MUNICIPALITY OF NORRISTOWN
A HOME RULE MUNICIPALITY
MONTGOMERY COUNTY, PENNSYLVANIA
ORDINANCE NO. 21-14 of 2021
AN ORDINANCE OF THE MUNICIPALITY OF NORRISTOWN. MONTGOMERY COUNTY, PENNSYLVANIA, AMENDING THE NORRISTOWN MUNICIPAL ORDINANCES TO ADD A NEW CHAPTER 200 TITLED "LEAD POISONING PREVENTION AND LEAD HAZARD CONTROL" UNDER PART II GENERAL LEGISLATION OF THE NORRISTOWN MUNICIPAL CODE; PROVIDING A SEVERABILITY CLAUSE: REPEALING ALL INCONSISTANT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Municipality of Norristown (“Municipality") is a Home Rule Municipality organized operating in accordance with the Charter of the Municipality of Norristown ("Charter") as permitted by the Home Rule Charter and Optional Plans Law, 53 Pa. C.S. 2901 et seq.:
WHEREAS, Section 41.2-201 of the Charter (346 Pa. Code § 41.2-201) grants to the Municipality the ability to "exercise all powers and perform any functions not denied by the Constitution of Pennsylvania, the General Assembly of Pennsylvania or this Charter as fully and completely as though they were specifically enumerated in this Charter;" and
WHEREAS, in or about 2019 the Montgomery County Lead Task Force (LTF) was established that included Montgomery County health services offices as well as community partners such as Public Citizens for Children and Youth (PCCY): and
WHEREAS, the PCCY issued a summary fact sheet to the Municipality listing some of the results of the review and information gathered by the LTF at it pertains to the Municipality and its; and
WHEREAS, according to the PCCY fact sheet, one out of every three children located in Montgomery County who tested for blood lead levels above 5 micrograms per deciliter (which is the level determined by the CDC to higher than most other children's levels) is located in the Municipality; and
WHEREAS, also according to the PCCY fact sheet, the Municipality has four times as many children who tested for blood lead levels above 5 micrograms per deciliter when compared to Flint, Michigan in 2014 (11.8% vs 3.2%) and the Municipality also has a higher percentage than Pittsburgh (8.32%), Philadelphia (10.19%) and Lancaster (11.03%); and
WHEREAS, there is no safe level of lead exposure and lead poisoning is associated with developmental and growth delays, damaged hearing and speech, behavioral and learning disabilities and difficulties paying attention - making it difficult for children to perform well in school and often causing them to require special education services, and PCCY estimates that for every $1 spent on lead remediation to protect a child from lead poisoning there is a $3 return in avoided health care, special education costs and loss of lifetime earnings; and
WHEREAS, according to the Centers for Disease Control and Prevention, children less than six years old are at a higher risk of lead exposure because their bodies are still developing, and they are growing so rapidly and women who are pregnant are also at a greater risk for lead exposure because lead can pass from a mother to her unborn baby; and
WHEREAS, in April 2008, the Environmental Protection Agency (EPA) issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning, and in accordance with that rule and beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and certain other structures built before 1978 must be certified and must follow specific work practices to prevent lead contamination: and
WHEREAS, other Pennsylvania municipalities, such as Philadelphia, the City of Lancaster, Columbia Borough and Millvale Borough, and other communities nationwide, such as Baltimore, have adopted local ordinances requiring lead safe certifications; and
WHEREAS, the Municipality currently maintains a licensing and inspection process for rental properties within the Municipality through Chapter 245 of the Municipality's Code and such other code provisions as may be applicable; and
WHEREAS, the Municipality currently maintains a real estate transfer inspection process for the transfer of all real property within the Municipality through Chapter 128 and Chapter 241 of the Municipality's Code and such other code provisions as may be applicable: and
WHEREAS, operators of Day-Care Centers and Child Day-Care Facilities as defined under Chapter 320, titled "Zoning" are required to obtain a Certificate of Use and Occupancy and may be subject to certain other inspections and licensing requirements as set forth by the Municipality or the Commonwealth; and
WHEREAS, the Municipality maintains a vacant property registry and further requires various inspections and reports prior to any Notices of Condemnation being removed for properties determined to be condemned for reasons as permitted by law including unfit for human habitation; and
WHEREAS. Municipal Council desires and declares that it is in the best interest of the Municipality to adopt this Ordinance pursuant to its powers as a Home Rule Municipality and to set forth a lead-safe and lead-free certification process for testing and abatement for rental properties, Day-Care Centers and Child Day-Care Facilities, condemned properties, and properties subject to the real estate transfer process with structures built prior to 1978.
NOW, THEREFORE, be it ORDAINED and ENACTED by the Municipal Council of the Municipality of Norristown an ordinance as follows:
SECTION I:
ADOPTION OF A NEW CHAPTER 200 titled "Lead Poisoning Prevention and Lead Hazard Control"
Municipal Council hereby adopts and establishes a new Chapter 200 titled "Lead Poisoning Prevention and Lead Hazard Control" under Part II, General Legislation of the Norristown Municipal Code that shall state as follows:
Chapter 200. Lead Poisoning Prevention and Lead Hazard Control
§ 200-1. Purpose.
The purpose of this Chapter is to protect and promote the public health, safety and welfare through the identification and elimination of lead source hazards in the built environment.
§ 200-2. Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
CERTIFIED LEAD-BASED-PAINT RISK ASSESSOR
An individual who maintains a current certification from the Environmental Protection Agency (EPA) and licensed by the Commonwealth of Pennsylvania to perform on-site investigations to identify the existence, nature, severity and location of lead-based-paint hazards and document the findings in order to recommend corrective measures.
CERTIFIED LEAD-ABATEMENT CONTRACTOR
An individual who maintains a current certification by the Environmental Protection Agency (EPA) and licensed by the Commomwealth of Pennsylvania to perform lead-based paint abatement activities for the purpose of permanently eliminating lead paint hazards that includes both abatement supervisors and abatement workers. Additionally, such individual must own (i.e. sole proprietorship) or work for a Licensed Lead Abatement Company.
CERTIFIED LEAD DUST SAMPLING TECHNICIAN
An individual who is certified by the Environmental Protection Agency (EPA) or by the Commonwealth to perform non-abatement lead dust clearance testing under EPA's Renovation, Repair, and Painting (RRP) Rule and clearance examinations under HUDs Lead Safe Housing Rule. Additionally, such individual must own (i.e. sole proprietorship) or work for a Licensed Lead RRP Company.
CERTIFIED LEAD-SAFE CONTRACTOR
An individual who successfully completes an Environmental Protection Agency (EPA) approved course for renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities and private pre-schools built before 1978 in compliance with the "Renovator Under the Renovate, Repair and Painting Rule." also known as the "RRP Rule" and which course results in the issuance of a certification that is current and active. Additionally, such individual must own (i.e. sole proprietorship) or work for a Licensed Lead RRP Company.
CHILD DAY-CARE FACILITY (also known as a CHILD-CARE FACILITY)
Any dwelling, building or portion thereof that meets the definition of "Child Day-Care Facility" as defined under Chapter 320, titled "Zoning" of the Norristown Municipal Code. This definition shall also include any dwelling unit where child day-care services are provided for less than 24 hours for four to 12 children for a fee and is licensed or is subject to a license requirement by the State Department of Public Welfare.
CONDEMNED PROPERTY
Any structure that is found to be unsafe or dangerous to the life, health or safety of the public or the occupants thereof and deemed to be unfit for habitation and condemned by an authorized employee of the Municipality under applicable federal, Commonwealth, or local law and regulations. Condemned property shall not include a property which has been closed for human occupancy due to utility shutoffs for a period of less than six months or where appliances need to be replaced with no renovations required to any interior surface.
DAY-CARE CENTER (also known as CHILD-CARE CENTER)
Any dwelling, building or portion thereof that meets the definition of "Child Day-Care Facility" as defined under Chapter 320, titled "Zoning" of the Norristown Municipal Code. This definition shall also include any building or area within a building where child care is provided, for a fee, for seven or more children in a space where child care is provided and is not part of a dwelling and is licensed or is subject to a license by the Commonwealth of Pennsylvania
DWELLING
A two-family, multifamily, single-family attached, single-family detached or single-family semi-detached dwelling as such terms are defined under Chapter 320, titled "Zoning" of the Norristown Municipal Code or any building or portion of a building designed for use as a residence.
LEAD (PAINT) FREE
A building or dwelling unit identified through testing by a Certified Lead-Based-Paint Risk Assessor that, following the completion of approved lead-based paint abatement activities, said building or dwelling unit is lead paint free and that all lead paint has been abated in accordance with applicable EPA regulations.
LEAD (PAINT) FREE REPORT
A report issued by a Certified Lead-Based-Paint Risk Assessor indicating that the referenced building or dwelling unit identified through testing by a licensed Lead-Based-Paint Risk Assessor, is free from all lead paint and that all lead paint has been abated in accordance with applicable EPA regulations.
LEAD-FREE CERTIFICATION
A form submitted to Municipality from a licensed Lead-Based-Paint Risk Assessor certifying that appropriate testing has been performed in accordance with applicable standards for a dwelling or dwelling unit and that, as a result of compliant abatement activities, said dwelling or dwelling unit is free from all lead paint. The lead-free certification form will be provided by the Municipality for the licensed Lead-Based-Paint Risk Assessor to complete for certification.
LEAD (PAINT) SAFE
A building or dwelling unit identified through testing by a Certified Lead-Based-Paint Risk Assessor or by a Certified Lead Dust Sampling Technician as having lead paint surfaces that are intact and free from deterioration. As noted in the lead-safe certification by the Lead-Based-Paint Risk Assessor, ongoing lead-safe maintenance may be necessary to maintain the property in a lead-paint safe condition.
LEAD (PAINT) SAFE REPORT
A report issued by a Certified Lead-Based-Paint Risk Assessor or by a Certified Lead Dust Sampling Technician indicating that the referenced building or dwelling unit identified through testing by a licensed Lead-Based-Paint Risk Assessor, has lead paint surfaces that are intact and free from deterioration in accordance with applicable EPA regulations.
LEAD-SAFE CERTIFICATION
A form submitted to Municipality from a licensed Lead-Based-Paint Risk Assessor or by a Certified Lead Dust Sampling Technician certifying that a visual inspection and dust-wipe samples have been taken from a dwelling or dwelling unit and stating that it does not have visible deteriorated paint and that interior dust-wipe samples were collected in compliance with EPA regulations, were tested, and were found to not contain lead-contaminated dust in excess of EPA dust level standards. The lead-safe certification form will be provided by the Municipality for the licensed Lead-Based-Paint Risk Assessor or Certified Lead Dust Sampling Technician to complete for certification.
LICENSED LEAD ABATEMENT COMPANY
A person, firm, company or institution that has been certified by the Environmental Protection Agency and licensed by the Commonwealth of Pennsylvania to perform lead-based paint abatement activities to eliminate permanently lead-based paint hazards.
LICENSED LEAD RRP COMPANY
A person, firm, company or institution that has been certified by the Environmental Protection Agency and licensed by the Commonwealth of Pennsylvania to perform renovations, repairs or painting activities lo reduce lead-based paint hazards.
STRUCTURES
As used herein, the structures subject to this Chapter are all Dwellings constructed prior to 1978, Day-Care Centers, Child Day-Care Facilities, and Condemned Properties.
§ 200-3. Lead (paint) inspections required.
With respect to Structures that are the subject of this Chapter as defined above, owners of such structures shall be required to obtain a lead paint inspection from a Certified Lead-Based-Paint Risk Assessor or a Certified Lead Dust Sampling Technician and provide to the Municipal Codes Department either a Lead (paint) Safe Report or a Lead (paint) Free Report in the following situations:
A. for Structures that are subject to residential rental licensing and/or registration with the Municipality, said lead paint inspection shall be performed within six months of and the corresponding report shall be submitted with the initial application for licensing (or first renewal if already licensed at the time of adoption of this Chapter). Thereafter, a new lead paint inspection with corresponding report shall be required with the submission of a rental license and/or registration every three years (ex. Initial Submission in 2021, subsequent submission due 2024). The Municipality shall not issue a rental registration license or renewal thereof unless the Municipality has received a Lead (paint) Safe Report or Lead (paint) Free Report when required under this Chapter. Ia Lead (paint) Free Report is submitted to the Municipality by a Certified Lead- Based-Paint Risk Assessor containing a Lead (paint) Free Certification for a Structure, then no further lead paint based inspections or reports shall be required for said Structure unless the Lead (paint) Free Report is rescinded, invalidated, or otherwise determined to be void.
B. for Structures that are a Condemned Property, said lead paint inspection shall be performed within six months of and the corresponding report shall be submitted prior to authorizing and/or removing any condemnation placard.
C. for Structures that are Child Day-Care Facilities and Dav-Care Centers, said lead paint inspection shall be performed within six months of and the corresponding report shall be submitted prior to the issuance of the next required certificate of occupancy by the Municipality for such Structure. For Child Day-Care Facilities and Day-Care Centers, the Lead (paint) Safe Report or Lead (paint) Free Report shall state that the Structure and property is in compliance with applicable federal and state laws related to lead paint. This provision shall not place any duty on the owner or operator of such Child Day- Care Facility or Day-Care Center to meet lead paint levels greater than those imposed by state or federal law.
D. for all Structures that are subject to the transfer inspection process, said lead paint inspection shall be performed within six months of and the corresponding report shall be submitted as part of the real estate transfer inspection process. If a Lead (paint) Free Report is submitted to the Municipality by a Certified Lead-Based-Paint Risk Assessor containing a Lead (paint) Free Certification for a Structure, then no further lead paint based inspections or reports shall be required for said Structure unless the Lead (paint) Free Report is rescinded, invalidated, or otherwise determined to be void. If a report is issued by a Certified Lead-Based-Paint Risk Assessor or a Certified Lead Dust Sampling Technician finding that a Lead (paint) Safe Certification cannot be issued due to the need for Conduct renovations, repairs or painting to reduce lead-based paint hazards or abatement activities to eliminate lead-based paint hazards, such finding shall not constitute a substantial violation as defined in Chapter 128 of the Municipal Code (relating to change of use and occupancy) but shall be considered a violation for purposes of issuing a temporary certificate of occupancy and therefore providing the property owner the same time in which to take appropriate measures to obtain a Lead (paint) Safe Certification or Lead (paint) Free Certification and provide to the Municipality a Lead (paint) Safe Report or Lead (paint) Free Report.
E. In the event that a Structure falls within two or more of the above categories or descriptions, the lead paint inspection and report requirements for both shall apply. For example, a real estate sale/transfer of a rental property shall require a lead paint inspection and report as part of the real estate transfer process. If a Lead (paint) Safe Certification or Lead (paint) Free Certification cannot be provided by the individual performing the inspection during the transfer inspection process, then a temporary certificate of occupancy may be issued. This would allow the new owner to use the property for owner-occupied purposes as a Lead (paint) Safe Report or Lead (paint) Free Report would continue to be required to obtain a rental license and or registration in order to lease, let, or rent the property to a third party.
§ 200-4. Issuance of reports; remediation; responsibility of owner.
A. If remediation is required to receive a Lead (paint) Safe Report or Lead (paint) Free Report, it is the property owner's responsibility to engage a Licensed Lead Abatement Company and Certified Lead-Abatement Contractor or a Licensed Lead RRP Company and Certified Lead-Safe Contractor to remediate any substandard findings or perform all work required to obtain an appropriate report.
B. All lead paint safe inspections are the responsibility of the property owner, and all Lead (paint) Safe Reports, Lead (Paint) Free Reports, and their corresponding findings become the liability of the issuing Certified Lead-Based- Paint Risk Assessor or Certified Lead Dust Sampling Technician.
C. The Municipality assumes no responsibility or liability for any inaccurate or incomplete findings and has no obligation to independently inspect or verify the findings.
§200-5 Appeals
A. Any party aggrieved by a decision of the Municipality regarding lead-based paint shall have the right to file an appeal with the Municipality of Norristown Board of Code Appeals which shall be referred to in this Section as the "Board.
B. Filing of appeal. Any appeal filed shall be filed within 10 days of the date of the notice of violation or letter regarding a lead-based paint violation or notice. Any such appeal shall be in writing on the Appeal Form prepared by the Municipality and submitted to the Code Enforcement Manager for the Municipality of Norristown, with the appeal filing fee as set forth by the Municipality by resolution. Said filing fee shall be non-refundable regardless of whether or not the Board partially or fully upholds the Municipality's issuance of the appealed decision.
C. The procedures before the Board shall be the same as set forth under Chapter 9 of the Norristown Municipal Code. In addition to such procedures and to the extent that it is not already required, the property owner or the party filing the appeal shall have the burden of proof to demonstrate by clear and convincing evidence that the notice of violation or determination relating to a lead- based paint violation was invalid or incorrect.
D. Any party aggrieved by a decision of the Board may appeal to the Court of Common Pleas of Montgomery County as provided by law, within 30 days of receiving the Board's decision.
SECTION II: SEVERABILITY.
In the event that any section, sentence, clause, or word of this Ordinance shall be declared illegal, invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose the validity of the remaining portions of this Ordinance.
SECTION III: REPEALER.
All ordinances or resolutions or parts thereof inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specially repealed.
SECTION IV: EFFECTIVE DATE.
This Ordinance shall take effect and be in force from and after its approval as required by the law.
ENACTED AND ORDAINED this 16th day of November 2021.