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Enactment date: 7/15/1999
Int. No. 582
By Council Members Spigner, Harrison and Stabile (in conjunction with the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to childhood lead poisoning prevention, and to repeal subdivision h of section 27-2013 of such code.
Be it enacted by the Council as follows:
* * *
[Consolidated provisions are not included in this Appendix A]
* * *
§ 2. Statement of findings and purposes. The council finds that lead poisoning from paint containing lead is a preventable childhood disease. The council further finds that the goal of local law number 1 for the year 1982, which was to eliminate hazardous housing conditions before a child becomes lead poisoned, is not best served by the removal of intact paint containing lead, which local law number 1 has been interpreted to require. Instead, the council by enacting this article recognizes that the best way to prevent poisoning from paint containing lead is to ensure that such paint is kept in good repair or, if it is peeling or located on a deteriorated subsurface, that it is repaired using safe work practices.
The council further finds that the hazard in multiple dwellings that may occur from paint containing lead is subject to many factors, such as the age of a building and its maintenance. The council therefore recognizes that it cannot legislate a single maintenance standard for all multiple dwellings to eliminate this hazard. Instead, the council by enacting this article makes it the duty of every owner of a multiple dwelling to inspect dwellings units occupied by a child under six years of age for lead-based paint hazards, and to address such hazards on a case-by-case basis as the conditions may warrant, taking such actions that are necessary to prevent a child from becoming lead poisoned. Having established this duty, the council finds that sufficient information exists to guide owners in making determinations about the existence of lead-based paint hazards.
The council further finds that in any dwelling unit where a child under the age of six resides, the existence of lead-based paint constitutes an immediately hazardous condition when it is peeling or located on a deteriorated subsurface. In order that the department of housing preservation and development may secure the appropriate correction of lead-based paint hazards, this article makes any such hazard a class C immediately hazardous violation under the code. The council declares that it is reasonable and necessary to set forth timeframes for owners and for the department to diligently perform their duties so that lead-based paint hazards shall be controlled in all applicable housing to the maximum extent possible.
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[Consolidated provisions are not included in this Appendix A]
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§ 9. This local law shall take effect one hundred and twenty days after enactment, provided however, that the department of housing preservation and development and the department of health may promulgate rules and take all actions necessary, including the approval of any course or courses to train individuals on conducting surface dust tests, to implement this local law on or before the date upon which it shall take effect

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