§ 11-06 — Safe Work Practices

§ 11-06 Safe Work Practices.

(a) Filing procedures. Not less than ten days prior to commencement of work that will disturb lead-based paint pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code, an owner shall file with the department of health and mental hygiene a notice of the commencement of the work. Such notice shall be signed by the owner or by a representative of the firm performing the work. Where work is required to be commenced in a lesser period of time than that specified herein for the filing of a notice of commencement of work, then such filing shall be made as soon as practicable but prior to the commencement of work. Such notice shall be in a form satisfactory to or prescribed by the department of health and mental hygiene and shall set forth at a minimum the following information: (1) The name, address and telephone number of the owner of the premises in which the lead-based paint work is to be performed; (2) The address of the building and the specific location of the lead-based paint work within the building; (3) The name, address and telephone number of the firm who will be responsible for performing the work; (4) The date and time of commencement of the work, working or shift hours, and the expected date of completion; (5) A complete description and identification of the surfaces and structures, and surface areas, subject to the work; and (6) Any changes in the information contained in the notice required by this section shall be filed with the department of health and mental hygiene prior to commencement of work, or if work has already commenced, within 24 hours of any such change. (b) Licensing and training. (1) Abatement. All work conducted as part of an abatement as defined in this chapter shall be performed by firms and personnel certified to perform lead-based paint activities in accordance with regulations issued by the United States environmental protection agency at subpart L of 40 C.F.R. Part 745 for the abatement of lead hazards, or successor rule. (2) Work ordered by the department to correct a lead-based paint hazard violation in accordance with § 27-2056.11(a)(1) of Article 14 of the Housing Maintenance Code, or work performed pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code, shall be performed in accordance with the following requirements: (i) Firm requirements. Firms conducting such work shall be certified to perform lead abatement by the United States environmental protection agency in accordance with subpart L of 40 C.F.R. Part 745 for the abatement of lead hazards, or successor rule. (ii) Worker requirements. Workers conducting such work shall be trained, at a minimum, in accordance with the regulations issued by the United States department of housing and urban development at 24 C.F.R. § 35.1330(a)(4), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene. (iii) Clearance dust testing. No person shall perform a lead-contaminated dust clearance test pursuant to this section unless such person is a third party, who is independent of the owner and any individual or firm that performs such work. All personnel performing lead-contaminated dust clearance testing after completion of such work shall be trained, at a minimum, in accordance with regulations issued by the United States department of housing and urban development at 24 C.F.R. § 35.1340(b)(1), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene. (3) Work performed in accordance with § 27-2056.11(a)(2)(i) of Article 14 of the Housing Maintenance Code, shall be performed in accordance with the following requirements: (i) Worker requirements. Workers conducting such work shall be trained under regulations issued by the United States department of housing and urban development at 24 C.F.R. § 35.1330(a)(4), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene. (ii) Clearance dust testing. No person shall perform a lead-contaminated dust clearance test pursuant to this section unless such person is a third party, who is independent of the owner and any individual or firm that performs such work. Personnel performing lead-contaminated dust clearance testing after completion of such work shall be trained in accordance with regulations issued by the department of housing and urban development at 24 C.F.R. § 35.1340(b)(1), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene. (4) Work performed in a dwelling unit upon turnover in accordance with § 27-2056.8 of Article 14 of the Housing Maintenance Code. No person shall perform a lead-contaminated dust clearance test pursuant to this paragraph unless such person is a third party, who is independent of the owner and any individual or firm that performs the work upon turnover. Personnel performing lead-contaminated dust clearance testing after completion of such work shall be trained in accordance with regulations issued by the department of housing and urban development at 24 C.F.R. § 35.1340(b)(1), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene. (c) Recordkeeping. An owner shall keep a record of the following information for all work performed pursuant to this section: (1) The name, address, and telephone number of the person or entity who performed the work; the start date and completion date for the work; (2) A copy of all licenses and training certificates, required pursuant to subdivision (b) of this section, for the firms and personnel who performed work and lead-contaminated dust clearance testing; (3) The location of the work performed in each room including a description of such work and invoices for payment for such work; (4) Results of lead-contaminated dust clearance tests analyzed by an independent laboratory certified by the state of New York; (5) Checklists completed pursuant to (g)(1)(ix)(F)(f) when occupants are allowed temporary access to a work area; and (6) Such records shall be maintained by such owner for a period of ten years from the date of completion of such work or transferred to a subsequent owner and maintained by such subsequent owner during such time period, and made available to the department upon request. (d) Work methods. (1) Minimizing dust dispersion. Work that disturbs lead-based paint as defined in this chapter shall be carried out in such a manner as to minimize the penetration or dispersal of lead contaminants or lead-contaminated materials from the work area to other areas of the dwelling unit and building or adjacent outdoor areas. (2) An area designated as a clean changing area shall be segregated from the work area by a physical barrier to prevent the penetration or dispersal of lead contaminants or lead-contaminated materials from the work area to other areas of the dwelling unit and building and to prevent occupant exposure to materials containing lead. (3) Repair of lead-based paint hazard violations may be performed by wet sanding, wet scraping, removal, enclosure, encapsulation, replacement or abatement except where otherwise specified in Article 14 of the Housing Maintenance Code or these rules. (e) Prohibited methods. The following methods shall not be used while performing work in accordance with these rules that disturbs lead-based paint or paint of unknown lead content: (1) Open flame burning or torching. (2) Machine sanding or grinding without HEPA local exhaust control. (3) Abrasive blasting or sandblasting without HEPA local exhaust control. (4) Heat guns operating above 1,100 degrees Fahrenheit or charring the paint. (5) Dry sanding or dry scraping. (6) Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance in accordance with regulations of the United States consumer product safety commission at 16 C.F.R. § 1500.3, and/or a hazardous chemical in accordance with the United States occupational safety and health administration regulations at 29 C.F.R. §§ 1910.1200 or 1926.59, as applicable to the work. (f) Work practices and surface finishing. (1) All tools and materials used when disturbing paint shall be used in accordance with the manufacturer's instructions. (2) Wet sanding, wet scraping, removal, enclosure, encapsulation, replacement, abatement and other maintenance and repair activities shall be performed using standard construction and treatment methods, and in accordance with manufacturer's instructions, where applicable. (3) All surfaces where paint has been disturbed shall be sealed and finished with appropriate materials. Underlying surface substrates shall be dry and protected from future moisture before applying a new protective coating or paint, and all paints and coatings shall be applied in accordance with the manufacturer's recommendations. (g) Occupant protection. (1) Work ordered by the Department to correct a lead-based paint hazard violation in accordance with § 27-2056.11(a)(1) of Article 14 of the Housing Maintenance Code, or work performed pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code. (i) Postings. The following information shall be conspicuously posted no later than twenty-four hours prior to beginning work and shall remain in place until the work area has been cleared for re-occupancy: (A) Notice of commencement of work information submitted to the department of health and mental hygiene pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code. Such information shall be posted at the entrance to the dwelling and at the entrance to the dwelling unit. (B) A warning sign of at least 8 1/2" by 11" with letters at least one inch high, reading as follows: WARNING: LEAD WORK AREA – POISON – NO SMOKING OR EATING. Such information shall be posted adjacent to the work area. (ii) Pre-cleaning and protecting moveable items. All floors, moveable furniture, draperies, carpets, or other objects in the work area shall be HEPA-vacuumed or washed; all moveable items shall then be moved out of the work area or otherwise covered with two layers of six-mil disposable polyethylene sheeting before work begins. Such sheeting shall be taped together with waterproof tape, and taped to the floors or bottom of the walls or baseboards, so as to form a continuous barrier to the penetration of dust. (iii) Sealing vents. Forced-air systems within the room where work that disturbs lead-based paint is occurring shall be turned off and covered with two layers of six-mil polyethylene sheeting and waterproof tape to prevent lead contamination and lead dispersal to other areas. (iv) Affixing doorway entrance flap. After all moveable objects have been removed, the work area shall be sealed off from non-work areas by taping with waterproof tape, two layers of disposable, six-mil polyethylene sheeting over every entrance or doorway to the work area, as follows: To deter the dispersal of lead dust one sheet shall be taped along all sides of the doorway and a slit shall be cut down the middle of the sheeting, leaving intact at least six inches of sheeting on the top and six inches of sheeting on the bottom of the doorway. A second sheet of polyethylene large enough to cover the doorway, shall be attached to the top of the doorway in the room or area where work is being conducted and shall act as a flap opening into the work area. (v) Covering floors. The floor of the work area shall be covered with at least two sheets of disposable six-mil polyethylene sheeting. Such sheeting shall be taped together with waterproof tape, and taped to the bottom of the walls or baseboard, so as to form a continuous barrier to the penetration of dust to the floor. The furniture and non-moveable furnishings, such as counters, cabinets, and radiators in the work area shall be removed or covered with such taped sheeting. (vi) Sealing openings. All openings, including windows, except those required to be open for ventilation, not sealed off or covered in accordance with subdivision (g)(1)(iii) of the section, shall be sealed with two layers of six-mil polyethylene sheeting and waterproof tape to prevent the penetration or dispersal of lead contaminants or lead-contaminated material. (vii) Instructing occupants. Occupants shall be instructed by the owner and contractor to avoid entering the work area until final clearance levels have been achieved. (viii) Hazardous materials. All paints, thinners, solvents, chemical strippers or other flammable materials shall be delivered to the building and maintained during the course of the work in their original containers bearing the manufacturer's labels, and all material safety data sheets, as may be required by law, shall be on-site and shall be made available upon request to the occupants of the dwelling unit. (ix) Clean-up and lead-contaminated dust clearance testing procedures. (A) Daily clean-up. At the completion of work each day, the work area shall be thoroughly wet-mopped or HEPA-vacuumed. No polyethylene sheeting, drop cloths, or other materials that are potentially hazardous to young children or infants shall be accessible outside the work area. In addition, any work area and other adjoining area exposed to lead or lead-contaminated materials shall be cleaned as follows: (a) Large debris. Large demolition-type debris (e.g., door, windows, trim) shall be wrapped in six-mil polyethylene, sealed with waterproof tape, and moved to the area designated for trash storage on the property to be properly disposed of in a lawful manner. (b) Small debris. Small debris shall be HEPA-vacuumed or wet swept and collected. Before wet sweeping occurs, the affected surfaces shall be sprayed with a fine mist of water to keep surface dust from becoming airborne. Dry sweeping is prohibited. The swept debris and all disposable clothing and equipment shall be placed in double four-mil or single six-mil plastic bags which shall be sealed and stored with other contaminated debris in the work area and shall be properly disposed of in a lawful manner. (c) Clean-up adjacent to the work area. On a daily basis, as well as during final clean-up, the area adjacent and exterior to the work area shall be examined visually to ensure that no lead debris has escaped containment. Any such debris shall be wet swept and HEPA-vacuumed, collected and disposed of as described above. (d) Supply storage. Upon finishing work for the day, all rags, cloths and other supplies used in conjunction with chemical strippers or other flammable materials, or materials contaminated with lead dust or paint shall be stored at the end of each work day in sealed containers or removed from the premises, in a lawful manner. (B) Final clean-up. Final cleaning shall be performed as follows, in the following sequence: (a) The final cleaning process shall start no sooner than one (1) hour after lead-based paint disturbance activities have been completed, but before repainting, if necessary. (b) First, all polyethylene sheeting shall be sprayed with water mist and swept prior to removal. Polyethylene sheeting shall be removed by starting with upper-level polyethylene, such as that on windows, cabinets and counters, folding the corners, ends to the middle, and placing in double four-mil or single six-mil plastic bags. Plastic bags shall be sealed and properly disposed of in a lawful manner. (c) Second, all surfaces in the work area shall be HEPA-vacuumed. Vacuuming shall begin with ceilings and proceed down the walls to the floors and include furniture and carpets. (d) Third, all surfaces in the work area shall be washed with a detergent solution. Washing shall begin with the ceiling and proceed down the walls to the floor. Wash water shall be properly disposed of in a lawful manner. (e) Fourth, all surfaces exposed to lead dust generated by the lead-based paint disturbance process shall be HEPA-vacuumed again. Vacuuming shall begin with ceilings and proceed down the walls to the floors and include furniture and carpets. (f) Fifth, all surfaces shall be inspected to ensure that all surfaces have been cleaned and all visible dust and debris have been removed. If all visible dust and debris have not been removed, affected surfaces shall be re-cleaned. (C) Final inspection. After final clean-up, and re-painting if necessary, has been completed, a final inspection shall be made by a third party retained by the owner who is independent of the owner and the contractor. The final clearance evaluation shall include a visual inspection and lead-contaminated dust clearance testing. Three wipe samples shall be collected and tested from each room or area where work has been conducted; one wipe sample contaminated dust clearance samples shall be collected and tested from the floor in rooms or areas immediately adjacent to the work area. (D) Clearance for re-occupancy. (a) Lead-contaminated dust levels in excess of the following constitute contamination and require repetition of the clean-up and testing process in all areas where such levels are found. Areas where every lead-contaminated dust sample result is below the following levels may be cleared for re-occupancy: Floors: 10 micrograms of lead per square foot. Window Sills: 50 micrograms of lead per square foot. Window Wells: 100 micrograms of lead per square foot. (b) Only upon receipt of laboratory test results showing that the above dust lead levels are not exceeded in the dwelling may the work area be cleared for permanent re-occupancy. However, temporary access to work areas may be allowed, provided that clean-up is completed and dust test samples have been collected in compliance with this section. The owner shall provide all lead-contaminated dust clearance test results to the occupants of the dwelling or dwelling unit. (c) On and after June 1, 2021, lead contaminated dust levels in excess of the following constitute contamination and require repetition of the clean-up and testing process in all areas where such levels are found, unless the board of health adopts more stringent standards in accordance with local law: Floors: 5 micrograms of lead per square foot. Window Sills: 40 micrograms of lead per square foot. Window Wells: 100 micrograms of lead per square foot. (E) Relocation. (a) An owner must request that an occupant temporarily relocate from a unit pending completion of work where it appears that work cannot be performed safely with occupants in residence. Such owner must offer a suitable, decent, safe and similarly accessible dwelling unit that does not have lead-based paint hazards to such occupants for temporary relocation. Unreasonable refusal by such occupants to relocate pursuant to such offer shall constitute a refusal of access under Housing Maintenance Code §§ 27-2009 and 27-2056.4(b), and, where applicable, 9 NYCRR § 2524.3(e). Relocation shall not be required provided that work can be done safely with occupants in residence, and provided further that at the end of each day of work, the work area is properly cleaned as specified in subdivision (g)(1)(ix)(A) of this section; occupants have safe access to areas adequate for sleeping; occupants have bathroom and kitchen facilities available to them; occupants have safe access to entry/egress pathways; and the work does not create other safety hazards (e.g., exposed electrical wiring or holes in the floor). (b) Where compliance with § 27-2056.8 of the Administrative Code would necessitate that an occupant of a dwelling unit where a child under age six resides temporarily relocate from the dwelling unit in accordance with the safe work practices in this section, and the occupant of such dwelling unit refuses to relocate, the owner shall be exempt from such compliance with § 27-2056.8 upon approval by the department of documentation demonstrating the owner’s good faith effort to perform the required work and to show the occupant’s refusal to relocate. Such exemption shall remain in effect until the dwelling unit is vacated by the previous occupant and turned over to a new occupant. Upon approval of such exemption, the department shall dismiss any violation of § 27-2056.8 which was the basis for the owner’s request for the exemption, or which was issued after the exemption was granted and prior to the dwelling being turned over to a new occupant. (c) An owner must submit the following documentation to apply for an exemption from compliance with § 27-2056.8: (1) a copy of the notice to the tenant explaining the scope of work required to be done, the reasons that temporary relocation is necessary, and an offer of a suitable, decent, safe and similarly accessible dwelling unit; (2) a document detailing the scope of all work required to be done in the dwelling unit to comply with the requirements of § 27-2056.8; (3) the reasons that the work cannot be done without the occupant temporarily relocating from the dwelling unit, including, but not limited to, why the owner cannot provide safe temporary access to the work area as required under clause F of subparagraph ix of paragraph I of subdivision g of 28 RCNY § 11-06; (4) the offer of a suitable, decent, safe and similarly accessible dwelling unit that the owner conveyed to the occupant for temporary relocation; and (5) a document, signed by the occupant, refusing to temporarily relocate from the unit so that the work described in the scope of work can be performed, or, if the tenant has refused to relocate and has refused to sign such document, an affidavit from the owner regarding such occupant’s refusal, including the date and time of the owner’s good faith effort to contact the occupant. (F) Temporary access to the work area when occupants not relocated. When occupants are not relocated, temporary access may be allowed to areas in which work is in progress after work has ceased for the day, provided that at the end of each work day: (a) Any work area to be accessed is properly cleaned as specified in the daily clean-up requirements of subdivision (g)(1)(ix)(B)(b) through (d) and (f); (b) There are no safety hazards (including, but not limited to, exposed electric wiring or holes in the floor) or covered vents; (c) Floor coverings containing leaded dust and debris and hazardous materials are removed; (d) Floors in the work area are re-covered with a non-skid floor covering securely taped to the floor; (e) Work areas are prepared in accordance with the requirements above when work recommences; and (f) At the end of each workday, and before access is permitted, a checklist indicating compliance with these conditions is completed and signed by the person responsible for overseeing the work. No person shall make a false, untrue or misleading statement or forge the signature of another person on any document or record required to be prepared pursuant to these rules. (g) Temporary access in accordance with these provisions may be allowed for no longer than five days. If work has not resumed within five days, temporary access may continue only if the person responsible for overseeing the work has repeated the actions required by clauses (a) through (f) of this subparagraph (F). Nothing herein shall extend the time for compliance with any violation issued pursuant to Article 14 of the Housing Maintenance Code. (2) Work performed in accordance with § 27-2056.11(a)(2)(i) of Article 14 of the Housing Maintenance Code that disturbs lead-based paint. (i) Postings. A warning sign shall be posted in accordance with subdivision (g)(1)(i)(B) of this section and caution tape shall be placed across the entrance to the work area. (ii) Pre-cleaning and protecting moveable items. All floors, moveable furniture, draperies, carpets, or other objects in the work area shall be HEPA-vacuumed or washed; all moveable items shall then be moved out of the work area or otherwise covered with polyethylene plastic or equivalent sheeting. All plastic or equivalent sheeting used during the performance of the work shall be of sufficient thickness and durability to prevent tearing during the performance of the work. Such sheeting shall be of sufficient length and width to prevent dust and other debris generated by the work from spreading to areas unprotected by such sheeting. Such sheeting must be adequately secured to prevent movement of the sheeting during the performance of the work. (iii) Covering floors. The floor of the work area shall be covered with polyethylene plastic or equivalent sheeting. All plastic or equivalent sheeting used during the performance of the work shall be of sufficient thickness and durability to prevent tearing during the performance of the work. Such sheeting shall be of sufficient length and width to prevent dust and other debris generated by the work from spreading to areas unprotected by such sheeting. Such sheeting must be adequately secured to prevent movement of the sheeting during the performance of the work. Multiple layers of polyethylene sheeting shall be used as needed to prevent dust from contaminating the floor. (iv) Sealing openings. Where applicable, forced air systems in the work area shall be turned off and any openings in the work area shall be sealed with polyethylene or equivalent sheeting to prevent the penetration or dispersal of lead contaminants or lead-contaminated material. (v) Instructing occupants. Occupants shall be instructed by the owner and contractor to avoid entering the work area until final clean up has been completed. (vi) Hazardous materials. All paints, thinners, solvents, chemical strippers or other flammable materials shall be delivered to the building and maintained during the course of the work in their original containers bearing the manufacturer's labels, and all material safety data sheets, as may be required by law, shall be on-site and shall be made available upon request to the occupants of the dwelling unit. (vii) Clean-up and lead-contaminated dust clearance testing shall be conducted in accordance with subdivision (g)(1)(ix) of this section. (viii) Relocation and temporary access to work areas when occupants are not relocated, where provided, shall be performed in accordance with (g)(1)(ix)(E) and (F) of this section. (3) Work performed in a vacant dwelling unit on turnover in accordance with § 27-2056.8 of Article 14 of the Housing Maintenance Code. (i) Preparation. The procedures described in subdivision (g)(2)(i) - (iv) of this section must be followed, unless the work is being performed during occupancy where a child under age six resides. (ii) Clean-up. At the completion of work, the work area must be thoroughly wet-mopped or HEPA-vacuumed and a visual examination must be conducted in the work area and the area adjacent and exterior to the work area. Any noted lead-contaminated dust or debris must be wet-mopped or HPEA-vacuumed. All rags, cloths and other supplies used in conjunction with chemical strippers or other flammable materials, or materials contaminated with lead dust or paint must be stored at the end of each work day in sealed containers or removed from the premises, in a lawful manner. (iii) Lead-contaminated dust clearance testing. Lead-contaminated dust clearance testing must be conducted in accordance with subdivision (g)(1)(ix)(C) - (D) of this section. (Amended City Record 11/8/2019, eff. 12/8/2019; amended City Record 2/14/2025, eff. 3/16/2025)