CODE OF ORDINANCES
City of
SAVANNAH, GEORGIA
Codified through
Ordinance of August 26, 2010.
(Supp. No. 5)
Sec. 9-3008. Control of lead paint--Definitions.
For the purpose of sections 9-3008 through 9-3012, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
(1) Approval. Satisfactory compliance as determined by the district director, department of
public health.
(2) District director. That person who heads the public health department or his designated
representative.
(3) Dwelling, dwelling unit, roominghouse, rooming unit. A building or structure which is wholly
or partly used or intended to be used for living, sleeping, cooking or recreation by human
occupants, collectively referred to as a "building."
(4) Facility. Any building or structure and equipment therein.
(5) Lead paint. Any pigmented, liquid substance applied to surfaces by brush, roller, spray or
other means in which the total nonvolatile ingredients contain more than one-half of one percent
of lead by weight or 0.7 milligram per square centimeter (0.7 mg/cm 2 ) as determined with an
X-ray fluorescence lead paint analyzer, calculated as lead metal either as a liquid or as dried
film already applied.
(6) Extractable or leachable lead. The quantity of lead in solution form as applied to food
containers, cooking, eating or drinking utensils or tableware shall not exceed seven micrograms
per milliliter.
(7) Premises. A lot, plot or parcel of land, including all facilities thereon.
(8) Substance. Shall include but not be limited to lead-bearing putty, ceramics, plumbing,
sealers, paint and similar items.
(9) Surfaces. Shall include but not be limited to such areas as window sills, window frames,
doors, door frames, walls, ceilings, porches, stairs, handrails, toys, furniture, food utensils and
other appurtenances.
(10) Child. A person who is 14 years of age or less or a person who is mentally impaired to
the extent that his intelligence or understanding is that of a person 14 years of age or less.
(Code 1977, § 9-3008)
Sec. 9-3009. Same--Prohibited use of lead paint.
It shall be unlawful for any person in the City of Savannah to use or apply or cause to be
used or applied or allow to exist lead paint, or any substance containing lead as defined in this
section, in excess of one-half of one percent by weight or 0.7 milligram per square centimeter
(0.7 mg/cm2 ) as determined with an X-ray fluorescence lead paint analyzer (XRF Lead Paint
Analyzer) to interior surfaces and to those exterior surfaces accessible to children or which may
become accessible to children by peeling, chipping or flaking of the exterior surfaces of any
premises, dwelling, dwelling unit, roominghouse, rooming unit or facility occupied or regularly
used by children.
(Code 1977, § 9-3009)
Sec. 9-3010. Same--Prohibited distribution of toys, furniture, food containers,
utensils and tableware.
(a) It shall be unlawful for any person to sell, transfer, give or deliver toys or furniture to which
lead paint has been applied.
(b) It shall be unlawful for any person to sell, transfer, give or deliver any food container;
cooking, eating or drinking utensil; or tableware having extractable or teachable lead on it or in
it.
(Code 1977, § 9-3010)
Sec. 9-3011. Same--Labeling of substances having lead content.
Containers in which substances having lead content are stored, sold, transferred or
added for wholesale or retail purposes shall be labeled in conformance with state and federal
laws and regulations and recommended standards of the Federal Hazardous Substance
Labelling Act.
(Code 1977, § 9-3011)
Sec. 9-3012. Same--Hazardous condition and notice of abatement.
(a) The district director may make a determination of imminent hazard that all or any portion of
a building shall be vacated or not occupied until compliance with this section is accomplished. If
such a determination of imminent hazard is made, the building shall be posted with a notice so
stating, and the owner and each tenant of the owner of the building shall be given written notice
within 30 days of the determination. The failure of the district director to make such a
determination of imminent hazard shall not be deemed a finding that no hazard or danger exists.
(b) No owner of a building shall be permitted to use this section to cause a tenant to be evicted
or to vacate the building or to terminate a lease if the purpose of such act by the owner is to
avoid compliance with this section. A prima facie showing of such prohibited purpose shall be
made if the owner has caused such vacation or eviction to have occurred and has not
commenced work to abate the condition(s) causing a violation of this section within 30 days of
the vacation or eviction with such work being continued until completed except for cause
beyond the control of the owner, or the owner has permitted subsequent occupancy of the
building without abating the condition causing the violation. If the district director has made a
determination of imminent hazard in accordance with subsection (a) above, this subsection shall
not become applicable.
(c) No building which is in violation of this section which is subject to a determination of
imminent hazard in accordance with subsection (a) or which has been vacated without violating
subsection (b) shall be occupied by a tenant or guest of the owner until the violation has been
abated.
(d) If the owner of a building does not remove, replace or securely and permanently cover the
condition in violation of this section within 30 days of the date of notice to the owner, the district
director may cause to be posted upon the building a notice of the violation and a declaration that
the building is unfit for habitation of persons. Such a notice shall remain effective until the
violation is abated.
(Code 1977, § 9-3012)
Sec. 9-3013. Same--Exemptions.
Exempt from sections 9-3008 through 9-3012 shall be furniture used in a building or
structure which is not accessible to guests, invitees or licensees who may be children or
accompanied by children and which is not defined in section 9-3008(3).
(Code 1977, § 9-3013)