//Section 6 — Inspections, Notices of Violation and Orders for Abatement

Section 6 — Inspections, Notices of Violation and Orders for Abatement

6.1 Issuance of a Notice of Violation and Order for Abatement

For the purposes of Section 6.1 to 6.6 inclusive, the Notice and Order for Abatement shall refer to the Notice of Violation and Order for Abatement issued by the Health Authority pursuant to this section.

6.1.1 When the Health Authority completes a lead hazard screening or lead risk assessment of the property in question, the Health Authority shall determine if there exists any Residential Lead Hazards (RLH).

6.1.2 If a RLH exists, then the Health Authority shall declare the condition a substantial lead-related hazard requiring remediation or abatement as specified in Section 2 of these regulations.

6.1.3 The responsible person shall be notified of any existing RLH by means of a written Notice of Violation and Order for Abatement issued by the Health Authority.

6.1.4 The Notice and Order for Abatement must:

6.1.4.1 Provide that the owner shall remediate or abate the RLH; and

6.1.4.2 Specify the period within which the remediation or abatement must be completed.

6.1.4.3 Be sent by postal mail to the last known address of the property owner and any other identifiable responsible person, such as a real estate agent or financial institution.

6.2 Content of the Notice of Violation and Order for Abatement The Notice of Violation and Order for Abatement shall:

6.2.1 Identify the owner of the property and any responsible party, if known;

6.2.2 Clearly identify the property upon which the lead hazard exists with the most current and thorough information available, such as by physical address, plot number with the county recorder’s office, or other specific means;

6.2.3 Include a description of the RLH present requiring remediation or abatement in sufficient detail to allow an owner or responsible party to identify and correct the RLH;

6.2.4 Include a statement regarding which Sections of these Regulations have been violated for each lead-related hazard condition identified;

6.2.5 Require remediation or abatement to be performed by a certified firm within the specific time period noted on the Notice and Order for Abatement;

6.2.6 Require clearance testing be completed as required by these Regulations before a specific date.

6.2.7 Provide a name, business address, and telephone number of the Health Authority staff member to contact regarding the RLH; and

6.2.8 Inform the owner or responsible party of the right to appeal, as provided in these Regulations.

6.3 Delivery of the Notice and Order for Abatement A Notice and Order for Abatement may be served in any of the following ways:

6.3.1 By personal service of the Notice and Order for Abatement directly to the owner or responsible person; or

6.3.2 By mailing the Notice and Order for Abatement to the owner or responsible person at the last known address; and

6.3.3 In addition to the above-required means of delivery of the Notice and Order for Abatement, the Notice and Order for Abatement may also be made available to the owner or responsible person by posting the Notice and Order for Abatement in a conspicuous place on the property, such as on a fence or door.

6.4 Implementation of the Notice and Order for Abatement

Any condition which presents a lead-related hazard as documented by the Health Authority during an investigation shall be corrected by the property owner or responsible person in the time set forth by the Health Authority in the Notice and Order for Abatement.

6.5 Correction of violations

6.5.1 When a compliance date has been indicated on the Notice and Order for Abatement issued by the HEALTH AUTHORITY, the owner or responsible person of the real property shall correct the conditions by the date indicated.

6.5.2 When corrective actions cannot be completed by the indicated date, the owner or responsible person shall contact the Health Authority prior to the compliance date to file a Request for Extension in writing to the Health Authority.

6.5.2.1 The Request must include a statement of intent and work plan demonstrating the need for additional time to correct the RLH, a proposed work schedule, and the methods by which the owner will accomplish the scope of work.

6.5.2.2 The Heath Authority will review the statement and work plan and either accept or deny the Request for Extension.

6.5.2.3 The Health Authority shall notify the owner or responsible person as to whether their statement and work plan were accepted or denied.

6.5.2.4 If the work plan is denied, the Health Authority shall provide the reasons for the denial.

6.5.2.5 All items of violation shall be corrected within the timeframe indicated on the original Notice and Order for Abatement or as indicated on an accepted Request for Extension.

6.6 Issuance of Notice of Violation and Order to Comply

6.6.1 When the Health Authority finds that a person or firm is in violation with Section 3 through Section 5 inclusive of these regulations, the Health Authority shall issue a Notice of Violation and Order to Comply.

6.6.2 The Notice of Violation and Order to Comply must:

6.6.2.1 Identify the specific section of these regulations that are in violation; and

6.6.2.2 Specify the period within which the violation will be corrected.

6.6.2.3 Be sent by postal mail to the last known address of the property owner, person or firm and any other identifiable responsible person.

6.7 Content of the Notice of Violation and Order to Comply

For the purposes of Section 6.7 to 6.10 inclusive, the Notice and Order to Comply shall refer to the Notice of Violation and Order to Comply issued by the Health Authority pursuant to this section.

The Notice and Order to Comply shall:

6.7.1 Identify the owner of the property, firm or any responsible party who was found in violation of Section 3 to Section 5 inclusive of these regulations;

6.7.2 Include a statement regarding which Sections of these Regulations have been violated;

6.7.3 Require correction of the violation(s)

6.7.4 Provide a name, business address, and telephone number of the Health Authority to contact regarding the violations; and

6.7.5 Inform the owner or responsible party of the right to appeal, as provided in these Regulations.

6.8 Delivery of the Notice and Order to Comply

The Notice and Order to Comply may be served in any of the following ways:

6.8.1 By personal service of the Notice and Order to Comply directly to the owner or responsible person; or

6.8.2 By mailing the Notice and Order to Comply to the owner or responsible person at the last known address; and

6.8.3 In addition to the above-required means of delivery of the Notice and Order to Comply, it may also be made available to the owner or responsible person by posting the Notice and Order to Comply in a conspicuous place on the property, such as on a fence or door.

6.9 Implementation of the Notice and Order to Comply

Any condition which presents a lead-related hazard as documented by the Health Authority during an investigation shall be corrected by the property owner or responsible person in the time set forth by the Health Authority in the Notice of Violation and Order to Comply.

6.10 Correction of violations

6.10.1 When a compliance date has been indicated on the Notice and Order to Comply issued by the Health Authority, the responsible person or the owner of the firm shall correct the conditions by the date indicated.

6.10.2 When corrective actions cannot be completed by the indicated date, the owner of the firm or responsible person shall contact the Health Authority prior to the compliance date to file a Request for Extension in writing to the Health Authority.

6.10.2.1 The Request must include a statement of intent and work plan demonstrating the need for additional time to correct the violation, a proposed work schedule, and the methods by which the owner will accomplish the scope of work.

6.10.2.2 The Heath Authority will review the statement and work plan and either accept or deny the Request for Extension.

6.10.2.3 The Health Authority shall notify the owner of the firm or responsible person as to whether their statement and work plan were accepted or denied.

6.10.2.4 If the work plan is denied, the Health Authority shall provide the reasons for the denial.

6.10.2.5 All items of violation shall be corrected within the timeframe indicated on the original Notice and Order to Comply or as indicated on an accepted Request for Extension.

6.11 Review of building permit applications for residential units constructed prior to December 31, 1977

6.11.1 The building department or other agency responsible for issuing building permits shall require all individuals seeking building permits to remodel a residential building or child occupied facility as defined by these regulations built prior to December 31, 1977 to obtain clearance from the Health Authority that the proposed scope of work either is exempt or will comply with these regulations.

6.11.2 The building permit applicant shall submit building plans and complete an application and submit appropriate fees for clearance to the Health Authority.

6.11.3 The Health Authority shall:

6.11.3.1 Accept the application and fees

6.11.3.2 Review the plans and application

6.11.3.3 Based on the material submitted, determine if the scope of work

6.11.3.3.1 Requires compliance with these regulations or

6.11.3.3.2 Is exempt from these regulations and issue a certificate of exemption.

6.11.4 If the scope of work requires compliance with these regulations then the applicant shall submit to the Health Authority a statement and work plan, including name(s) of the certified firm(s) who will complete the scope of work in compliance with these regulations.

6.11.5 Once adequate information is received indicating the that scope of work will be completed in compliance with these regulations, the Health Authority shall issue a certificate of compliance.

6.11.6 When the work is completed, the certified firm(s) who completed the work shall provide to the Health Authority any documentation they have regarding clearance testing and cleaning verification. If any deviations from the submitted work plan occurred which placed residents or workers at risk from exposures to lead above legal limits, then those should be noted on the final clearance documentation.

Contact Information

Phone: (702) 759-1258

 

Updated on: October 11, 2018

2018-10-11T15:32:31-07:00