§ 45.12. Lead Based Paint Restricted: Kindergartens.

(a) This section shall apply to a kindergarten conducted as part of an elementary school by the Board of Education.

(b) There shall be no peeling lead based paint on any surface in a kindergarten. Peeling lead based paint or peeling paint of unknown lead content shall be immediately abated with such covering, materials and by such methods as may be authorized by Section 173.14 of this Code or as otherwise directed by the Department.

(c) Effective January 1, 1997, interior window sills and window wells accessible to children, window friction surfaces, and other surfaces in kindergartens as may be determined by the Department, containing or covered with lead based paint or paint of unknown lead content shall be abated with such covering, materials and by such methods as may be authorized by Section 173.14 of this Code or as otherwise directed by the Department. Children shall not be present and shall not have access to any room undergoing abatement until completion of final clean-up. Abatement and clean-up shall be conducted in a manner consistent with Section 173.14 of this Code and as may further be directed by the Department.

(d) For purposes of this section "window well" shall mean the horizontal structure of the window frame that receives the window sash or the trough in which the lower part of the window fits or rests. The terms "peeling," "lead based paint," "abatement," and "friction surface" shall have the meanings as set forth in Section 173.14 of this Code.

(e) Painted equipment must have lead-free paint.