine whether the lead-bearing substances in or upon exposed surfaces shall be either removed or securely encapsulated The removal or covering of lead-bearing substances shall be accomplished in a manner which will not endanger the health or life of human beings, and which will result in the safe elimination from the dwelling or dwelling unit and the safe disposal of flakes, chips, debris, dust and other material. Subject to the requirements contained in the two preceding sentences, the Health Commissioner shall determine the manner in which exposed surfaces containing lead-bearing substances shall be treated and may issue rules and regulations concerning such treatment consistent with state and federal law.

B. The City of St. Louis and the Department of Health and Hospitals shall cooperate with any other entity or nonprofit agency which makes housing available to tenants who must leave their primary residence due to lead-paint hazards or on a temporary basis during lead paint remediation. The Department of Health shall create, keep, and update a list of lead-safe residences and temporary housing options for tenants who must vacate their dwelling due to lead paint hazards or during lead paint remediation. The Department shall inspect and certify temporary housing as lead-safe, facilitate the relocation of families and perform environmental testing (dust wipe sampling) before and after lead-paint hazard remediation.
(Ord. 64690 4, 1999: prior: Ord. 57791 1 (part), 1979: Ord. 56091 10 (C), 1972.)

11.22.150 Retaliatory eviction.

A. No property owner, landlord, or their agent shall terminate any lease, rental agreement, tenancy, or otherwise recover possession of any premise, or file a lawsuit to recover possession of a premise in whole or in part, because the tenant, or someone acting on their behalf, allowed inspectors onto the premises or dwelling to test for lead, or allowed their child, or any child under their care to be tested for lead poisoning. No violation shall exist hereunder until there has been a final judgment on any eviction. It shall not be considered a violation of this chapter if the family is temporarily relocated during the remediation of lead hazards.

B. No property owner, landlord or their agent shall refuse the occupancy of any said premise to the relocated tenant upon the request of the tenant to reoccupy the premise. Upon completion of the lead remediation the landlord or property owner shall notify the Department of Health and Hospitals. The Department shall conduct a re-inspection within three (3) working days and notify the tenant that the unit is available for re-occupancy. It is the responsibility of the tenant to keep the Department updated as to their location. The tenant must notify the landlord and the Department in writing within 10 days of being notified by the Department that they wish to reoccupy the unit.

C. The Court shall consider, among other factors, in determining whether a violation has occurred, whether the termination of tenancy, recovery of possession, or filing of a lawsuit for possession has occurred within 60 days after either the testing of a resident child or the premises for lead.
(Ord. 64690 5, 1999: prior: Ord. 57791 1 (part), 1979: Ord. 56091 11, 1972.)

11.22.160 Other proceedings.

No inspection, determination, notification, prosecution or other action under this chapter shall be delayed in any manner for or by reason of any inspection, determination, notification, prosecution or other action under any other ordinance.
(Ord. 56091 12, 1972.)

11.22.170 Lead inspection certification.

Landlords wanting to have their units certified as lead inspected may do so for a nominal fee to be established by the Health Commissioner by contacting, in writing, the Department of Health and Hospital's Environmental Section. A lead inspector will make a comprehensive and thorough inspection and issue an inspection report to the landlord within 14 days of the inspection. Lead hazardous conditions are to be cited and the presence of intact areas of lead paint noted as potential sources of lead hazards. Units containing chewable lead-painted surfaces will be assisted in encapsulating these surfaces to eliminate them as potential lead hazards. Once compliance has been met a Passed Lead Inspection Certificate will be given specifying the date of certification and conditional on the unit being maintained as to prevent any lead containing surfaces from becoming hazardous. Landlords who maintain their units in accordance with this provision are permitted to advertise their units as having "Passed Lead Inspection." A list of units having passed the lead inspection will be kept, updated and maintained by the Department of Health and Hospitals. No owner may advertise a rental unit as Passed Lead Inspection unless said unit has passed the lead inspection.
(Ord. 64690 6, 1999: prior: Ord. 57791 1 (part), 1979: Ord. 56091 13, 1972.)

11.22.180 Rights of action.

Nothing in this chapter shall be interpreted or applied in any manner to defeat or impair the right of any person or entity to maintain an action or suit for damage sustained or equitable relief by reason of or in connection with any violation of this chapter.
(Ord. 56091 14, 1972.)

11.22.190 Enforcement.

The enforcement of this chapter shall be governed by the enforcement provisions of this chapter and by the enforcement provisions of the Building Officials and Code Administrators (BOCA) Code.
(Ord. 64690 7, 1999: prior: Ord. 57791 1 (part), 1979: Ord. 56091 15, 1972.)

11.22.200 Appeals.

Appeals under this chapter shall be governed by the appeals provisions of the minimum housing standards law of the city (as now or hereafter in force), which provisions are in the building code, Title 25, except that for purposes of this chapter, all references in the provisions to minimum housing standards law shall be read as references to this chapter.
(Ord. 56091 16, 1972.)

11.22.210 Penalty for violation.

Every person convicted of a violation of any section of this chapter shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment for not more than ninety days, or by both such fine and such imprisonment.
(Ord. 56091 20, 1972.)

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