|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
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.
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.