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As used in this subchapter:
Child of applicable age. The term "child of applicable age" has the same meaning as the term "applicable age" as defined in section 27-2056.18.
Covered agency. The term "covered agency" means the following agencies that provide services for or relating to children of applicable age: the department, the department of social services/human resources administration, the department of education, the administration for children's services, the department of youth and community development, the department of homeless services, the department of parks and recreation and any other agencies the mayor may designate that provide services for or relating to children.
Lead-based paint hazard. The term "lead-based paint hazard" shall have the meaning ascribed to such term by section 27-2056.2.
(L.L. 2019/064, 4/14/2019, eff. 8/12/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/064.
a. In addition to or as part of any investigation required pursuant to section 27-2056.14, whenever a report has been made to the department of a person under 18 years of age with an elevated blood lead level that is at or above the blood lead reference level established pursuant to this subchapter, the department shall conduct such investigation as may be necessary to identify potential sources of such elevated blood lead level, including, but not limited to, inspecting the following areas:
1. Any dwelling unit in which the department determines such person is routinely present for 10 or more hours per week; and
2. Where a lead-based paint hazard is found in such a dwelling unit, any other dwelling unit in the same building in which a child under the age of one year resides, except that the department shall not be required to inspect any such dwelling unit that is required to be inspected by another agency or governmental entity; and
3. Any covered facility, as such term is defined in section 17-920, where the department determines the person with such elevated blood lead level is routinely present for 10 or more hours per week; and
4. Any park, playground or other area that is covered in bare soil where a risk assessment conducted by the department indicates that such bare soil presents a potential source of lead exposure contributing to such person's elevated blood lead level, except that the department of parks and recreation shall inspect any such park, playground or other area under its jurisdiction.
b. Whenever a report has been made to the department of a pregnant person with an elevated blood lead level, the department shall (i) conduct such investigation as may be necessary to identify potential sources of such elevated blood lead level, and (ii) after the birth of a child by such pregnant person, screen such child for elevated blood lead levels and assess whether the dwelling unit where such child resides contains a lead-based paint hazard or unsafe lead paint.
c. The department shall conduct outreach to any new parent or person imminently expecting to become a parent regarding the availability of inspections conducted pursuant to section 27-2056.9. Such outreach shall include information about blood lead testing for children, unsafe construction or renovation work practices and the availability of inspections for such practices.
d. Wherever the department is required to conduct an inspection pursuant to subdivision a of this section, such inspection shall include:
1. An inspection of the dwelling unit for lead-based paint hazards or unsafe lead paint, as applicable, including analysis by an x-ray fluorescence analyzer, in accordance with subdivision (7) of section 27-2056.2, of all friction surfaces, chewable surfaces, peeling paint, deteriorated subsurfaces and impact surfaces as such terms are defined in section 27-2056.2;
2. For a dwelling unit described in paragraph 1 of subdivision a of this section, assisting with the ordering of a free test kit supplied by the department of environmental protection to enable testing of drinking or cooking water for lead and conducting outreach, as needed, to promote the return of such test kit for testing; and
3. Lead testing of soil from any area on the property that (i) is covered in bare soil and (ii) presents a potential source of lead exposure contributing to the person's elevated blood lead level, as determined by the department's investigation.
e. In the event an inspection by the department pursuant to paragraph 1 of subdivision d of this section finds any lead-based paint hazards or unsafe lead paint on any surfaces, it shall order the correction of such conditions pursuant to the requirements of the New York city health code.
f. Nothing in this section shall require the department to analyze any area with an x-ray fluorescence analyzer more than once in any three-month period where no visual evidence of peeling paint or any deteriorated subsurface is observed.
(L.L. 2019/064, 4/14/2019, eff. 8/12/2019; Am. L.L. 2020/030, 2/11/2020, eff. 2/11/2021; Am. L.L. 2021/039, 4/18/2021, eff. 10/18/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/064.
a. For the purposes of this subchapter, section 27-2056.14 and any local law referring to a blood lead reference level except as otherwise provided by such local law, the blood lead reference level shall be five micrograms per deciliter, except that, if the federal centers for disease control and prevention or a successor agency defines a lower blood lead reference level the department shall (i) by rule define such lower level as the blood lead reference level for the purposes of this subchapter, section 27-2056.14 and any local law referring to a blood lead reference level except as otherwise provided by such local law or (ii) submit a report to the mayor and the speaker of the council detailing the reasons why such lower blood lead reference level should not be adopted for the city or should result in alternative public health actions other than those provided for in this subchapter.
b. Notwithstanding subdivision a of this section, for the purposes of this subchapter, section 27-2056.14 and any local law referring to a blood lead reference level except as otherwise provided by such local law, the board of health may define in the health code a lower blood lead reference level than that defined by the federal centers for disease control and prevention or a successor agency that shall apply to this subchapter, section 27-2056.14, and any local law referring to a blood lead reference level except as otherwise provided by such local law, if the board determines that defining such a lower blood lead reference level is in the interest of public health.
(L.L. 2019/066, 4/14/2019, eff. 8/12/2019)
a. Whenever testing water for lead from a fixture or other source is required by law or rule, or an order issued by a court or agency of appropriate jurisdiction, such testing shall include (i) taking a first-draw sample from such source, (ii) taking at least one additional sample, when practicable, from such source, except that the department may by rule determine specific circumstances in which a first-draw sample is sufficient, and (iii) analysis of such samples by a laboratory certified to analyze water samples for lead by the federal environmental protection agency or a state agency having appropriate jurisdiction, unless otherwise provided for by federal, state, or local law or rule. For the purposes of this section, the term "first-draw sample" means a first draw tap sample for lead and copper, as such term is defined in section 5-1.1 of title 10 of the New York codes, rules and regulations.
b. Nothing in this section shall prohibit the department from requiring an additional sample from such source.
c. Notwithstanding subdivisions a and b of this section: (i) if the federal environmental protection agency or a successor agency provides any guidance on testing standards that differs from the requirements of this section, the department may by rule adopt such guidance in lieu of the testing standards requirements of this section; and (ii) if a water lead action level is established by federal, state, or local law or rule that requires new sampling requirements, the department may by rule adopt such sampling requirements in lieu of the sampling requirements of this section.
(L.L. 2019/067, 4/14/2019, eff. 4/14/2020)
When the parent or guardian of a child of applicable age seeks a service from a covered agency for such child, such agency shall provide a pamphlet developed by the department or other materials approved by the department that include information on how to obtain a blood lead screening.
(L.L. 2019/068, 4/14/2019, eff. 8/12/2019)
When the parent or guardian of a child of applicable age seeks a service from a covered agency for such child, such agency shall provide a parent or guardian of such child with a pamphlet developed by the department of health and mental hygiene pursuant to section 17-179 of this code, and inform a parent or guardian of such child that they may, without cost or payment:
a. obtain an inspection conducted by the department of housing preservation and development or its successor agency for peeling paint, a deteriorated subsurface, or an underlying defect in their multiple dwelling rental unit by calling 311; and
b. obtain a lead testing kit for drinking water from the department of environmental protection, have a sample of their drinking water sent to a laboratory for analysis, and receive the results of such analysis within 30 days of such sample being tested.
(L.L. 2019/073, 4/14/2019, eff. 8/12/2019)
a. The department shall submit to the mayor and the speaker of the council, and make publicly available on the department’s website, a report on the number of objections to department orders for lead abatement or remediation received by the department pursuant to paragraph 3 of subdivision d of section 173.13 of the health code, or successor provision. Such report shall specify the number of such objections received from a housing development operated by the New York city housing authority. The department shall issue such report twice a year no later than August 30 for the period covering January through June of the same year, and no later than February 28 for the period covering July through December of the prior year.
b. The report required pursuant to subdivision a of this section shall include the number of orders withdrawn in full by the department, disaggregated by the reasons such orders were withdrawn, including, but not limited to:
1. Faulty paint sampling or testing by the department;
2. Inconclusive or contradicting test results; or
3. Exemptions due to the date a tested dwelling was erected.
(L.L. 2023/112, 8/13/2023, eff. 8/13/2023)
Subchapter 2: Remediation of Lead-Based Paint Hazards in Schools and Facilities Providing Day Care Services
(Title amended, L.L. 2020/028, 2/11/2020, eff. 2/11/2021)
As used in this subchapter, the following terms have the following meanings:
Chewable surface. The term "chewable surface" means a protruding interior window sill in a dwelling unit in a multiple dwelling where a child of applicable age resides, or a covered facility where services for or relating to a child of applicable age are provided, and which is readily accessible to such child. "Chewable surface" also means any other type of interior edge or protrusion in a dwelling unit in a multiple dwelling, such as a rail or stair, where there is evidence that such other edge or protrusion has been chewed or where an occupant has notified the owner that a child of applicable age who resides in that dwelling unit has mouthed or chewed such edge or protrusion.
Covered facility. The term "covered facility" means the rooms, areas and other spaces regulated by articles 43 or 47 of the New York city health code.
Day care service. The term "day care service" means a program or service regulated by articles 43 or 47 of the New York city health code.
Deteriorated subsurface. The term "deteriorated subsurface" has the same meaning as such term is defined in section 27-2056.2.
Friction surface. The term "friction surface" has the same meaning as such term is defined in section 27-2056.2.
Impact surface. The term "impact surface" has the same meaning as such term is defined in section 27-2056.2.
Lead-based paint. The term "lead-based paint" has the same meaning as such term is defined in section 27-2056.2.
Lead-based paint hazard. The term "lead-based paint hazard" means any condition in a dwelling or dwelling unit, or in a covered facility, that causes exposure to lead from lead-contaminated dust, from lead-based paint that is peeling, or from lead-based paint that is present on chewable surfaces, deteriorated subsurfaces, friction surfaces or impact surfaces that would result in adverse human health effects.
Lead-contaminated dust. The term "lead-contaminated dust" has the same meaning as such term is defined in section 27-2056.2.
Peeling. The term "peeling" has the same meaning as such term is defined in section 27-2056.2.
Remediation. The term "remediation" has the same meaning as such term is defined in section 27-2056.2.
(L.L. 2019/064, 4/14/2019, eff. 8/12/2019; Am. L.L. 2020/028, 2/11/2020, eff. 2/11/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/064.
a. All paint or similar surface-coating material on the interior of any covered facility in a structure erected before January 1, 1978, shall be presumed to be lead-based paint.
b. The presumption established by this section may be rebutted by the operator of the covered facility or by the owner of the premises where such facility is located by submitting to the department a sworn written statement by such operator or owner supported by lead-based paint testing or sampling results, a sworn written statement by the person who performed the testing if performed by an employee or agent of such operator or owner and such other proof as the department may require. Testing performed to rebut the presumption may only be performed by a person who has been certified as an inspector or risk assessor in accordance with subparts L and Q of part 745 of title 40 of the code of federal regulations or successor regulations. The determination as to whether such proof is adequate to rebut the presumption established by this section shall be made by the department.
(Am. L.L. 2019/064, 4/14/2019, eff. 8/12/2019)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2019/064.
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