New Lead Proposal ​“Eviscerates” Mandate

The city has submitted to the Board of Alders an amended lead poisoning law that would clearly define an ​“actionable blood lead level” as matching the federal reference level.

Much to the concern of legal aid attorneys currently suing the city over lax enforcement of existing lead laws, however, the proposed changes may also neuter the mandate that the health department conduct full inspections and enforce abatement whenever that ​“actionable blood lead level” is met.

The proposed law ​“eviscerates the current protections for children,” one attorney said upon reading the draft.

Those proposed changes to the city’s lead poisoning laws, which are spelled out in Chapter 16, Sec. 3 of the city’s Code of Ordinances, are included in a new submission to the Board of Alders for its upcoming full board meeting on Aug. 5.

They were submitted by Community Services Adminsitrator Dakibu Muley, and come in the wake of Mayor Toni Harp’s commitment at the beginning of July to clarify the city’s lead poisoning laws to better protect local children and to put an end to a string of recent lead-related lawsuits.

Update — Board of Alders Majority Leader Richard Furlow issued the following statement about the proposed ordinance amendment on Friday afternoon: ​“The Mayor has submitted to the Board of Alders a working document amending the Lead Ordinance. We will now proceed with the legislative process and public input to bring forth a final amendment to the Ordinance that is appropriate for the residents of our City.”

And mayoral challenger Justin Elicker sent an email press release Friday afternoon stating the following: ​“The City already has a strong lead ordinance that has been in place for many years until the Harp Administration decided not to follow it under the inaccurate claim that the ordinance was vague. The issue here is not a law that needs to be changed, it is an Administration that is not willing to enforce the existing law and protect children. Harp’s new proposal fundamentally makes legal the Harp Administration’s current unwritten policy to not aggressively require abatement of properties where children are exposed to poisonous levels of lead.” 

Four different state judges have rebuked the city in recent years for not living up to the letter of the local law in ordering inspections and enforcing lead hazard abatements for children who test as having elevated blood lead levels of 5 micrograms per deciliter (μg/d)L or higher. That’s the reference level for dangerously high blood lead levels set by the federal Centers for Disease Control, and the current local definition of lead poisoning, as recently affirmed by a state judge.

The proposed amended ordinance submitted on July 29 clearly defines an ​“actionable blood lead level” as 5 μg/dL for children six years old or younger. See below to read the proposed amended ordinance in full.

The proposed ordinance updates also call for the creation of a revolving loan program to help low and moderate-income property owners pay for lead hazard abatement, and clearly states that landlords will be on the hook not just for abatement, but for covering the costs of inspections by city lead inspectors. ‘

‘“The owner of the premises where an epidemiological investigation is conducted under this article shall pay the city a fee for this service,” the amended ordinance reads. ​“The Director of Public Health shall establish a fee structure to cover the cost of providing epidemiological investigations.”

In a letter submitted to Board of Alders President Tyisha Walker-Myers on July 29, Muley says that the proposed updates are in line with the mayor’s commitment to ​“conduct comprehensive in-home investigations of sources of lead exposure in the homes of children under the age of six years who have a confirmed blood lead level equal to or greater than five micrograms per deciliter of whole blood,”

“State law requires this investigation at the level of twenty micrograms per deciliter of whole blood,” he continues. ​“While many of the changes conform the City’s ordinance to requirements under state law, it is clear that New Haven will be a leader in our state and in our region as we develop policies that will make New Haven Connecticut’s lead-safe city. This proposed amendment modernizes certain aspects of the City ordinance, allowing for the use of lead-safe liquid encapsulation as an efficient, effective and affordable means of lead abatement, where appropriate.”

The proposed ordinance amendments now have been submitted to the board as a communication, meaning that they will receive a public hearing and two readings before the full board before they are voted on and potentially adopted into law.

“Completely Eviscerates The Current Protections”

New Haven Legal Assistance Association (NHLAA) Attorney Amy Marx, who along with NHLAA Director of Legal Services Shelley White, criticized the proposed updates as stripping the health department of all mandates it currently has to follow through on inspections and abatement enforcement for children who test at a 5 or higher.

What good is a clearly defined ​“actionable blood lead level,” she said, if the ​“actions” required are less than under current law or even allow no action at all?

She singled out the proposed updates to Sec. 16 – 64 (d) as giving too much discretion to the health department as to when it has to conduct full lead inspections.

That section of the proposed ordinance indicates that, upon receipt of a report that a child has an elevated blood lead level of 5 or higher, the director of public health ​“is authorized to inspect any premises frequented by such child to determine whether lead hazards exist. Such inspection may include, without limitation, an epidemiological investigation of sources of lead causing the increased blood lead level.

“If lead sources are identified, the director of public health shall order such action to be taken by the appropriate person or persons responsible for the condition that brought about the actionable blood lead level as may be necessary to prevent further exposure of the child to lead sources.”

The current language, which is crossed out and removed in the proposed update, states that the director of public health ​“shall issue an order to the owner of the premises or the occupant of any dwelling unit therein who possesses hazardous personal property to eliminate the hazard” whenever the health department finds out that there is lead paint creating a health hazard for children.

“The ordinance completely eviscerates the current protections for children,” Marx said, and is in stark contrast to the mayor’s prior public commitments to having lead inspectors use X‑ray analysis to determine lead paint hazards at the homes of children testing at a 5 or above.

She also criticized proposed updates to the law that would remove the requirement that the Board of Alders approve the members of the Lead Paint Advisory Committee and that would require that the committee include legal representatives in its membership. The proposed updates also remove all concrete timelines previously associated with when a landlord had to put together a lead abatement plan following the city’s finding of lead hazards, and when the landlord has to begin abatement work.

“Quite helpfully, [the ordinance] does clarify the action level as 5 and not 20,” which is the state threshold for required lead inspections and abatement enforcement, Marx said. But the proposed changes give the health department the discretion to ​“take no action at all” when that level is met.

In the city’s most recent state court filings in opposition to a class action lawsuit regarding its lead paint protection laws, city-hired outside attorneys argued that the judge should dismiss the case because the city has already submitted proposed changes to the local law in accordance with the judge’s prior orders. Based on her reading of the proposed amended ordinance, Marx said, that’s simply not true.

See below for the proposed preamble for the amended lead ordinance, followed by the proposed amended ordinance itself.

Preamble

City of New Haven Lead Paint Ordinance sets forth the framework for the Health Department to conduct preventive inspections of housing units where young children reside for greater cohesion with the State of Connecticut Department of Public Health lead statutes and regulations. 

Whereas: The City of New Haven wishes to protect the interests of young children living in the city.

Whereas: The City will engage city landlords as partners in the prevention of child exposure to lead toxins and improving the safety of housing units for children.

Whereas: The Health Department will inspect the homes of children who have a blood lead level equal to or greater than five micrograms per deciliter, which is a lower threshold than required by State law. 

Whereas: The City of New Haven will increase the number of lead inspectors in anticipation of an increase in the number of inspections of homes where children reside and will charge a fee for performing each inspection.

Whereas: The Health Department will actively engage landlords to educate them and assist them in improving and maintaining lead-safe properties.

Whereas: The City, upon approval, will explore development of a revolving loan fund to assist low- and moderate-income homeowners to afford the cost of lead abatement.

Now therefore the City of New Haven finds that, in the interest of protecting young children, it shall lower the threshold for inspection of homes of children with blood lead levels equal to or greater than five micrograms per deciliter.

ARTICLE III. — LEAD PAINT 

(Reporter’s Note: The proposed additions to the existing amendment are written in ALL CAPS. The proposed removals of existing language are written with a line drawn through the words. Click here to download a copy of the proposed amended ordinance, where the proposed changes are written in ALL CAPS and in red.)

Sec. 16 – 61. — Definitions.

As used in this article, the following terms shall have the meanings ascribed herein:

(a) ACTIONABLE BLOOD LEAD LEVEL MEANS A CONFIRMED VENOUS BLOOD LEAD LEVEL EQUAL TO OR GREATER THAN FIVE (5) MICROGRAMS PER DECILITER OF WHOLE BLOOD.

(b) CHILD MEANS A PERSON UNDER THE AGE OF SIX YEARS.

(c) CHEWABLE SURFACE MEANS ANY PROJECTION ONE HALF INCH OR GREATER FROM AN INTERIOR OR EXTERIOR SURFACE UP TO FIVE FEET IN HEIGHT THAT CAN BE MOUTHED BY A CHILD.

(d) DEFECTIVE SURFACE MEANS PEELING, FLAKING, CHALKING, CRACKING, BLISTERING, LOOSE, SCALING OR CHIPPING PAINT; DEFECTIVE OR DETERIORATING SUBSTRATE; OR FALLING PLASTER, OR PLASTER WITH HOLES IN IT; PAINT OVER A DEFECTIVE OR DETERIORATING SUBSTRATE; OR PAINT THAT IS DAMAGED IN ANY MANNER SUCH THAT A CHILD CAN BE EXPOSED TO PAINT FROM THE DAMAGED AREA. 

(e) Department shall mean the New Haven Health Department.

(f) Director of public health shall mean the legally designated health authority of the city, or his/her designee.

(e) Dwelling shall mean every building or shelter used or intended for human habitation, including exterior surfaces and all common areas thereof, and the exterior of any other structure located within the same lot, even if not used for human habitation.

(f) Dwelling unit shall mean a room or group of rooms within a dwelling arranged for use as a single household by one (1) or more individuals living together who share living and sleeping facilities. 

(g) EPIDEMIOLOGICAL INVESTIGATION MEANS AN EXAMINATION AND EVALUATION TO DETERMINE THE CAUSE OF ACTIONABLE BLOOD LEAD LEVEL. AN EPIDEMIOLOGICAL INVESTIGATION WILL INCLUDE AN INSPECTION CONDUCTED BY A LEAD INSPECTOR TO DETECT LEAD-BASED PAINT AND A REPORT OF FINDINGS. THIS INVESTIGATION MUST ALSO INCLUDE EVALUATION OF OTHER SOURCES SUCH AS SOIL, WATER, DUST, POTTERY, OCCUPATIONAL EXPOSURES, OR IMPORTED FOOD, CONFECTIONS, COSMETICS, HOME REMEDIES, HERBAL TREATMENTS, JEWELRY, COOKWARE OR TOYS, TO DETERMINE THE CAUSE OF ACTIONABLE BLOOD LEAD LEVELS. THE INVESTIGATION MAY ALSO INCLUDE ISOTOPIC ANALYSIS OF LEAD CONTAINING ITEMS.

(h) NEW INTACT SURFACE MEANS A DEFECT-FREE SURFACE WITH NO LOOSE, PEELING, CHIPPING OR FLAKING PAINT. PAINTED SURFACES MUST BE FREE FROM CRUMBLING, CRACKING OR FALLING PLASTER AND MUST NOT HAVE HOLES. INTACT SURFACES MUST NOT BE DAMAGED IN ANY WAY SUCH THAT PAINT IS ACCESSIBLE TO A CHILD.

(i) Lead abatement plan shall mean a written plan that identifies the location of lead-based paint and describes how all lead-based painted surfaces will be abated and how the environment, health, and safety will be protected. The plan also identifies the location of soil containing lead and describes sampling protocol used and abatement options. LEAD CONTAMINATED SOIL MUST BE REGULARLY MONITORED SUCH THAT COVERINGS, BARRIERS AND ACCESS RESTRICTIONS ARE MAINTAINED IN ACCORDANCE WITH STATE PROTOCOL.

(j) Lead-based paint shall mean:

(1) Any paint offered for sale for use on or in a residential dwelling which contains more than 0.06 percent lead by weight as measured by atomic absorption spectrophotometry, graphite furnace atomic absorption spectrophotometry, or inductively coupled plasma atomic emission spectrophotometry, by a laboratory approved by the State of Connecticut Department of Public Health for lead analysis.
(2) Any dried film of paint containing an amount equal to or greater than 0.50 percent lead by dry weight as measured by atomic absorption spectrophotometry, graphite furnace atomic absorption spectrophotometry, or inductively coupled plasma atomic emission spectrophotometry, by a laboratory approved by the State of Connecticut Department of Public Health for lead analysis, or a level equal to or greater than 1.0 milligrams lead per square centimeter of surface as measured on site by a X‑ray fluorescence analyzer or other equipment deemed sufficiently accurate and reliable by the State of Connecticut Commissioner of Public Health.

(g) Lead poisoning shall mean a blood lead concentration equal to or greater than twenty (20) micrograms per deciliter of whole blood, or any other abnormal body burden of lead as defined by the Centers for Disease Control and Prevention. 

(k) NEW. LEAD MANAGEMENT PLAN SHALL MEAN A WRITTEN PLAN DESCRIBING HOW INTACT SURFACES WITH LEAD-BASED PAINT WILL BE MONITORED TO ENSURE DEFECTIVE SURFACES WILL BE IDENTIFIED AND ABATED OVER TIME.

(l) Occupant shall mean any ADULT person over one (1) year of age living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

(m) Operator shall mean any person who has charge, care, or control OR LEASING of a building, or part thereof, in which dwelling units or rooming units are let.

(n) Owner shall mean any person who, alone or jointly or severally with others:

(1) Has legal title to any dwelling unit with or without accompanying actual possession thereof; or
(2) Has charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person representing the owner shall be bound to comply with this article, and all rules and regulations adopted pursuant thereto, to the same extent as if he/she was the owner.

(o) Person shall mean and include any individual, firm, corporation, association, partnership or any other business concern.

(p) Premises shall mean a platted or unplatted lot or parcel of land, or part thereof, either occupied or unoccupied by any structure, including any building or structure on it.

(q) RISK ASSESSMENT MEANS AN IN-HOME EVALUATION OF POTENTIAL LEAD HAZARDS BY A LEAD INSPECTOR, INCLUDING PROVISION OF EDUCATIONAL MATERIALS AND RECOMMENDED METHODS OF ELIMINATING CHILD ACCESS TO LEAD HAZARDS.

(Ord. of 6 – 3‑74, § A‑1, App. A; Code of 1985, § 16 – 49; Ord. of 8 – 6‑90, § 1 — 3; Ord. of 5 – 20-98, §§ 1, 2; Ord. No. 1404, 1 – 3‑06; Ord. No. 1434, 1 – 2‑07)

Sec. 16 – 62. — Prohibited use of lead-BASED paint.
Lead-based paint, as defined in this article, shall not be used on any exterior surface or any wall, ceiling, floor, interior woodwork, nor on or around the interior or exterior surface of any door, window, fixture, stairs, railing or porch on any dwelling, or dwelling unit, or any building intended or used, in whole or part, for human habitation or occupancy.

(Ord. of 6 – 3‑74, § A‑2; Code of 1985, § 16 – 50; Ord. No. 1404, 1 – 3‑06)

Sec. 16 – 63. — Maintenance.
Interior and exterior surfaces of walls, ceilings, floors, interior woodwork, doors, windows, fixtures, stairs, railings and porches of all structures shall be kept free of DEFECTIVE SURFACES cracked, chipped, blistered, flaking, loose and peeling paint.

(Ord. of 6 – 3‑74, § A‑3; Code of 1985, § 16 – 51; Ord. No. 1404, 1 – 3‑06)

Sec. 16 – 64. — Hazardous conditions; declaration of emergency. PREVENTIVE MEASURES. NOTICE, INSPECTION, COST, AND REPORTING.

(a) THE DIRECTOR OF PUBLIC HEALTH SHALL PROVIDE, OR CAUSE TO BE PROVIDED, TO THE PARENT OR GUARDIAN OF A CHILD WHO IS KNOWN TO HAVE AN ACTIONABLE BLOOD LEAD LEVEL WITH INFORMATION DESCRIBING THE DANGERS OF LEAD POISONING, PRECAUTIONS TO REDUCE THE RISK OF LEAD POISONING, INFORMATION ABOUT POTENTIAL ELIGIBILITY FOR SERVICES FOR CHILDREN, INFORMATION ON RECOMMENDED FOLLOW UP BLOOD LEAD TESTING, AND LAWS AND REGULATIONS CONCERNING LEAD ABATEMENT.

(b) THE DIRECTOR OF PUBLIC HEALTH SHALL PROVIDE, OR CAUSE TO BE PROVIDED, TO THE OWNER OR OPERATOR OF THE DWELLING OF A CHILD WHO IS KNOWN TO HAVE AN ACTIONABLE BLOOD LEAD LEVEL WITH INFORMATION DESCRIBING THE DANGERS OF LEAD POISONING, PRECAUTIONS TO REDUCE THE RISK OF LEAD POISONING, AND LAWS AND REGULATIONS CONCERNING DEFECTIVE SURFACES AND LEAD ABATEMENT. 

(c) THE DEPARTMENT SHALL PROVIDE THE GENERAL PUBLIC WITH INFORMATION ABOUT THE SOURCES OF LEAD EXPOSURE FOR CHILDREN AND METHODS OF REDUCING OR ELIMINATING EXPOSURE TO LEAD HAZARDS.

(d) UPON RECEIPT OF EACH REPORT OF A CHILD WITH AN ACTIONABLE BLOOD LEAD LEVEL, THE DIRECTOR OF PUBLIC HEALTH IS AUTHORIZED TO INSPECT ANY PREMISES FREQUENTED BY SUCH CHILD TO DETERMINE WHETHER LEAD HAZARDS EXIST. SUCH INSPECTION MAY INCLUDE, WITHOUT LIMITATION, AN EPIDEMIOLOGICAL INVESTIGATION OF SOURCES OF LEAD CAUSING THE INCREASED BLOOD LEAD LEVEL. IF LEAD SOURCES ARE IDENTIFIED, THE DIRECTOR OF PUBLIC HEALTH SHALL ORDER SUCH ACTION TO BE TAKEN BY THE APPROPRIATE PERSON OR PERSONS RESPONSIBLE FOR THE CONDITION THAT BROUGHT ABOUT THE ACTIONABLE BLOOD LEAD LEVEL AS MAY BE NECESSARY TO PREVENT FURTHER EXPOSURE OF THE CHILD TO LEAD SOURCES. IN THE CASE OF A RESIDENTIAL UNIT CONTAINING LEAD-BASED PAINT ON DEFECTIVE SURFACES WHERE THE DIRECTOR OF PUBLIC HEALTH DETERMINES THAT SUCH ACTION WILL NOT RESULT IN REMOVAL OF THE LEAD-BASED PAINT ON DEFECTIVE SURFACES WITHIN A REASONABLE TIME, THE DIRECTOR OF PUBLIC HEALTH MAY REQUIRE RELOCATION OF ANY FAMILY OCCUPYING SUCH UNIT AT THE EXPENSE OF THE OWNER OF THE PROPERTY.

(e) THE OWNER OF THE PREMISES WHERE AN EPIDEMIOLOGICAL INVESTIGATION IS CONDUCTED UNDER THIS ARTICLE, SHALL PAY THE CITY A FEE FOR THIS SERVICE. THE DIRECTOR OF PUBLIC HEALTH SHALL ESTABLISH A FEE STRUCTURE TO COVER THE COST OF PROVIDING EPIDEMIOLOGICAL INVESTIGATIONS. SUCH COST SHALL NOT EXCEED THE ACTUAL COST TO THE CITY. FEES FOR EPIDEMIOLOGICAL INVESTIGATIONS MAY BE WAIVED BY THE DIRECTOR OF PUBLIC HEALTH IN THE EVENT LEAD HAZARDS ARE NOT IDENTIFIED. THE OWNER OF A FEDERALLY SUBSIDIZED DWELLING SHALL BE EXEMPT FROM THE FEE FOR AN EPIDEMIOLOGICAL INVESTIGATION. THE CITY SHALL NOT BE RESPONSIBLE FOR THE COSTS OF EPIDEMIOLOGICAL INVESTIGATION OF FEDERALLY SUBSIDIZED DWELLINGS. COSTS FOR THE EPIDEMIOLOCIAL INVESTIGATION OF FEDERALLY SUBSIDIZED DWELLINGS SHALL BE PAID IN ACCORDANCE WITH FEDERAL LAW. 

(f) THE DIRECTOR OF PUBLIC HEALTH SHALL PROVIDE SUCH REPORTS AS ARE REQUIRED BY STATE STATUTE. THE DEPARTMENT SHALL PROVIDE THE STATUS OF LEAD POISONING PREVENTION ACTIVITIES NO LESS THAN ANNUALLY.

Where the director of public health (hereinafter the ​“director”) finds any of the following he shall issue an order to the owner of the premises or the occupant of any dwelling unit therein who possesses hazardous personal property to eliminate the hazard in accordance with methods prescribed in section 56 – 65:

(1) That the presence of lead paint upon or in any premises creates a health hazard to children.
(2) The presence of lead-based paint in the dwelling unit of a child with lead poisoning, as defined in section 16 – 61 in the dwelling unit of a child whose blood lead is twenty five (25) micrograms or more per one (1) deciliter of whole blood, or any other dwelling unit in the same building (including all staircases, hallways and porches);
(3) That the presence of cracked, chipped, blistered, flaking, loose or peeling paint constitutes a health hazard. 

(Ord. of 6 – 3‑74, § A‑4; Code of 1985, § 16 – 52; Ord. of 8 – 6‑90, § 4; Ord. No. 1404, 1 – 3‑06; Ord. No. 1434, 1 – 2‑07)

Sec. 16 – 65. — Removal of lead-BASED paint. MANAGEMENT PLAN.

(a) Where the DIRECTOR OF PUBLIC HEALTH MAKES A DETERMINATION determines that the presence of lead-BASED paint OR LEAD-CONTAMINATED SOIL upon any interior or exterior premises creates a health hazard to children A CHILD, he/SHE shall issue an order to the owner to eliminate the hazard. LEAD-BASED Lead paint shall be ADEQUATELY ABATED completely removed. from any CHEWABLE Surface which can be accessible to children. Cracked, chipped, blistered or peeling paint PAINT ON DEFECTIVE SURFACES shall be completely removed. The lead-BASED paint ordered to be removed to the base surface shall be removed under such safety conditions as may be approved by the department or otherwise repaired as the department requires. In lieu of removal of lead-BASED paint, the accessible surface shall be covered with an approved durable material. Repainting a surface with a nonleaded paint without the complete removal of the existing lead-BASED paint shall not be deemed to be satisfactory compliance with this section.

(b) The methods used for the ADEQUATE ABATEMENT removal of lead-BASED paint shall not present a health hazard from fumes, dust or vapors by inhalation or absorption through the skin and mucous membranes, and shall be in accordance with federal, state and local rules and regulations, and safety standards and practices. The DIRECTOR OF PUBLIC HEALTH has the authority to prescribe and determine such methods. Additional alternate safety methods authorized by state law shall be enforced. Tenants are to be informed of the increased danger to A CHILD children that may occur during the removal of lead-BASED paint, and are to be advised to exclude the CHILD children from the site for the duration of the work, and until dust and debris have been cleaned completely from all surfaces.

(c) The owner of premises found to be in violation of ORDERED TO REMOVE LEAD-BASED PAINT IN ACCORDANCE WITH section 16 – 64(c) shall submit a written lead abatement plan to the city health DIRECTOR OF PUBLIC HEALTH within five (5) working days of notification of inspection results ACCORDING TO THE TIME PERIOD FOR COMPLIANCE LISTED IN SECTION 19A-111 – 5 OF REGULATIONS OF CONNECTICUT STATE AGENCIES, AS AMENDED FROM TIME TO TIME.

(d) INTACT SURFACES CONTAINING LEAD-BASED PAINT EXCEPT AS NOTED IN SECTION 16 – 64(c) ARE NOT REQUIRED TO BE ABATED, HOWEVER, WHEN A CHILD RESIDES IN A DWELLING THE OWNER SHALL SUBMIT A WRITTEN LEAD MANAGEMENT PLAN TO THE DIRECTOR OF PUBLIC HEALTH IN COMPLIANCE SECTION 10A-111 – 2(E) OF REGULATIONS OF CONNECTICUT STATE AGENCIES, AS AMENDED FROM TIME TO TIME. 

(Ord. of 6 – 3‑74, § A‑5; Code of 1985, § 16 – 53; Ord. of 8 – 6‑90, § 5; Ord. No. 1404, 1 – 3‑06; Ord. No. 1434, 1 – 2‑07)

Sec. 16 – 66. — Notice of violation and duties of the DIRECTOR OF PUBLIC HEALTH of health.

(a) Notices of this article’s violations shall:
(1) Be sent by certified mail as soon as practicable after detection of the violation;
(2) Include a statement of the detected violations;
(3) Require that repairs begin within seven (7) days from receipt of notice COMMENCE AS SET FORTH IN THE ABATEMENT PLAN, or at such time as the director of public health shall deem necessary, and shall be completed within a reasonable time as determined by the DIRECTOR OF PUBLIC HEALTH;
(4) Be served upon the owner, his/her agent, OPERATOR, or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner, OPERATOR, agent, or occupant if a copy of the notice is served upon him/her personally, or if a copy of it is sent by registered or certified mail to his/her last known address; or if he/she is served with such notice by any other method authorized or required under this state’s laws;
(5) Contain an outline of remedial action, which if taken, will HAVE AN effect UPON compliance with this article’s provisions, and with rules and regulations adopted pursuant thereto; and
(6) Be filed with the city clerk in the city’s land records within five (5) days of the issuance of such notice. Upon compliance with the remedial action prescribed in said notice, the DIRECTOR OF PUBLIC HEALTH shall file a notice with the city clerk stating that the required remedial action has been taken, and that the premises are no longer in violation of this article. Such compliance shall be recorded in the city’s land records.

(b) The residents of a premises shall be notified that a lead-BASED PAINT poisoning hazard as defined above has been detected within the premises, and SHALL BE informed that all children within EACH CHILD RESIDENT AT the premises should be tested for lead poisoning HAVE THEIR BLOOD TESTED FOR LEAD LEVELS.

(c) No dwelling unit, which is in violation of this article, shall be rented to a new tenant until the DIRECTOR OF PUBLIC HEALTH finds that acceptable repairs have been made in compliance with this article.

(d) All city-owned and leased dwelling units shall be inspected for the presence of lead-based paint, as defined in this article, in any interior or exterior area. All federally and state-owned and leased dwelling units shall be subject to this article. Any violations shall be eliminated in accordance with it.

(e) When any premises has not been repaired in accordance with this article, the DIRECTOR OF PUBLIC HEALTH is authorized to enter upon the premises to make repairs, or order THE PERSON OR PERSONS RESPONSIBLE FOR THE CONDITION them to be made to eradicate TO REMOVE lead-BASED paint poisoning hazards IN ACCORDANCE WITH THIS ARTICLE. The owner shall be financially liable for all costs in connection with such repairs, INCLUDING ANY COSTS OF RELOCATION, and such costs shall be a lien upon the property. The DIRECTOR OF PUBLIC HEALTH is authorized to apply for federal and other funds to reimburse the city for costs in cases where such reimbursement is authorized by law.

(f) The DIRECTOR OF PUBLIC HEALTH shall have the authority to apply for, accept, receive and administer funds, grants or gifts from public or private agencies, including the federal government, to carry out any of the functions found in this article. Upon receiving the funds, the DIRECTOR OF PUBLIC HEALTH shall deposit them with the city’s controller. The funds are to be held in a special account established for the department’s lead-BASED paint control activities.

(g) Where lead-BASED paint hazards are found in owner-occupied premises, and the owner(s) presents satisfactory evidence of his/her inability to pay for the cost of repairs required under this article, the DIRECTOR OF PUBLIC HEALTH is authorized to enter upon the premises, and to make or cause such necessary repairs to be made. The City of New Haven shall attempt to recoup all costs from such property owner(s).

(Ord. of 6 – 3‑74, § A‑6; Code of 1985, § 16 – 54; Ord. of 8 – 6‑90, § 7; Ord. No. 1404, 1 – 3‑06)

Sec. 16 – 67. LEAD POISONING Advisory board COMMITTEE.
The mayor shall appoint a lead poisoning advisory committee with the board of aldermen’s approval. The committee shall advance the development and adoption of policies, programs and procedures that will result in this article’s effective enforcement. The committee shall serve as a vehicle to promote and coordinate lead poisoning prevention and abatement efforts involving health care providers, the health department, the housing department, the building division of the Livable City Initiative and the judicial system. The committee shall consist of NOT FEWER THAN ten (10) members including health care providers, health department officials, representatives of the city’s Livable City Initiative and its building division, AN OWNER OR OPERATOR, AND A REPRESENTATIVE OF THE CORPORATION COUNSEL representatives of legal services and human resources. The advisory committee MAYOR shall APPOINT elect a chairperson who will preside at its meetings.

(Ord. of 6 – 3‑74, § A‑7; Code of 1985, § 16 – 55; Ord. of 8 – 6‑90, § 8; Ord. No. 1404, 1 – 3‑06)

Sec. 16 – 68. – ENFORCEMENT AND Penalty.

Any person convicted of violating this article shall be punished by a fine up to the maximum amount authorized by state statutes or this Code. Each day’s failure to comply with this article shall constitute a separate violation.
THE DIRECTOR OF PUBLIC HEALTH IS AUTHORIZED TO SEEK A WARRANT REQUIRING ANY NON-COMPLIANT OWNER, OPERATOR OR OCCUPANT REFUSING ACCESS TO THE DWELLING OF A CHILD WITH AN ACTIONABLE BLOOD LEAD LEVEL.

(Ord. of 6 – 3‑74, § A‑8; Code of 1985, § 16 – 56; Ord. No. 1404, 1 – 3‑06)

Sec. 16 – 69. — Appeal.

(a) Pursuant to Conn. General Statutes section 19a-229 as amended from time to time, any person aggrieved by an order issued by the city’s health DIRECTOR OF PUBLIC HEALTH may appeal to the Commissioner of Public Health not later than three (3) business days after the date of such person’s receipt of such order. The commissioner shall thereupon immediately notify the health DIRECTOR OF PUBLIC HEALTH, and examine into REVIEW the merits of such case. The commissioner may vacate, modify or affirm such challenged order.

(b) Notwithstanding the requirements of subsection (a) above, any person aggrieved by an order regarding lead-BASED paint abatement under Conn. General Statutes section 19a-111c as amended from time to time, may appeal to the Commissioner not later than three (3) business days after the receipt of such order.

(Ord. No. 1404, 1 – 3‑06)

SEC. 16 – 70. – IMPLEMENTATION.

THE DIRECTOR OF PUBLIC HEALTH IS AUTHORIZED TO PROMULGATE SUCH POLICIES AND PROCEDURES AS ARE NECESSARY TO IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE III. THE DIRECTOR OF PUBLIC HEALTH IS AUTHORIZED TO ESTABLISH, IN COORDINATION WITH APPROPRIATE CITY DEPARTMENTS, A POLICY FOR EMERGENCY RELOCATION.

THE DIRECTOR OF PUBLIC HEALTH IS AUTHORIZED TO ESTABLISH, IN COORDINATION WITH APPROPRIATE CITY DEPARTMENTS, A REVOLVING LOAN PROGRAM FOR THE PURPOSE OF ABATING LEAD PAINT FROM PREMISES OF LOW- AND MODERATE-INCOME OWNERS.

THE DIRECTOR OF PUBLIC HEALTH IS AUTHORIZED TO APPLY FOR LEAD ABATEMENT ASSISTANCE GRANTS.

Secs. 16 – 70 — 16 – 90. — Reserved.

Previous lead coverage:

• Lead Cleanup Pricetag: $91M?
• Lead Panel’s Advice Rejected
• Lead Paint Chief Retires
• Lead Paint Fight Rejoined
• Harp Switches Gears On Lead
• Motion Accuses City Of Contempt
• City Loses Again On Lead
• Briefs Debate ​“Lead Poisoning”
• New Haven: Another Flint?
• Harp Administration Admits Relaxing Lead Standard To Save $$
• Class-Action Suit Slams City On Lead
• City, Legal Aid Clash On Lead Paint
• Legal Aid To City: Get Moving On Lead Paint Law
• 100+ Tenants Caught In Lead Limbo
• 2 Agencies, 2 Tacks On Lead Paint
• Chapel Apartments Get 3rd Lead Order
• Lead Sends Family Packing
• Health Officials Grilled On Lead Plans
• Judge Threatens To Find City In Contempt
• Same Mandy House Cited Twice For Lead Paint
• Lead $ Search Advances
• 3 Landlords Hit With New Lead Orders
• Another Judge Rips City On Lead
• Judge To City: Get Moving On Lead
• Health Department Seeks Another $4.1M For Lead Abatement
• City-OK’d Lead Fixes Fail Independent Inspection
• Judge: City Dragged Feet On Lead
• 2nd Kid Poisoned After City Ordered Repairs
• Judge: City Must Pay
• City Sued Over Handling Of Lead Poisonings
• City’s Lead Inspection Goes On Trial
• Eviction Withdrawn On Technicality
• 2nd Child Poisoned; Where’s The City?
• Carpenter With Poisoned Kid Tries A Fix
• High Lead Levels Stall Eviction
• 460 Kids Poisoned By Lead In 2 Years
• Bid-Rigging Claimed In Lead Cleanup
• Judge Orders Total Lead Paint Clean-Up
• Legal Aid Takes City To Task On Lead