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a. At least once every five years, the owner of a dwelling shall paint all exterior window frames and sashes with one coat of an exterior paint. The department may require a more frequent repainting of any window frame or sash, as it deems necessary. This subdivision shall not apply to window frames and sashes of approved atmospheric corrosion resistant metal.
b. The owner of a dwelling shall paint every fire escape with two coats of paint of contrasting colors. The owner shall paint the first coat before and the second after erection of a new fire escape, except that this shall not apply to fire escapes constructed of approved atmospheric corrosion resistant metal. Whenever a fire escape becomes corroded, the owner shall scrape and remove the corrosion products and repaint it with two coats of paint of contrasting colors.
a. The owner of a multiple dwelling shall whitewash the walls enclosing all courts and shafts not made of light-colored brick or stone or shall paint such walls a light color, and shall maintain them in a clean condition.
b. As often as it deems necessary, the department may require the owner of a multiple dwelling:
(1) To rewhitewash or repaint the walls enclosing courts and shafts not made of a light-colored brick or stone; and
(2) To clean the walls enclosing courts and shafts made of a light-colored brick or stone.
c. This section does not apply to:
(1) Outer courts which open on a street; or
(2) Courts which exceed the minimum dimensions set forth in section twenty-six of the multiple dwelling law by at least fifty percent.
a. The department may by regulation prescribe or approve the kind and quality of paints or wall covering which may be used to satisfy the requirements of this article.
b. The department may by regulation extend the time for repainting when in its judgment the particular kind and quality of paint or wall covering used is designed to wear for considerably longer periods of time than the time set for repainting in this article. An owner who uses such long-wearing paints or wall covering shall inform the department prior to his or her doing so in accordance with departmental regulations.
Article 4: Control of Pests and Other Asthma Allergen Triggers
(Am. L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
When used in this article:
Common area. The term "common area" means a portion of a multiple dwelling that is not within a dwelling unit and that is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling, as well as commonly used areas such as a laundry room.
Harborage. The term "harborage" means any condition which provides shelter or protection for pests.
Indoor allergen hazard. The term "indoor allergen hazard" means any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation, or an indoor mold hazard.
Indoor mold hazard. The term "indoor mold hazard" means any condition of mold growth on an indoor surface, building structure or ventilation system, including mold that is within wall cavities, that is likely to cause harm to a person or that has been cited as a violation by the department.
Integrated pest management. The term "integrated pest management" means ongoing prevention, monitoring and pest control activities to eliminate pests from any building, lot, or dwelling. This includes, but is not limited to, the elimination of harborages and conditions conducive to pests, the use of traps, and, when necessary, the use of pesticides.
Pest. The term "pest" means any unwanted member of the Class Insecta, including, but not limited to houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the Phylum Arthropoda as spiders, mites, ticks, centipedes and wood lice, or of the Order Rodentia, including but not limited to mice, Norway rats, and any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance.
Underlying defect. The term "underlying defect" means a condition that causes an indoor mold hazard, such as a water leak or water infiltration from plumbing or defective masonry pointing or other moisture condition, or causes an infestation of pests, including holes or entryway paths for pests.
Visible mold. The term "visible mold" means mold that is readily identifiable by visual inspection, including mold that is behind furniture or other interior obstructions.
(Am. L.L. 2018/055, 1/19/2018, eff. 1/19/2019; Am. L.L. 2019/051, 3/16/2019, retro. eff. 1/19/2019)
The existence of an indoor allergen hazard in any dwelling unit in a multiple dwelling is hereby declared to constitute a condition dangerous to health. An owner of a dwelling shall keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards, and shall prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously remediate such conditions and any underlying defect, when such underlying defect exists, consistent with section 27-2017.8 and the rules promulgated pursuant to section 27-2017.9.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019; Am. L.L. 2019/051, 3/16/2019, retro. eff. 1/19/2019)
a. The owner of a multiple dwelling shall cause an investigation to be made for indoor allergen hazards in all occupied dwelling units and in common areas as set forth on subdivision b of this section.
b. Investigations shall be undertaken at least once a year and more often if necessary, such as when, in the exercise of reasonable care, an owner knows or should have known of a condition that is reasonably foreseeable to cause an indoor allergen hazard, or an occupant makes a complaint concerning a condition that is likely to cause an indoor allergen hazard or requests an inspection, or the department issues a notice of violation or orders the correction of a violation that is likely to cause an indoor allergen hazard.
c. All leases offered to tenants or prospective tenants in such multiple dwellings shall contain a notice, conspicuously set forth therein, which advises tenants of the obligations of the owner and tenant as set forth in this section. Such notice shall be approved by the department, and shall be in English and in the covered languages set forth in section 8-1002*. The owner of such multiple dwelling shall provide the tenant or prospective tenant of such dwelling unit with the pamphlet developed by the department of health and mental hygiene pursuant to section 17-199.7. Such pamphlet shall be made available in English and in the covered languages set forth in section 8-1002*.
(L.L. 2018/055, 1/19/2018, eff. 1/19/2019)
* Editor's note: Repealed. For current provisions, see Title 21, Chapter 1, Subchapter 1.
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