Oakland Municipal Code Art. XIII Lead Hazard Control and Abatement

The purpose of this Article is to promote the health, safety, and general welfare of the people of Oakland by requiring the removal of lead hazards throughout the City. This Chapter shall apply to all buildings and portions thereof including the premises on which they are located, including dwellings, dwelling units, hotels, motels, guest rooms, childcare facilities, buildings open to the public, yards, soil, and any premises or areas inhabited or frequented by children. The property owner shall be responsible for the removal or the control of all lead hazards. The extent of the removal or the control of the lead hazard shall be determined by a lead risk assessment report prepared by a third-party State of California certified Lead Risk Assessor retained by the property owner.

(Ord. No. 13719, § 5, 12-20-2022)

"Abatement" means measures designed to permanently eliminate known lead hazards, including, but not limited to, the following:

1. The removal of lead-based paint from a building component, the replacement of a building component painted with a lead-based paint or the enclosure or encapsulation of lead-based paint;

2. Removal or covering of lead contaminated soil and dust;

3. Removal of any item found to be a lead hazard to a child;

4. All preparation, clean-up, worker protection, disposal, and post abatement clearance testing activities associated with such measures.

"Child" means any person who is under six (6) years of age.

"Encapsulation" means a method of abatement that involves the coating and sealing of surfaces with durable surface coatings specifically formulated to be elastic, able to withstand sharp and blunt impacts, long-lasting, and resilient, while also resistant to cracking, peeling, algae, fungus, and ultraviolet light, so as to prevent any part of lead-based paint from becoming part of house dust or otherwise accessible to children. Paint is not an encapsulant unless approved for such use by the U.S. Environmental Protection Agency or the State of California Department of Health Services.

"Enclosure" means a method of abatement that involves the resurfacing or covering of surfaces with durable materials such as gypsum board or paneling and sealing or caulking the edges and joints so as to prevent or control caulking, flaking, peeling, scaling, or loose lead-based paint from becoming part of house dust or otherwise accessible to children.

"Interim Controls" means strategies or measures to temporarily reduce a lead hazard to a child including, but not limited to, specialized cleaning, paint stabilization, painting, repairs and maintenance.

"Lead Hazards" includes deteriorated lead-based paint, lead-contaminated dust, and lead-contaminated soil, and also includes disturbing lead-based paint or lead contaminated soil without containment, or any other nuisance which may result in persistent and quantifiable lead exposure.

"Lead-Based Paint" means any paint or other surface coating that contains lead in excess of 1.0 milligrams per square centimeter, as measured by x-ray fluorescence (XRF), or 0.5 percent (5,000 parts per million [ppm]) by weight as measured by industry standard laboratory analytical methods, or that level as determined in the most recent standards as established by the U.S. Environmental Protection Agency.

"Deteriorated Lead-Based Paint" means lead-based paint or presumed lead-based paint that is cracking, chalking, flaking, chipping, peeling, non-intact, failed, or otherwise separating from a component.

"Lead-Contaminated Dust" means dust that contains an amount of lead equal to, or in excess of:

(a) Ten micrograms per square foot (10 ug/ft 2 ) for interior floor surfaces; or

(b) One hundred micrograms per square foot (100 ug/ft 2 ) for interior horizontal surfaces; or

(c) Four hundred micrograms per square foot (400 ug/ft 2 ) for exterior floor and exterior horizontal surfaces.

"Lead-Contaminated Soil" means bare soil that contains an amount of lead equal to, or in excess of, four hundred parts per million (400 ppm) in children's play areas and one thousand parts per million (1,000 ppm) in all other areas.

"Lead Hazards to Children" shall mean the presence of a readily accessible, dangerous level of lead-containing substance on the exterior or interior of a surface, fixture, connection, or appurtenance of any dwelling, dwelling unit, hotel, motel, guest room, childcare facility, institution, yard, soil, or any premises inhabited or frequented by children that may cause an elevated blood lead level.

"Presumed Lead-Based Paint" means paint or surface coating affixed to a component in or on a structure constructed prior to January 1, 1978. All paint on buildings built before 1978 is presumed to be lead-based paint unless it has been tested in accordance with State law and has been shown to not be lead-based paint.

"Readily Accessible" means in a dusty, peeling, flaking, or chipped condition, or located on or in a substance or surface from which it may be chewed, ingested, or inhaled by children.

"Replacement" means a method of abatement that removes components such as windows, doors, and trim that have lead-based painted surfaces, and installs new or de-leaded components free of lead-based paint.

(Ord. No. 13719, § 5, 12-20-2022)

The Building Official may enter any property, premises, or area when the Building Official has reasonable cause to believe any lead hazard or presumed lead-based paint exists, including any building built before 1978 where construction, rehabilitation, or painting is taking place, for the purpose of inspection and enforcement of the provisions of this Article, subject to any applicable requirements of law relating to such entry.

(Ord. No. 13719, § 5, 12-20-2022)

A. If, upon visual inspection, the Building Official is persuaded that lead hazards are present, including, but not limited to, deteriorated lead-based or presumed lead-based paint, or the disturbance of lead-based paint without containment, the Building Official shall issue an order requiring the property owner to retain a third-party State of California certified lead risk assessor to inspect and produce an lead risk assessment report.

B. The Building Official may also issue a stop work order to prevent the further disturbance of lead-based or presumed lead-based paint without containment.

(Ord. No. 13719, § 5, 12-20-2022)

A. The property owner shall be responsible for the removal or the control of all lead hazards. The extent of the removal or the control of the lead hazard shall be determined by the lead risk assessment report produced by a certified lead risk assessor after inspection.

B. Prior to implementation of an abatement work plan or interim control measures, property owners, their agents, or other responsible parties must submit such plans for approval to the City of Oakland, Planning and Building Department, and obtain all necessary permits.

C. The work plan shall include a description of the method to be used to reduce the hazard; the disposal method for the lead-containing substances; the personnel performing the work; and other information requested by the City of Oakland, Planning and Building Department.

D. The work plan shall include a relocation plan for any residential tenants who must be relocated for safety reasons while the abatement work is taking place.

(Ord. No. 13719, § 5, 12-20-2022)

A. It is unlawful and a misdemeanor for any property owner:

1. To refuse or neglect to remove or reduce known lead hazards if ordered to do so by the Code Enforcement Inspector; or

2. To permit readily accessible, dangerous levels of lead-containing substances to remain on the exterior or interior surfaces, soil, fixtures or appurtenances of any dwelling, dwelling unit, child care facility, institution, hotel guest room, rooming house, or any premises inhabited or frequented by children.

B. It is unlawful and a misdemeanor for any person owning, leasing, occupying, or having charge or possession of any premises to damage, disturb, neglect, or remove any abatement or interim control measures so as to cause a lead hazard.

C. All lead hazards are a public nuisance.

(Ord. No. 13719, § 5, 12-20-2022)

All individuals hired or employed by an owner, agent, or responsible party to perform lead-related construction, hazard control, removal, or abatement within the City must have a State of California Interim Certification, or Environmental Protection Agency (EPA) Certification when such certification is available through the California State Department of Health Services.

In accordance with the Lead Renovation, Repair, and Painting (RRP) rule, those who receive compensation for renovations in housing and child-occupied facilities built before 1978 must follow certain requirements. The requirements, at a minimum, include the following:

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The firm that performs the work must possess RRP firm certification from EPA.

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The job supervisor employed by the firm must have an individual renovator certification and be able to present that certification at any time.

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Each worker must either have an individual renovator certification or have been trained by a supervisor with individual renovator certification.

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The firm must provide the "Renovate Right" brochure to owners and/or tenants before the work begins.

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The firm must maintain adequate written records for three (3) years.

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The firm or workers hired by the firm must perform, at the minimum, the following at the worksite:

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Post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area;

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Contain the work area so that dust and paint chips do not leave the work area;

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Close windows, doors and/or ducts to minimize exposure to lead dust and chips;

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Cover the floor/ground with plastic sheeting (six (6) to ten (10) feet wide in most cases);

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If using machines to sand, grind, plane, or sandblast, the machine must be connected to a high efficiency particulate air (HEPA) vacuum;

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At the end of each work day, waste must be collected, contained and stored safely to prevent access to dust and debris or the release of dust and debris;

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Properly dispose of waste; and

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Clean work area so no dust, debris or residue remains after project is finished.

(Ord. No. 13719, § 5, 12-20-2022)

Administrative Hearing. Any person adversely affected by an order, decision, or determination made under this Article may appeal by requesting an administrative hearing before a Hearing Officer following the procedures set forth in Oakland Municipal Code Section 15.04.1.125.

(Ord. No. 13719, § 5, 12-20-2022)