ARTICLE II. LEAD BASED PAINTS1
70-26 Sale and use prohibited.
No person shall sell, offer for sale for use, or use or apply lead-based coating or toxic heavy-metal based coating in or upon any exposed surface of any dwelling or dwelling unit, or any fixtures or other objects used, installed or located in any dwelling or dwelling unit, or intended to be so used, installed or located.
(Code 1985, § 13-31)
70-27 Determination of hazardous paint.
For the purpose of this article, where analysis reveals the presence of lead or its compounds in a quantity of 0.06 percent of the total weight of the contained solid or dried paint film, it shall be deemed sufficient to be a hazard to the health and safety to occupants of a dwelling unit, or where a referral is received from the state or county health officials, or from a hospital or any other health agency, indicating that a person who resides in a dwelling unit has an elevated blood lead-level, such paint or coating shall be considered a hazard to the health and safety of the occupants, and the use of such paint or coating or allowing its continued exposure to occupants of dwelling units is prohibited.
(Code 1985, § 13-32)
70-28 Analysis of paint samples.
If, upon inspection by the administrator of the building and safety engineering division of the city, or his duly authorized representative, there is found the presence of flaking, peeling, chipped or loose paint, plaster or structural material in or around any building used for housing, the administrator of the building and safety engineering division, or his authorized agent, is empowered to secure specimens of flaking, peeling, chipped or loose paint, plaster or structural material and to analyze or cause an analysis to be made determining whether or not the materials contain lead or its compound in a quantity of 0.06 percent of the total weight of the contained solid or dried paint film.
(Code 1985, § 13-33)
70-29 Notice to tenants of hazard.
Where analysis has revealed the presence of lead or its compounds in a quantity of 0.06 percent of the total weight of the contained solid or dried paint film, and where children under the age of six reside in the dwelling, the administrator of the building and safety engineering division shall inform the tenants in writing that lead paint was found in their dwelling unit and the potential hazard this represents to their children.
(Code 1985, § 13-34)
State law reference—Duty of examining physician to report diagnosis of lead poisoning in a minor, MCL 333.5111, MSA 14.15(5111).
70-30 Public nuisance; abatement procedures.
(a) The presence of lead-base paints or any lead compounds in a quantity sufficient to be hazardous in any dwelling is declared to be a public nuisance.
(b) For the purpose of protecting the health and safety of the occupants of a dwelling unit containing lead-base paint or lead compound in a sufficient quantity so as to be hazardous, the administrator of the building and safety engineering division is authorized to do the following:
(1) Notify the owner of such dwelling at the address listed in the city’s assessor’s office by registered mail that his dwelling is unsafe because of lead-base paints or lead compounds.
(2) Advise the owner that corrective measures shall be accomplished within 30 days from the date of mailing of such registered notice of violation.
(3) Use all legal means to have the building vacated and made safe from trespass if the owner fails to correct such nuisance within the 30-day period.
(Code 1985, § 13-35)
Cross reference—Buildings and building regulations, ch. 22.