§ 47.44. Lead based paint restricted.

(a) 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 § 173.14 of this Code.

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

(c) Effective May 1, 1997, no day care service permit shall be issued or renewed, and no day care service for which no permit is required shall operate, unless all interior window sills and window wells accessible to children, and window friction surfaces, and such other surfaces in such day care service as may be determined by the Department, containing or covered with lead based paint or paint of unknown lead content shall have been abated with such covering, materials and by such methods as may be authorized by § 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 § 173.14 of this Code and as may further be directed by the Department.

(d) No day care service which would receive its first permit or which, if no permit is required, would commence operation after May 1, 1997 shall be issued a permit or commence operation where there is lead-based paint, as defined in § 173.14, on any interior surface in such day care service.

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