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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.
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.
The department shall promulgate such rules as may be necessary for the implementation of this subchapter. Such rules shall incorporate work practices that are no less protective of public health than those set forth in subdivisions d and e of section 173.14 of the health code and those parts of subdivision b of such section of the health code applicable thereto or a successor rule, and shall include a requirement that lead-contaminated dust clearance testing be performed at the completion of such work. Such rules shall require that such work be performed by a person who has, at a minimum, successfully completed a course on lead-safe work practices given by or on behalf of the department or, by the United States environmental protection agency or an entity authorized by it to give such course, or by the United States department of housing and urban development or an entity authorized by it to gives such course. Such rules shall not apply where such work disturbs surfaces of less than (i) two square feet of peeling lead-based paint per room or (ii) ten percent of the total surface area of peeling paint on a type of component with a small surface area, such as a window sill or door frame.
(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.
a. The operator of a covered facility shall conduct a survey of such facility annually, and more often if necessary, to determine the physical condition of surface-coating material throughout each such facility and shall provide a copy of the survey results (i) to the department, which will make the information publicly available online, and (ii) to the parent or guardian of each child that attends such facility, as required by rules of the department. The department may require by rule that such annual survey be submitted electronically.
b. In a covered facility located in a school operated by the department of education, the survey required by subdivision a of this section shall include rooms and areas where children of an applicable age are located, including classrooms, libraries, cafeterias, and gymnasiums designated for use by such children of an applicable age. A room or area of a school operated by the department of education may not be designated for use as a covered facility unless such room or area has, within the prior year, been included in a survey conducted in accordance with this section.
c. In addition to the requirements of this section, department of education shall conduct a survey of classrooms in a covered facility located in a school operated by the department at least three times a year to determine the physical condition of surface-coating material in classrooms and shall provide a copy of the survey results (i) to the department, which will make the information publicly available online, and (ii) to the parent or guardian of each child that attends such facility, as required by rules of the department.
(Am. L.L. 2019/071, 4/14/2019, eff. 8/12/2019; Am. L.L. 2020/028, 2/11/2020, eff. 2/11/2021)