Lead Paint Law Effective In August

Local law 1 of 2004 is NYC's stringent law to protect young children from the hazards of lead based paint. It was enacted by the City Council on February 4, 2004 over the Mayor's veto. It applies to all residential buildings constructed prior to 1960, & it operates on the presumption that any such building will contain lead based paint. This presumption can be rebutted by having the building ( or a specific areas in the building) closely inspected in a prescribed manner & declared lead free. buildings erected after 1960 where lead based paint is known to be present must also comply with local law 1.

Safe Work Practices

Owners are required to maintain their buildings in working order, using trained workers & prescribed lead safe work practices for any repairs or renovations where more than 2 Sq. Ft. of painted surface will be disturbed in a unit where a small child lives or in common areas. When more than 100 Sq Ft. of painted surface will be affected or two or more windows are to be replaced, the owner must file with the department of Health 10 days prior to commencement of work ( unless an emergency exist) & must use a firm certified by EPA to perform the work. At the end of any work that disturbs paint presumed to contain lead, dust wipe test must be performed by a trained independent 3rd party & read by a laboratory.

Send Annual Notices

Every Yr. in January. (or with rent notices for Jan. payment) building owners must send lead paint notices to all apartments to ascertain whether children under the age of 7 live there. If the notice is not promptly returned, the owner must make further efforts to collect it & gain access to inspect the apartment to determine, whether a small child lives there. In March, a report must be filed with the Department of Health of any apartments that have not responded, documenting efforts to recover the notice & to inspect the apartment.

Inspect Units With Children

Upon learning that a small child lives in an apartment, the owner must inspect all painted surfaces & chewable surfaces in that apartment for chipped or peeling paint or bubbling subsurface. Records must be kept of attempts to collect notices & of all inspections & remedial work performed as a result. The owner must retain these records for 10 yrs, available for inspection must be quickly remedied using safe work practices & the dust wipe test at completion.

Protecting Children

Other provisions in this law apply to schools, to daycare centers & to the health of small children. When the Department of Health learns of a child with elevated blood levels, the Department is authorized to inspect the child's home to determine whether it is the source of lead contamination.




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