Subchapter 2 - Remediation of Lead-Based Paint Hazards in Day Care Facilities

Section 17-910

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

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

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

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.