NYCAC

Subchapter 1 - Definitions¶

Section 17-900¶

Section 17-900

  §  17-900  Definitions.  For the purpose of this chapter the following
terms shall have the following meanings:
  1. "Chewable surface" shall mean a protruding interior window sill  in
a  day care facility that is readily accessible to a child of applicable
age. "Chewable surface" shall also mean any other type of interior  edge
or  protrusion  in  a  day care facility, such as a rail or stair, where
there is evidence that such other edge or protrusion has been chewed  or
where  the  operator of such day care facility has observed that a child
under six years of age has mouthed or chewed such edge or protrusion.
  2. "Day care facility" shall mean any facility  used  to  provide  day
care service.
  3. "Day care service" shall mean any service which, during all or part
of  the  day,  regularly  gives care to seven or more children under six
years of age, not all of common parentage, which operates more than five
hours per week for more than one month a year. Day  care  service  shall
not  mean  a  kindergarten or higher grade in a facility operated by the
board of education.
  4. "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.
  5. "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  motion.
Friction  surfaces  shall  include, but not be limited to, window frames
and jambs, doors, and hinges.
  6. "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.
  7.  "Lead-based   paint"   shall   mean   paint   or   other   similar
surface-coating  material  containing  1.0 milligrams of lead per square
centimeter or greater, as determined by laboratory analysis,  or  by  an
x-ray  fluorescence analyzer. If an x-ray fluorescence analyzer is used,
readings shall  be  corrected  for  substrate  bias  when  necessary  as
specified  by  the  performance  characteristic  sheets  released by the
United States environmental protection  agency  and  the  United  States
department  of  housing  and  urban  development  for the specific x-ray
fluorescence  analyzer  used.  X-ray  fluorescence  readings  shall   be
classified  as positive, negative or inconclusive in accordance with the
United States department of housing and  urban  development  "Guidelines
for  the  Evaluation and Control of Lead-Based Paint Hazards in Housing"
(June 1995, revised 1997) and the PCS  released  by  the  United  States
environmental  protection  agency  and  the  United States department of
housing and  urban  development  for  the  specific  x-ray  fluorescence
analyzer   used.  X-ray  fluorescence  readings  that  fall  within  the
inconclusive zone,  as  determined  by  the  performance  characteristic
sheets,  shall  be  confirmed  by  laboratory  analysis  of paint chips,
results shall be reported in milligrams of lead  per  square  centimeter
and  the  measure  of  such  laboratory analysis shall be definitive. If
laboratory analysis is used to determine lead content, results shall  be
reported  in milligrams of lead per square centimeter. 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 0.5% of metallic lead, based  on  the  non-volatile
content of the paint or other similar surface-coating material.

  8.  "Lead-based  paint  hazard"  shall  mean any condition 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.
  9.  "Lead-contaminated  dust" shall mean dust containing lead at 40 or
more micrograms per square foot on a floor, 250 or more  micrograms  per
square  foot on window sills, and 400 or more micrograms per square foot
on window wells, or such more stringent standards as may be  adopted  by
the New York City board of health.
  10.  "Operator  of  such  day care facility" shall mean any person who
provides day care service and the owner of the premises where  such  day
care   facility   is   located.   "Person"  shall  mean  an  individual,
corporation,   partnership,   association   or   other   for-profit   or
not-for-profit entity.
  11.  "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.
  12.   "Remediation"   or  "Remediate"  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 commissioner of health  and
mental hygiene.