§ 173.14 Safety Standards for Lead-Based Paint Abatement and Remediation, and Work That Disturbs Lead-Based Paint.
(a) Purpose, scope and applicability. This section establishes work practices and safety standards for (1) abatement and other reduction of lead-based hazards: (2) other work that disturbs surfaces covered with lead-based paint, or paint of unknown lead content; and (3) the minimum qualifications of persons who conduct such activities, in premises where children younger than six years of age reside, receive child care services, or attend prekindergarten or kindergarten classes. This section is intended to reduce the exposure of such children to the lead-based paint hazards associated with such work.
(b) Definitions. When used in this Article, or in 24 RCNY Health Code § 43.23 or 24 RCNY Health Code § 47.63, the following terms shall have the following meanings:
Abatement. shall mean any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards. Abatement includes: (i) the removal of such hazards, the permanent enclosure of encapsulation of such paint, and the replacement of components or fixtures painted with such paint; and (ii) all preparation, cleanup, disposal and post-abatement clearance testing associated with such measures. Abatement shall not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement shall not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards.
Administrative Code. "Administrative Code" shall mean the Administrative Code of the City of New York.
C.F.R. "C.F.R." shall mean this Code of Federal Regulations.
Chewable surface. "Chewable surface" shall mean a protruding interior window sill
(i) in a dwelling unit in a multiple dwelling where a child under six years of age resides, which is readily accessible to such child, or
(ii) such surface in a day care service, or kindergarten in an elementary school, that is readily accessible to a child under six years of age.
"Chewable surface" shall also mean any other type of interior edge or protrusion in a dwelling unit in a multiple dwelling, day care service or kindergarten, such as a rail or stair,
(i) where there is evidence that such other edge or protrusion has been chewed and where an occupant of the dwelling unit has notified the owner that a child under six years of age resides in that multiple dwelling, or
(ii) where the operator of a day care service or kindergarten has observed that a child under six years of age has mouthed or chewed such edge or protrusion.
Child of applicable age. When used in Article 13 of Subchapter 2 of Chapter 2 of Title 27 of the Administrative Code, the term "child of applicable age" shall mean a child who is less than six years of age.
Common area. "Common area" shall mean a portion of a multiple dwelling that is not within a dwelling unit and is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling.
Contractor. "Contractor" shall mean any person or firm engaged to perform work that disturbs lead-based paint pursuant to this section.
Deteriorated subsurface. "Deteriorated subsurface" shall mean an unstable or unsound painted subsurface, an indication of which can be observed through a visual inspection, including, but not limited to, rotted or decayed wood, or wood or plaster that has been subject to moisture or disturbance.
Disturb. "Disturb" shall mean any action taken, which breaks down, alters or changes lead-based paint. Lead-based paint disturbances shall include, but not be limited to wet sanding or scraping or routine painting and maintenance activities.
Dwelling. "Dwelling" shall mean any building or structure or portion thereof, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. For the purpose of investigations and orders issued by the Commissioner pursuant to 24 RCNY Health Code § 173.13, dwelling shall include exteriors, yards or other areas of the building.
Dwelling unit. "Dwelling unit" shall mean any residential accommodation in multiple dwelling or private dwelling.
Encapsulation. "Encapsulation" shall mean the application of a covering or coating that acts as a barrier between the lead-based paint and the environment and that relies for its durability on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers and between the paint and the substrate. Encapsulation may be used as a method of abatement if it is designed and performed so as to be permanent. Only encapsulants approved by the New York State Department of Health, or by another federal or state agency or jurisdiction which the Department or HPD has designated as acceptable may be used for performing encapsulation.
Enclosure. "Enclosure" shall mean the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
EPA. "EPA" shall mean the U.S. Environmental Protection Agency or successor agency.
Firm. "Firm" shall mean a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which EPA has issued a certificate of approval pursuant to 40 C.F.R. § 745.226(f) or successor regulation.
Friction surface. "Friction surface" shall mean any painted surface that touches or is in contact with another surface, such that the two surfaces are capable of relative motion and abrade, scrape, or bind when in relative motion. Friction surfaces shall include, but not be limited to, window frames and jambs, doors, and hinges.
HEPA vacuum. "HEPA vacuum" shall mean a vacuum cleaner device equipped with a high efficiency particulate air filter capable of filtering out monodispersive particles of 0.3 microns or greater in diameter from a body of air at 99.97 percent efficiency or greater.
HPD. "HPD" shall mean the Department of Housing Preservation and Development of the City of New York.
HUD. "HUD" shall mean the U.S. Department of Housing and Urban Development.
Impact surface. "Impact surface" shall mean any interior painted surface that shows evidence, such as marking, denting, or chipping, that it is subject to damage by repeated sudden force, such as certain parts of door frames, moldings, or baseboards.
Lead-based paint. "Lead-based paint" for the purpose of this Code, shall mean paint or other similar surface coating material containing lead in a concentration of 0.5 milligrams per square centimeter (mg/cm2) or greater as determined by laboratory analysis, or by an x-ray fluorescence (XRF) analyzer. If an XRF analyzer is used, readings shall be corrected for substrate bias when necessary as specified by the Performance Characteristic Sheets (PCS) published by the United States Environmental Protection Agency (EPA) for the specific XRF instrument used. XRF readings shall be classified as positive, negative or inconclusive in accordance with the United States Department of Housing and Urban Development (HUD) "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" ( July 2012) or any successor guidelines issued by HUD, and the PCS published by the EPA and HUD for the specific XRF instrument used. XRF results which fall within the inconclusive zone, as determined by the PCS, shall be classified as positive unless laboratory analysis of paint chips show them to be negative. Reports of laboratory results shall be reported in mg/cm2 and the measure of such laboratory analysis shall be definitive. If laboratory analysis is used to determine lead content, results shall be reported in mg/cm2. Where the surface area of a paint chip sample cannot be accurately measured or if an accurately measured paint chip sample cannot be removed, laboratory analysis may be reported in percent by weight. In such case, lead-based paint shall mean any paint or other similar surface coating material containing more than 0.25% of metallic lead, based on the non-volatile content of the paint or other similar surface-coating material. In the absence of a PCS for a specific XRF instrument or a particular function of such instrument, substrate correction, classification of XRF readings, and determinations of inconclusive readings shall be performed in accordance with the manufacturer's instructions for the specific XRF instrument used.
Lead-based paint hazard. "Lead-based paint hazard" shall mean any condition in a dwelling or dwelling unit 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 clearance dust test. "Lead-contaminated clearance dust test" shall mean a test for lead-contaminated dust on floors, window wells, and window sills in a dwelling, that is made in accordance with this Code or § 27-2056.11 of the Administrative Code.
Owner. "Owner" shall mean the owner, operator, managing agent or other person in control of the premises, dwelling, or dwelling unit subject to this section.
Peeling. "Peeling" shall mean that the paint or other surface-coating material is curling, cracking, scaling, flaking, blistering, chipping, chalking or loose in any manner, such that a space or pocket of air is behind a portion thereof or such that the paint is not completely adhered to the underlying surface.
Permanent. "Permanent" shall mean an expected design life of at least 20 years.
Remediation. "Remediation" shall mean the reduction or elimination of a lead-based paint hazard through the wet scraping and repainting, removal, encapsulation, enclosure, or replacement of lead-based paint, or other method approved by the Department.
Removal. "Removal" shall mean a method of abatement that completely eliminates lead-based paint from surfaces.
Replacement. "Replacement" shall mean a strategy or method of abatement that entails the removal of building components that have surfaces coated with lead-based paint and the installation of new components free of lead-based or unsafe lead paint.
Stabilization. "Stabilization" shall mean repairing any physical defect in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated and applying a new protective coating or paint.
Substrate. "Substrate" shall mean the material directly beneath the painted surface out of which the components are constructed, including wood, drywall, plaster, concrete, brick or metal.
Supplemental address. "Supplemental address" shall mean any location where a child with a blood lead level equal to or in excess of three and a half (3.5) micrograms per deciliter spends five (5) or more hours per week.
Turnover. "Turnover" shall mean the occupancy of a dwelling unit subsequent to the termination of a tenancy and the vacatur by a prior tenant of such dwelling.
Underlying defect. "Underlying defect" shall mean a physical condition in a dwelling or dwelling unit that is causing or has caused paint to peel or a painted surface to deteriorate or fail, such as a structural or plumbing failure that allows water to intrude into a dwelling or dwelling unit.
Wet sanding or wet scraping. "Wet sanding" or "wet scraping" shall mean a process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust.
Work. "Work" shall mean any activity that disturbs paint in accordance with Article 14 of Subchapter 2 of Title 27 of the Administrative Code or as otherwise ordered by the Department to remediate lead-based paint hazards.
Work area. "Work area" shall mean that part of a building where lead-based paint or paint of unknown lead content is being disturbed.
(c) Administrative requirements.
(1) Filing procedures.
(A) Time for filing. No less than twenty-four and no more than ninety-six hours prior to the commencement of work ordered by the Commissioner and 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 the Administrative Code, an owner shall file with the Department 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 commence 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.
(B) Content of notice. Such notice shall be in a form satisfactory to or prescribed by the Department and shall set forth at a minimum the following information:
(i) The address of the building and the specific location of the lead-based paint work within the building.
(ii) The name, address and telephone number of the owner of the premises in which the lead based paint work is to be performed.
(iii) The name, address, telephone number and EPA certification number of the firm that will be responsible for performing the work.
(iv) The date and time of commencement of the work, working or shift hours, and the expected date of completion.
(v) A complete description and identification of the surfaces and structures, and surface areas, subject to the work.
(vi) Any changes in the information contained in the notice required by this section, shall be filed with the Department prior to commencement of work, or if work has already commenced, within twenty-four hours of any change.
(2) Training and certification.
(A) Abatement. All work conducted as part of an abatement as defined in this section shall be performed by firms and workers certified to perform lead-based paint activities in accordance with regulations issued by EPA at subpart L of 40 C.F.R. Part 745, or successor rule, for the abatement of lead-based paint hazards.
(B) Other than abatement work.
(i) Other work to remediate lead-based paint hazards that is ordered by the Department or HPD, or work that disturbs large amounts of lead-based paint. All work ordered by the Department, or by the HPD in accordance with § 27-2056.11(a)(1) of the Administrative Code, or work that disturbs over 100 square feet per room conducted in accordance with § 17-911 of the Administrative Code, or 24 RCNY Health Code § 43.23 or 24 RCNY Health Code § 47.63, or § 27-2056.11(a)(2)(ii) of the Administrative Code, shall be performed by firms and trained workers meeting the following requirements:
(aa) Firm requirements. Firms conducting such work shall be certified to perform lead abatement by the EPA in accordance with subpart L of 40 C.F.R. Part 745, or successor rule, for the abatement of lead hazards.
(bb) Worker requirements. Workers conducting such work shall be trained, at a minimum, in accordance with the regulations issued by HUD at 24 C.F.R. § 35.1330(a)(4), or successor rule.
(cc) Clearance dust testing requirements. No person shall perform a lead-contaminated dust clearance test in relation to such work unless such person is a third-party, who is independent of the owner and any individual or firm that performs the work. All personnel performing lead-contaminated clearance dust testing upon completion of work shall be trained, at a minimum, in accordance with regulations issued by HUD at 24 C.F.R. § 35.1340(b)(1), or successor rule.
(ii) Work not ordered by the Department or HPD that disturbs a small amount of paint in a multiple dwelling or in a child care facility or a kindergarten. Work which is not ordered by the Department and disturbs between two and 100 square feet per room, which is performed in accordance with § 17-911 or § 27-2056.11(a)(2)(i) of the Administrative Code, or 24 RCNY Health Code § 43.23 or 24 RCNY Health Code § 47.63, shall be performed by workers trained in accordance with the following requirements:
(aa) Worker requirements. Workers conducting such work shall be trained under regulations issued by HUD at 24 C.F.R. § 35.1330(a)(4), or successor rule.
(bb) Clearance dust testing requirements. No person shall perform a lead-contaminated dust clearance test in relation to such work unless such person is a third-party, who is independent of the owner and any individual or firm that performs the work. Personnel performing lead-contaminated clearance dust testing after completion of work performed in accordance with § 27-2056.11(a)(2)(i) of the Administrative Code shall be trained in accordance with regulations issued by HUD at 24 C.F.R. § 35.1340(b)(1), or successor rule.
(iii) Work not ordered by the Department or HPD, which is performed in a dwelling unit upon turnover. No person shall perform a lead-contaminated dust clearance test in relation to such work unless such person is a third-party, who is independent of the owner and any individual or firm that performs the work. Personnel performing lead-contaminated clearance dust testing after completion of work performed on turnover in accordance with § 27-2056.8 of the Administrative Code shall be trained in accordance with regulations issued by HUD at 24 C.F.R. § 35.1340(b)(1), or successor rule.
(3) Recordkeeping.
(A) Records to be kept. An owner shall keep a record of the following information for all lead-based paint remediation work subject to the provisions of this Code or Title 27 of the Administrative Code:
(i) The name, address, and telephone number of the person or entity who performed the work; the start date and completion date for the work.
(ii) A copy of all training certificates, required pursuant to subsection (c)(2) of this section, for the firms and personnel who performed work and clearance dust testing.
(iii) The location of the work performed in each room including a description of such work and invoices for payment for such work.
(iv) Results of lead-contaminated dust clearance tests analyzed by an independent laboratory certified by the state of New York.
(v) Checklists completed pursuant to 24 RCNY Health Code § 173.14(e)(1)(J) and (e)(2)(F) when occupants are allowed temporary access to a work area.
(B) Time to maintain records. Such records shall be maintained by an 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 and occupant relocation.
(1) Minimizing dust dispersion.
(A) Work to remediate or that disturbs lead-based paint shall be conducted 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.
(B) Areas 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.
(2) Prohibited methods. The following methods shall not be used while performing work that disturbs lead-based paint in accordance with this section:
(A) Open flame burning or torching.
(B) Machine sanding or grinding without HEPA local exhaust control.
(C) Abrasive blasting or sandblasting without HEPA local exhaust control.
(D) Heat guns operating above 1,100 degrees Fahrenheit or charring the paint.
(E) Dry sanding or dry scraping.
(F) 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.
(3) Work practices and surface finishing.
(A) Tools and materials. All tools and materials used when disturbing paint shall be used in accordance with the manufacturer's instructions. Wet sanding, wet scraping, removal, encapsulation, enclosure, replacement and other maintenance and repair activities shall be performed using standard construction and treatment methods.
(B) Seal surfaces. All surfaces where paint has been disturbed shall be sealed and finished with appropriate materials. Underlying 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.
(C) Repair underlying conditions. Violations or conditions that cause or may cause paint to peel and which are readily observable and identifiable as to source, including but not limited to water leaks, shall be corrected as part of any lead-based paint remediation work.
(D) Adjust painted doors and windows. All painted windows and painted doors in the work area, including cabinet doors, shall be adjusted to ensure that they are properly hung, so that no painted surfaces bind or stick in a manner that movement of such windows and doors causes abrasion or friction of the surfaces.
(E) Work area preparation completed before commencing remediation. Work intended to remediate lead-based paint hazards shall not commence until work area preparation required by this section has been completed.
(4) Relocation. An owner shall 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. The owner shall 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 pursuant to §§ 27-2009 and 27-2056.4(b) of the Administrative Code and, where applicable, 9 NYCRR § 2524.3(e). Relocation shall not be required provided that the 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 24 RCNY Health Code § 173.14(e)(1)(I)(i); occupants have safe access to areas adequate for sleeping, use of bathroom and kitchen facilities and safe access to entry-/egress pathways; and the work does not create other safety hazards, as specified herein.
(e) Occupant protection.
(1) Work ordered by the Department, or work that disturbs over 100 square feet of lead-based paint per room, regardless of whether such work is ordered by the Department, which is conducted in a child care service or kindergarten pursuant to 24 RCNY Health Code § 47.63 or 24 RCNY Health Code § 43.23 or § 17-911 of the Administrative Code, or work ordered by HPD in accordance with § 27-2056.11(a)(1) of the Administrative Code, or work performed pursuant to § 27-2056.11(a)(2)(ii) of the Administrative Code:
(A) 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:
(i) Notice of commencement of work. Information on the notice submitted to the Department pursuant to subparagraph (1) of subdivision (c) of this section shall be posted at the entrance to the dwelling and at the entrance to the dwelling unit.
(ii) Warning sign. A warning sign of at least 8 1/2" by 11" reading in letters at least one inch high, as follows: WARNING: LEAD WORK AREA – POISON – NO SMOKING OR EATING. Such information shall be posted adjacent to the work area.
(B) Pre-cleaning and protecting movable items. All floors, movable furniture, draperies, carpets, or other objects in the work area shall be HEPA-vacuumed or washed; all movable 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.
(C) 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.
(D) Affixing doorway entrance flap. After all movable 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.
(E) 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-movable furnishings, such as counters, cabinets, and radiators in the work area shall be removed or covered with such taped sheeting.
(F) Sealing openings. All openings, including windows, except those required to be open for ventilation, not sealed off or covered in accordance with 24 RCNY Health Code § 173.14(e)(1)(C) of this Code, 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.
(G) Instructing occupants. Occupants shall be instructed by the owner and contractor to avoid entering work areas in which work is ongoing until final clearance levels have been achieved.
(H) 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.
(I) Clean-up and lead-contaminated dust clearance testing procedures.
(i) 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:
(aa) 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.
(bb) 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 along with other contaminated debris in the work area and shall be properly disposed of in a lawful manner.
(cc) 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.
(dd) 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.
(ii) Final clean-up. Final cleaning shall be conducted as follows, in the following sequence:
(aa) 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.
(bb) 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.
(cc) 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.
(dd) 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.
(ee) 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.
(ff) 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.
(iii) 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 take place at least one (1) hour after the final cleaning and shall include a visual inspection and surface dust testing. Three wipe samples shall be collected and tested from each room or area where work has been conducted; one wipe sample each shall be taken from a window well, a window sill and the floor. In addition, wipe samples shall be collected and tested from the floor in rooms or areas immediately adjacent to the work area.
(iv) Clearance for permanent re-occupancy after completion of work. Dust lead 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 sample result if below the following dust lead levels may be cleared for permanent re-occupancy:
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.
Provided that, if EPA or HUD adopts lower definitions of lead-contaminated dust, those definitions shall apply for purposes of this subdivision. 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 24 RCNY Health Code § 173.14(e)(1)(I)(i),(ii) and (iii). The owner shall provide a copy of all lead-contaminated dust clearance test results to the occupants of the dwelling or dwelling unit. Copies of lead-contaminated dust wipe clearance test results shall be submitted to the Department whenever abatement or remediation of lead-based paint hazards has been ordered by the Department or Commissioner.
(J) Temporary access to work areas 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:
(i) Any work area to be accessed is to be properly cleaned as specified in the daily clean-up requirements of 24 RCNY Health Code § 173.14(e)(1)(I)(i) and the final clean-up requirements of 24 RCNY Health Code § 173.14(e)(1)(I)(ii)(bb) through (dd) and (ff);
(ii) There are no safety hazards (including, but not limited to, exposed electric wiring or holes in floor) or covered vents;
(iii) Floor coverings containing leaded dust and debris and hazardous materials are removed;
(iv) Floors in the work area are re-covered with a non-skid floor covering securely taped to the floor;
(v) Work areas are prepared in accordance with the requirements above when work recommences; and
(vi) At the end of each workday, and before access is permitted, a checklist indicating compliance with these conditions is completed and signed, in accordance with 24 RCNY Health Code § 3.19, by the person responsible for overseeing the work.
(vii) 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 work required by clauses (i)-(vi). Nothing herein shall extend the time for compliance with any order issued pursuant to this Code or for correction of any violation of the Administrative Code.
(2) Work that disturbs between two (2) and 100 square feet of lead-based paint per room that is being performed in accordance with §§ 17-911 and 27-2056.11(a)(2)(i) of the Administrative Code, or 24 RCNY Health Code § 43.23 or 24 RCNY Health Code § 47.63.
(A) Postings and warning sign. A warning sign shall be posted in accordance with subparagraph (1)(A)(ii) of subdivision (e) of this section and caution tape shall be placed across the entrance to the work area.
(B) Pre-cleaning and protecting movable items. All floors, movable furniture, draperies, carpets, or other objects in the work area shall be HEPA-vacuumed or washed; all movable 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.
(C) 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.
(D) 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.
(E) Instructing occupants. Occupants shall be instructed by the owner and contractor to avoid entering the work area until final clean-up has been completed. The owner shall provide temporary relocation of the occupants of a dwelling or a dwelling unit to appropriate housing when work cannot be performed safely.
(F) 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.
(G) Clean-up and lead-contaminated clearance dust testing. Clean-up and lead-contaminated dust clearance testing shall be conducted in accordance with 24 RCNY Health Code § 173.14(e)(1)(I).
(H) Temporary access to work areas 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:
(i) Any work area to be accessed is to be properly cleaned as specified in the daily clean-up requirements of 24 RCNY Health Code § 173.14(e)(1)(I)(i) and the final clean-up requirements of 24 RCNY Health Code § 173.14(e)(1)(I)(ii)(bb) through (dd) and (ff);
(ii) There are no safety hazards (including, but not limited to, exposed electric wiring or holes in the floor) or covered vents;
(iii) Floor coverings containing leaded dust and debris and hazardous materials are removed;
(iv) Floors in the work area are re-covered with a non-skid floor covering securely taped to the floor;
(v) Work areas are prepared in accordance with the requirements above when work recommences; and
(vi) At the end of each workday, and before access is permitted, a checklist indicating compliance with these conditions is completed and signed, in accordance with 24 RCNY Health Code § 3.19, by the person responsible for overseeing the work.
(vii) 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 work required by clauses (i)-(vi). Nothing herein shall extend the time for compliance with any order issued pursuant to this Code or for correction of any violation of the Administrative Code.
(3) Work performed to remediate lead-based paint hazards on turnover in accordance with § 27-2056.8 of the Administrative Code.
(A) Preparation and work. The procedures described in 24 RCNY Health Code § 173.14(e)(2)(A) through (D) shall be followed.
(B) Clean-up. At the completion of work, the work area shall be thoroughly wet-mopped or HEPA vacuumed and a visual examination shall be conducted in the work area and the area adjacent and exterior to the work area. Any noted lead-contaminated dust or debris shall be wet-mopped or HEPA 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 shall be stored at the end of each work day in sealed containers or removed from the premises, in a lawful manner.
(C) Clearance dust testing. Clearance testing for lead-contaminated dust shall be conducted in accordance with 24 RCNY Health Code § 173.14(e)(1)(I).
(f) Investigation of unsafe lead work practices by the Department.
(1) Authority to inspect. The Department may inspect any premises where work that is subject to this section is in progress or has been completed.
(2) Scope of authority. Such inspection may include but not be limited to premises where abatement or remediation of lead-based paint hazards is being conducted, where any work which may disturb lead-based paint or paint of unknown lead content is being conducted, or which is the subject of a complaint to the Department pursuant to § 17-185 of the Administrative Code, and any areas affected by the emission or release of leaded dust or debris.
(3) Actions authorized. If the Department determines that such work is not being conducted in accordance with the provisions of this section, or other applicable law, the Department may order that such work be stopped immediately; that the premises be cleared of uncontained leaded dust and debris; that the conditions or work practices constituting a departure from the provisions of this section be corrected; and that the owner and any persons performing such work submit a work plan prior to resuming work, to demonstrate their ability and willingness to comply with the provisions of this Code or other applicable law.
(g) Declaration pursuant to Administrative Code § 17-145. The existence of a lead-based paint condition or a lead-based paint hazard pursuant to 24 RCNY Health Code § 173.13, or a failure to comply with this section is hereby declared to constitute a public nuisance and a condition dangerous to life and health, pursuant to § 17-145 of the Administrative Code. Every person obligated to comply with the provisions of this section or 24 RCNY Health Code § 173.13 is hereby ordered to abate or remediate such nuisance by complying with any order or direction issued by the Department.
(h) Modification by Department. When the Department determines that the strict application of any provision of this section or 24 RCNY Health Code § 173.13 presents practical difficulties, the Commissioner or their designee may, in a specific instance, modify the application of such provision consistent with the general purpose of these sections and upon such condition(s) the Department deems necessary to protect life and health. Failure to comply with the terms of a modification may render such modification null and void and result in enforcement by the Department. The denial of a request for modification by the Commissioner shall be deemed a final agency determination.
(Amended City Record 6/19/2019, eff. 7/19/2019; amended City Record 9/28/2021, eff. 10/28/2021; amended City Record 11/4/2022, eff. 12/4/2022; amended City Record 6/13/2025, eff. 7/13/2025)
