Section 17-910
§ 17-910 Presumption. a. All paint or similar surface-coating material
on the interior of any day care facility in a structure erected prior to
January 1, 1978, shall be presumed to be lead-based paint.
b. The presumption established by this section may be rebutted by the
operator or owner of the day care facility by submitting to the
department a sworn written statement by the operator or owner of the day
care facility supported by lead-based paint testing or sampling results,
a sworn written statement by the person who performed the testing if
performed by an employee or agent of the operator or owner of the day
care facility, and such other proof as the department may require.
Testing performed to rebut the presumption may only be performed by a
person who has been certified as an inspector or risk assessor in
accordance with subparts L and Q of part 745 of title 40 of the code of
federal regulations or successor regulations. The determination as to
whether such proof is adequate to rebut the presumption established by
this section shall be made by the department.
Section 17-911
§ 17-911 Remediation. a. There shall be no peeling lead-based paint in
any portion of any day care facility.
b. Lead based paint or paint of unknown lead content that is peeling,
or which is present on chewable surfaces, deteriorated subsurfaces,
friction surfaces, or impact surfaces shall be immediately remediated in
a manner authorized by the department.
c. Any equipment that is painted shall be painted with lead-free
paint.
d. Whenever a condition prohibited by this section is found to exist,
the department shall immediately serve an order on the operator or owner
of such day care facility to remediate the condition. In the event such
order is not complied with within forty-five days of service thereof,
the department shall immediately request an agency of the city of New
York to execute such order pursuant to the provisions of section 17-147
of this code. The agency shall execute the order within forty-five days
of the department's request. The city of New York shall be entitled to
enforce its rights for reimbursement of expenses incurred thereby,
including as credits toward lease payments.
e. When lead-based paint hazards are remediated pursuant to this
section such work shall be performed in compliance with work practices
established by the department pursuant to section 17-912 of this
subchapter.
Section 17-912
§ 17-912 Department rules. The department shall promulgate such rules
as may be necessary for the implementation of this chapter. Such rules
shall incorporate work practices that are no less protective of public
health than those set forth in section 173.14 (d) and (e) and those
parts of subdivision b of the health code applicable thereto or a
successor rule, and shall include a requirement that lead-contaminated
dust clearance testing be performed at the completion of such work. Such
rules shall require that such work be performed by a person who has, at
a minimum, successfully completed a course on lead-safe work practices
given by or on behalf of the department or, by the United States
environmental protection agency or an entity authorized by it to give
such course, or by the United States department of housing and urban
development or an entity authorized by it to give such course. Such
rules shall not apply where such work disturbs surfaces of less than (a)
two square feet of peeling lead-based paint per room or (b) ten percent
of the total surface area of peeling paint on a type of component with a
small surface area, such as a window sill or door frame.
Section 17-913
§ 17-913 Annual Survey. The operator of a day care facility shall
conduct a survey of such facility annually, and more often if necessary,
to determine the physical condition of surface-coating material
throughout each such facility and shall provide a copy of the survey
results to the department.