(As amended August 2, 2004)

§ 173.13. Lead Paint.


    (a)


    (1) Lead-based paint prohibited. No person shall possess, sell, hold for sale or give away paint or other similar surface-coating material which is intended or packaged in a form suitable for use in or around the household or otherwise for consumer use within the meaning of 15 U.S.C. Section 2057 et seq. and 16 Code of Federal Regulations (C.F.R.) Part 1303 or its successor regulations, containing more than 0.06 percent of metallic lead, based upon the total non-volatile content of the paint or other similar surface-coating material.


     (2) Notice that dry sanding and scraping are prohibited. Any place where paint and paint removal products are sold, or where sanding equipment is sold or rented for use in the City of New York, shall prominently post, or otherwise distribute to purchasers and renters of paint removal and sanding equipment, a notice, in a form provided or approved by the Department, warning that dry sanding and scraping is prohibited as a method of removal of lead-based paint or paint of unknown lead content in any dwelling, day care center or school, and is a public nuisance pursuant to § 17-181 of the Administrative Code of the City of New York.


     (3) Enforcement by Department of Consumer Affairs. The provisions of paragraph (2) of this subdivision may be enforced by agents and employees of the Department and the Department of Consumer Affairs, or successor agency. Any violation of paragraph (2) issued by the Department of Consumer Affairs may be adjudicated at any tribunal authorized to hear such agency’s violations.


    (b) No person shall manufacture, sell, hold for sale, give away or leave toys, children's furniture or any other articles or things intended for use by children which have a paint or other similar surface-coating material containing more than 0.06 percent of metallic lead based on the total non- volatile content of the paint or other similar surface-coating material.


    (c) No person shall use a paint or other similar surface-coating material containing more than 0.06 percent of metallic lead, based on the total non- volatile content of the paint or other similar surface-coating material on the interior or exterior surfaces of a dwelling. As used in this section, dwelling means any building or structure or portion thereof, including the property occupied by and appurtenant to such dwelling, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. This subsection shall also apply to places where children reside, or are boarded, or where they receive regular care and/or education, such as day care services, schools and children's institutions.


    (d) Orders for abatement or remediation


    (1) Generally. When the Department finds that there is lead-based paint, or dust with a lead content in excess of the clearance levels specified in § 173.14(e) of this Code, on the interior of any dwelling, or concentrations of lead in the paint on the exterior of a dwelling, that may be creating a danger to health, it may in such cases as it deems essential, order the abatement or remediation of any such condition in a manner and under such safety conditions as it may specify. The Department may also order the removal or covering of soil appurtenant to any dwelling when it determines that there are concentrations of lead in such soil which exceed allowable limits of the U.S. Environmental Protection Agency found in 40 C.F.R. Part 745, or successor regulations, and further determines that such concentrations may be dangerous to health.


    (2) In a dwelling where a child with an elevated blood lead level resides. When the Department finds that there is a child under 18 years of age with a blood lead level of fifteen (15) micrograms per deciliter or higher residing in any dwelling and further finds that the interior of such dwelling has lead-based paint that is (a) peeling, (b) on a friction, impact or chewable surface or (c) on any surface of a dwelling that, in the Department's determination, is a lead-based paint hazard because of its condition, location or accessibility to children, the Department shall order the abatement of any such condition in a manner and under such safety conditions as it may specify.


   (3) Objections to Department orders. An owner or other person to whom an order issued pursuant to this subdivision is directed shall notify the Department that he or she objects to such order no later than three (3) days after service of the order. In deciding whether objections to an order issued pursuant to § 173.13(d)(2) have merit, the Department may rely on the results of its lead-based paint sampling, provided such results are obtaining in accordance with the methodology identified within the definition of “lead-based paint” in § 173.14(b) of this Code and the Department has a reasonable belief that such reliance will be more protective of the health of a child with an elevated blood lead level


   (4) Failure to comply with Department orders. In the event that the Department determines that the owner or other person having the duty or liability to comply with an order issued pursuant to this subdivision fails to substantially comply therewith within five (5) days after service thereof, the Department shall in accordance with § 27-2056.14 of the Administrative Code, shall request the Department of Housing Preservation and Development to execute such order pursuant to the provision of § 17-147 of the Administrative Code.


    (5) Definitions. Except as otherwise provided, all terms used in this section shall have the same meanings as the terms defined in § 173.14 of this Code.