§ 11-06 Safe Work Practices.
RCNY § 11-06
(a)Filing procedures. Not less than ten days prior to commencement of work that will disturb lead-based paint pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code, an owner shall file with the department of health and mental hygiene a notice of the commencement of the work. Such notice shall be signed by the owner or by a representative of the firm performing the work. Where work is required to be commenced in a lesser period of time than that specified herein for the filing of a notice of commencement of work, then such filing shall be made as soon as practicable but prior to the commencement of work. Such notice shall be in a form satisfactory to or prescribed by the department of health and mental hygiene and shall set forth at a minimum the following information: (1) The name, address and telephone number of the owner of the premises in which the lead-based paint work is to be performed; (2) The address of the building and the specific location of the lead-based paint work within the building; (3) The name, address and telephone number of the firm who will be responsible for performing the work; (4) The date and time of commencement of the work, working or shift hours, and the expected date of completion; (5) A complete description and identification of the surfaces and structures, and surface areas, subject to the work; and (6) Any changes in the information contained in the notice required by this section shall be filed with the department of health and mental hygiene prior to commencement of work, or if work has already commenced, within 24 hours of any such change.
(b)Licensing and training.
(1)Abatement. All work conducted as part of an abatement as defined in this chapter shall be performed by firms and personnel certified to perform lead-based paint activities in accordance with regulations issued by the United States environmental protection agency at subpart L of 40 C.F.R. Part 745 for the abatement of lead hazards, or successor rule.
(2)Work ordered by the department to correct a lead-based paint hazard violation in accordance with § 27-2056.11(a)(1) of Article 14 of the Housing Maintenance Code, or work performed pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code, shall be performed in accordance with the following requirements: (i) Firm requirements. Firms conducting such work shall be certified to perform lead abatement by the United States environmental protection agency in accordance with subpart L of 40 C.F.R. Part 745 for the abatement of lead hazards, or successor rule.
(ii)Worker requirements. Workers conducting such work shall be trained, at a minimum, in accordance with the regulations issued by the United States department of housing and urban development at 24 C.F.R. § 35.1330(a)(4), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene.
(iii)Clearance dust testing. No person shall perform a lead-contaminated dust clearance test pursuant to this section unless such person is a third party, who is independent of the owner and any individual or firm that performs such work. All personnel performing lead-contaminated dust clearance testing after completion of such work shall be trained, at a minimum, in accordance with regulations issued by the United States department of housing and urban development at 24 C.F.R. § 35.1340(b)(1), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene.
(3)Work performed in accordance with § 27-2056.11(a)(2)(i) of Article 14 of the Housing Maintenance Code, shall be performed in accordance with the following requirements: (i) Worker requirements. Workers conducting such work shall be trained under regulations issued by the United States department of housing and urban development at 24 C.F.R. § 35.1330(a)(4), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene.
(4)Work performed in a dwelling unit upon turnover in accordance with § 27-2056.8 of Article 14 of the Housing Maintenance Code. No person shall perform a lead-contaminated dust clearance test pursuant to this paragraph unless such person is a third party, who is independent of the owner and any individual or firm that performs the work upon turnover. Personnel performing lead-contaminated dust clearance testing after completion of such work shall be trained in accordance with regulations issued by the department of housing and urban development at 24 C.F.R. § 35.1340(b)(1), or successor rule, or under an equivalent program approved by the department or the department of health and mental hygiene.
(c)Recordkeeping. An owner shall keep a record of the following information for all work performed pursuant to this section: (1) The name, address, and telephone number of the person or entity who performed the work; the start date and completion date for the work; (2) A copy of all licenses and training certificates, required pursuant to subdivision (b) of this section, for the firms and personnel who performed work and lead-contaminated dust clearance testing; (3) The location of the work performed in each room including a description of such work and invoices for payment for such work; (4) Results of lead-contaminated dust clearance tests analyzed by an independent laboratory certified by the state of New York; (5) Checklists completed pursuant to (g)(1)(ix)(F)(f) when occupants are allowed temporary access to a work area; and (6) Such records shall be maintained by such owner for a period of ten years from the date of completion of such work or transferred to a subsequent owner and maintained by such subsequent owner during such time period, and made available to the department upon request.
(d)Work methods.
(e)Prohibited methods. The following methods shall not be used while performing work in accordance with these rules that disturbs lead-based paint or paint of unknown lead content: (1) Open flame burning or torching.
(5)Dry sanding or dry scraping.
(6)Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance in accordance with regulations of the United States consumer product safety commission at 16 C.F.R. § 1500.3, and/or a hazardous chemical in accordance with the United States occupational safety and health administration regulations at 29 C.F.R. §§ 1910.1200 or 1926.59, as applicable to the work.
(f)Work practices and surface finishing.
(g)Occupant protection.
(i)Postings. The following information shall be conspicuously posted no later than twenty-four hours prior to beginning work and shall remain in place until the work area has been cleared for re-occupancy: (A) Notice of commencement of work information submitted to the department of health and mental hygiene pursuant to § 27-2056.11(a)(2)(ii) of Article 14 of the Housing Maintenance Code. Such information shall be posted at the entrance to the dwelling and at the entrance to the dwelling unit. (B) A warning sign of at least 8 1/2" by 11" with letters at least one inch high, reading as follows: WARNING: LEAD WORK AREA – POISON – NO SMOKING OR EATING. Such information shall be posted adjacent to the work area.
(iv)Affixing doorway entrance flap. After all moveable objects have been removed, the work area shall be sealed off from non-work areas by taping with waterproof tape, two layers of disposable, six-mil polyethylene sheeting over every entrance or doorway to the work area, as follows: To deter the dispersal of lead dust one sheet shall be taped along all sides of the doorway and a slit shall be cut down the middle of the sheeting, leaving intact at least six inches of sheeting on the top and six inches of sheeting on the bottom of the doorway. A second sheet of polyethylene large enough to cover the doorway, shall be attached to the top of the doorway in the room or area where work is being conducted and shall act as a flap opening into the work area.
(v)Covering floors. The floor of the work area shall be covered with at least two sheets of disposable six-mil polyethylene sheeting. Such sheeting shall be taped together with waterproof tape, and taped to the bottom of the walls or baseboard, so as to form a continuous barrier to the penetration of dust to the floor. The furniture and non-moveable furnishings, such as counters, cabinets, and radiators in the work area shall be removed or covered with such taped sheeting.
(vi)Sealing openings. All openings, including windows, except those required to be open for ventilation, not sealed off or covered in accordance with subdivision (g)(1)(iii) of the section, shall be sealed with two layers of six-mil polyethylene sheeting and waterproof tape to prevent the penetration or dispersal of lead contaminants or lead-contaminated material.
(vii)Instructing occupants. Occupants shall be instructed by the owner and contractor to avoid entering the work area until final clearance levels have been achieved.
(viii)Hazardous materials. All paints, thinners, solvents, chemical strippers or other flammable materials shall be delivered to the building and maintained during the course of the work in their original containers bearing the manufacturer's labels, and all material safety data sheets, as may be required by law, shall be on-site and shall be made available upon request to the occupants of the dwelling unit.
(ix)Clean-up and lead-contaminated dust clearance testing procedures. (A) Daily clean-up. At the completion of work each day, the work area shall be thoroughly wet-mopped or HEPA-vacuumed. No polyethylene sheeting, drop cloths, or other materials that are potentially hazardous to young children or infants shall be accessible outside the work area. In addition, any work area and other adjoining area exposed to lead or lead-contaminated materials shall be cleaned as follows: (a) Large debris. Large demolition-type debris (e.g., door, windows, trim) shall be wrapped in six-mil polyethylene, sealed with waterproof tape, and moved to the area designated for trash storage on the property to be properly disposed of in a lawful manner.
