Section 67-2.6 - Notice and demand
Effective Date
67-2.6 Notice and demand. Whenever the commissioner or their designated representative determines that a condition conducive to lead poisoning exists in a dwelling, a written notice and demand for discontinuance of such condition shall be issued in accordance with of section 1373(1) of the Public Health Law and the owner of the dwelling shall comply with all requirements outlined in the notice and demand.
(a) No person shall commence lead-based paint remediation or abatement in response to an elevated blood lead level investigation or primary prevention inspection, also known as the Childhood Lead Poisoning Primary Prevention Program (CLPPP+) inspection, in any designated area of high risk prior to issuance of a written notice and demand. Implementation of interim controls may proceed prior to receipt of a notice and demand.
(b) Upon receipt of a notice and demand for discontinuance of conditions conducive to lead poisoning, the owner of a dwelling is required to remediate such conditions. Remediation must occur in accordance with the terms of the notice and demand and the approved workplan.
(c) 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. The owner of the dwelling must provide, upon request, to the Commissioner or his designated representative, such documentation as shall show that the owner has fully complied with these laws.
(d) Any vacancy or change in occupancy of the dwelling before remediation has been completed shall not relieve the owner of that dwelling from the obligation to fully comply with the notice and demand. Any vacant dwelling with an outstanding notice and demand, where remediation has not been completed, shall not be reoccupied until remediation is complete and the commissioner or their designated representative has finalized clearance procedures based on verified documentation that the dwelling is free from conditions conducive to lead poisoning.