§ 17-922 Remediation of lead-based paint hazards.

   a.   There shall be no peeling lead-based paint in any portion of any covered facility.

   b.   Lead-based paint or paint of unknown lead content that is peeling, or which is present on chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces shall be immediately remediated in a manner authorized by the department.

   c.   Any equipment that is painted shall be painted with lead-free paint.

   d.   Whenever a condition prohibited by this section is found to exist, the department shall immediately serve an order on the operator of such facility to remediate the condition. After such order has been served, the operator shall post such notices near the entrance of such facility as required by the rules provided for in section 17-923 of this subchapter. In the event such order is not complied with within 21 days after service thereof, the department shall immediately request an agency of the city of New York to execute such order pursuant to the provisions of section 17-147 of this code. The agency shall execute the order within 21 days of the department's request. Where compliance with the time requirements of this subdivision would cause undue hardship, and where the operator demonstrates a good faith effort to comply timely and shows that it is maintaining interim controls to protect children from a lead-based paint hazard, the department may extend the time for compliance for an additional 24 days. The department may extend the time for compliance beyond such additional 24 days, in accordance with rules promulgated by the department. The city of New York shall be entitled to enforce its rights for reimbursement of expenses incurred thereby, including as credits toward lease payments.

   e.   When lead-based paint hazards are remediated pursuant to this section such work shall be performed in compliance with work practices established by the department pursuant to section 17-923 of this subchapter.

(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.