Section 67-2.7 - Environmental intervention and remediation
Effective Date
67-2.7 Environmental intervention and remediation. The commissioner or their designated representative shall require in the notice and demand, where necessary, pre-remediation and clean up actions as specified in 67-2.7(a) and (b) and any one or more of the actions listed in 67-2.7(c) through (j) of this section, and dust wipe sample requirements outlined in subdivision (k) of this section, as part of remediation of a dwelling:
(a) Pre-remediation actions: (1) furniture, rugs, carpets, bedding, drapes, dishware and food shall either be removed or covered with plastic sheets a minimum thickness of six mils and sealed; (2) room openings must be sealed with plastic sheets that have a minimum thickness of six mils and (3) floors or in place carpet must be covered with two sheets of plastic a minimum thickness of six mil thick, secured to the wall or baseboard with duct tape.
(b) 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 2 hours after completion of active remediation and shall include, but not be limited to, a HEPA filtered vacuuming of all interior surfaces, including window sills, followed by a wet mopping of all surfaces with a heavy duty household cleaning solution, followed by a second HEPA filtered vacuuming. In some instances, the commissioner or their designated representative may determine that an alternative wet vacuum system may be used in place of the HEPA filter.
(c) When necessary, relocation of occupants to temporary housing until the specified remediation work has been completed. If occupants must be relocated, it shall be the responsibility of the owner of the subject property to provide temporary housing until remediation work has been successfully completed.
(d) Placarding of the dwelling with the statement that human habitation is prohibited until the commissioner or their designated representative determines that the dwelling has been remediated.
(e) Prohibition of the presence of children and pregnant women in part or all of a dwelling during remediation activities.
(f) Encapsulation of surfaces coated with lead-based paint shall occur only after repair of structural and plumbing deficiencies including any water leaks and defective substrates and the removal of deteriorated paint in accordance with the following protocols:
(i) Lead-containing surfaces shall be coated with materials approved as an encapsulant of lead-based paint by the United States Environmental Protection Agency, the United States Department of Housing and Urban Development or the commissioner.
(ii) Encapsulation is applied in accordance with manufacturer’s instructions.
(iii) Due to its recognized propensity to degrade, encapsulation shall not be regarded as a form of permanent abatement.
(g) Enclosure of lead-containing surfaces with durable materials shall occur only after repair of structural and plumbing deficiencies, including any water leaks and defective substrates, and the removal of deteriorated paint. Lead-containing surfaces must be rendered inaccessible with installation of durable barrier materials.
(h) Replacement of all components containing lead with lead-free materials.
(i) Removal of lead-containing surface coating materials by one or more of the following methods after which a lead free surface coating material shall be applied to the surface:
(1) Wet wire brushing or hand scraping with or without the aid of a non-flammable solvent or wet abrasive compound.
(2) Machine sanding, using a sander equipped with a high efficiency particle air filter device, to feather edges and prepare surfaces for repainting or sealing.
(3) When used with appropriate respiratory protection, a heat gun, which produces a temperature not exceeding 1,100 degrees Fahrenheit, with hand scraping.
(4) Off-site paint removal.
(5) Other procedures acceptable to the Commissioner.
(j) Remediation of exterior surfaces by any of the methods described in subdivisions (a-i) of this section or by confined abrasive blasting using a wet-misting technique or simultaneous vacuuming system. In addition, plastic sheets, a minimum thickness of six mils, must be placed on the ground as close to the dwelling foundation as obstructions will allow, a minimum of six feet for each story in height before blasting begins, and left in place until cleanup is complete. All seams must be sealed with tape and outer edges raised to trap liquid waste.
(k) Dust wipe samples shall be collected after lead hazards are remediated and the dwelling is thoroughly cleaned in accordance with the requirements of subdivision (b) of this section. Dust wipe samples shall be collected from floors (excluding open porches), and where practicable, interior windowsills and/or window troughs using a procedure acceptable to the department. Dust wipe sample results must not indicate the presence of lead in a concentration which exceeds standards established by the federal Environmental Protection Agency in 40 CFR 745.65, as published in 89 FR 89416, Nov. 12, 2024.