§ 94.80. Definitions.

For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Child care facility." Any place in which children under six years of age are cared for by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or residence other than a child's own home.

"Child with lead poisoning." A child or children six years of age and younger with a confirmed blood level greater than or equal to ten micrograms μg M of lead per deciliter (dL) of whole blood (μg M/dL) or such lower blood lead level as may be recommended by the Department of Health and Human Services, Public Health Center, Centers for Disease Control (CDC).

"Director of Health." The Director of Health of the City or his duly authorized delegate or representative.

"Dust-lead hazard." A dust-lead hazard is present when:

1.

Lead-contaminated dust on floors contains forty μg/ft (micrograms per square foot) or more lead or such lead content that may be recommended by the Director of Health or may hereafter be established by federal law or regulation;

2.

Lead-contaminated dust on interior window sills or on any other interior accessible surface contains 250 μg/ft (micrograms per square foot) or more lead or such lead content that may be recommended by the Director of Health or may hereafter be established by federal law or regulation;

3.

Lead-contaminated dust in window troughs (window wells) contains 400 μg/ft (micrograms per square foot) or more lead or such lead content that may be recommended by the Director of Health or may hereafter be established by federal law or regulation.

"Dwelling." A structure all or part of which is designed for human habitation.

"Dwelling unit." Any room, group of rooms, or other interior area of a structure designed or used for human habitation.

"Exposed surface." In or on a dwelling unit, an exterior surface that is readily accessible to children.

"Lead based coatings." Any paint, lacquer, or other applied liquid surface coating or putty which contains more than five thousand ppm lead by weight calculated as lead metal in the total nonvolatile content of liquid paints; or one milligram or more per square centimeter as measured by an analytical device or procedure approved by the Director of Health, or such standard as may hereafter be established by federal law or regulation.

"Lead-bearing substance." Any structural substance or material which contains more than five thousand ppm lead by weight calculated as lead metal in the total nonvolatile content of liquid paints; or one milligram or more per square centimeter as measured by an analytical device or procedure approved by the Director of Health, or such standard as may hereafter be established by federal law or regulation.

"Occupant." Any person who is living, sleeping, cooking, eating in, or actually having possession of a dwelling unit or a rooming unit, except in dwelling units a guest will not be considered an occupant.

"Owner." Any person who alone, jointly, or severally with others:

1.

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

2.

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

"Person." Any individual, firm, corporation, association, or partnership.

"Premises." The dwelling and any other building of any kind or nature located on the lot, as well as the entire parcel of land surrounding such buildings, including but not limited to, fences, walkways, walls, and appurtenances.

"Rubbish." Nonputrescible solid wastes (excluding ashes) consisting of either:

1.

Combustible wastes, such as old batteries, paint scraping, paper, cardboard, plastic containers, yard clippings, and wood; or

2.

Noncombustible wastes, such as tin cans, glass, and crockery.

"Safety." The condition of being free from danger and hazards that may cause accidents or disease.

"Soil-lead hazard." A soil-lead hazard is present when:

1.

Lead-contaminated bare soil within the building perimeter and yard contains two thousand ppm (parts per million) or more lead; or such lead content that may be recommended by the Director of Health or may hereafter be established by federal law or regulation.

2.

Lead-contaminated bare soil within play areas and high-contact areas contains four hundred ppm (parts per million) or more lead; or such lead content that may be recommended by the Director of Health or may hereafter be established by federal law or regulation.

"Solid wastes." All putrescible and nonputrescible solids (except body wastes), including garbage, rubbish, and dead animals.

"Surface." The outermost layer or superficial area of a dwelling or dwelling units, including, but not limited to, the outermost layer or superficial area of the walls, ceilings, floors, stairs, windows, window sills, window frames, window sashes, doors, and door frames. Penalty, see § 94.99.

(Ord. 523-2002; Ord. 671-1992; Ord. 167-1988; Ord. 9-1979)