Section 67-5.7 - Notice and demand and remediation of hazards
Effective Date
67-5.7 Notice and demand and remediation of hazards. In communities of concern:
(a) Whenever the department or its designated representative determines or is notified by a third-party inspector that any lead-based paint hazards or visual lead soil hazards exist at a registered dwelling, a written notice and demand (or equivalent notification) for discontinuance of the lead-based paint hazards and visual lead soil hazards will be issued in accordance with section 1373(2) of the Public Health Law.
(b) Following issuance of a notice and demand (or equivalent notification) by the department or its designated representative for discontinuance of lead-based paint hazards and visual lead soil hazards, the owner of the dwelling is required to remediate such conditions. The proposed remediation method(s) shall be reviewed and approved by the department or its designated representative in advance.
(c) The property owner shall follow lead-safe work practices including, at a minimum, the following:
(1) Lead hazard remediation is to be conducted in accordance with the notice and demand (or equivalent notification) and any associated workplans and must follow lead-safe work practices. This shall include pre-remediation actions as follows:
(i) furniture, rugs, carpets, bedding, drapes, dishware, and food shall either be removed or covered with plastic sheets with a minimum thickness of six mils and sealed; and,
(ii) room openings must be sealed with plastic sheets with a minimum thickness of six mils; and,
(iii) floors or in-place carpet must be covered with two sheets of plastic with a minimum thickness of six mils, secured to the wall or baseboard with duct tape; and,
(iv) clean-up shall be performed daily and consist of misting debris with water and carefully sweeping and placing it in double four-mils or six-mils plastic bags, followed by wet dusting or wet mopping of all surfaces in the work area. Final clean-up shall be performed a minimum of two hours after completion of active abatement and shall include, but not be limited to, high efficiency particulate air (HEPA) filtered vacuuming of all interior surfaces, including windowsills, followed by wet mopping of all surfaces with a heavy-duty household cleaning solution, followed by a second HEPA filtered vacuuming. In some instances, the department or its designated representative may determine that an alternative wet vacuum system may be used in place of the HEPA filter.
(2) It shall be the responsibility of the owner of the dwelling to comply with all Federal, State, and local laws governing building construction, housing, worker health and safety and disposal of lead-containing wastes, and ensure that any person or firm performing work on the dwelling possess certifications and/or training necessary to meet all Federal, State, and local laws, rules, and regulations. The owner of the dwelling must provide upon request to the department or its designated representative, such documentation as shall show that the owner has fully complied with these laws.
(3) For recurring lead-based paint hazard(s), a certified Lead Risk Assessor shall be consulted in development of a workplan, and abatement of friction surfaces shall be prioritized. Any vacancy of the rental unit before remediation has been completed shall not relieve the owner of that dwelling from the obligation to comply with the notice and demand (or equivalent notification).
(d) Remediation activities may include, as deemed appropriate by the department or its designated representative, one or more of the following activities:
(1) Abatement. Abatement of lead-based paint hazards may include:
(i) Replacement of lead-containing components with lead-free materials.
(ii) Removal of lead-containing surface coating materials by one of more of the following methods after which a lead-free surface coating material shall be applied to the surface:
(a) wet wire brushing or hand scraping with or without the aid of a non-flammable solvent or wet abrasive compound;
(b) machine sanding, using a sander equipped with a HEPA filter device, to feather edges and prepare surfaces for repainting or sealing;
(c) when used with appropriate respiratory protection, a heat gun, which produces a temperature not exceeding 1,100 degrees Fahrenheit, with hand scraping;
(d) off-site paint removal;
(e) for exterior surfaces, confined abrasive blasting using a wet-misting technique or simultaneous vacuuming system. In addition, plastic sheets, with a minimum thickness of six mils, must be placed on the ground as close to the dwelling foundation as obstructions will allow, extend a minimum of six feet from the building for each story in height before blasting begins, and be left in place until cleanup is complete. All seams must be sealed with tape and outer edges raised to trap liquid waste.
(f) other procedures acceptable to the department or its designated representative.
(2) Encapsulation.
(i) Encapsulation of lead-based painted surfaces shall occur only after repair of water leaks caused by structural or plumbing deficiencies and the removal of chipping and peeling paint.
(ii) Surfaces must be coated with materials approved as an encapsulant of lead-based paint by the EPA, the United States Department of Housing and Urban Development, the American Society for Testing and Materials, or at the discretion of the commissioner.
(iii) Encapsulation requires application of materials in accordance with manufacturer’s instructions.
(iv) Due to its recognized propensity to degrade, the department does not regard encapsulation as a form of permanent abatement warranting exemption of a unit from the inspection requirements of the registry.
(3) Paint film stabilization. Paint film stabilization must be conducted using safe removal of loose paint fragments and chips followed by application of a smooth surface coating to deter further paint deterioration.
(4) Enclosure.
(i) Enclosure of lead-containing surfaces with durable materials shall occur only after repair of water leaks caused by structural or plumbing deficiencies and the removal of chipping and peeling paint. Lead containing surfaces are rendered inaccessible with installation of durable barrier materials.
(ii) Due to the possibility of enclosure materials being easily removed or disturbed, the department does not regard enclosure as a form of permanent abatement warranting exemption of a rental unit from the inspection requirements of the registry.
(5) Other remediation methods acceptable to the department or its designated representative.