§ 173.14 Safety Standards for Lead-Based Paint Abatement and Remediation, and Work That Disturbs Lead-Based Paint.
RCNY § 173.14
(a)Purpose, scope and applicability. This section establishes work practices and safety standards for (1) abatement and other reduction of lead-based hazards: (2) other work that disturbs surfaces covered with lead-based paint, or paint of unknown lead content; and (3) the minimum qualifications of persons who conduct such activities, in premises where children younger than six years of age reside, receive child care services, or attend prekindergarten or kindergarten classes. This section is intended to reduce the exposure of such children to the lead-based paint hazards associated with such work.
(b)Definitions. When used in this Article, or in 24 RCNY Health Code § 43.23 or 24 RCNY Health Code § 47.63, the following terms shall have the following meanings: Abatement. shall mean any set of measures designed to permanently eliminate lead-based paint or lead-based paint hazards. Abatement includes: (i) the removal of such hazards, the permanent enclosure of encapsulation of such paint, and the replacement of components or fixtures painted with such paint; and (ii) all preparation, cleanup, disposal and post-abatement clearance testing associated with such measures. Abatement shall not include renovation, remodeling, landscaping or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Furthermore, abatement shall not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently, reduce lead-based paint hazards. Administrative Code. "Administrative Code" shall mean the Administrative Code of the City of New York. C.F.R. "C.F.R." shall mean this Code of Federal Regulations. Chewable surface. "Chewable surface" shall mean a protruding interior window sill (i) in a dwelling unit in a multiple dwelling where a child under six years of age resides, which is readily accessible to such child, or (ii) such surface in a day care service, or kindergarten in an elementary school, that is readily accessible to a child under six years of age. "Chewable surface" shall also mean any other type of interior edge or protrusion in a dwelling unit in a multiple dwelling, day care service or kindergarten, such as a rail or stair, (i) where there is evidence that such other edge or protrusion has been chewed and where an occupant of the dwelling unit has notified the owner that a child under six years of age resides in that multiple dwelling, or (ii) where the operator of a day care service or kindergarten has observed that a child under six years of age has mouthed or chewed such edge or protrusion. Child of applicable age. When used in Article 13 of Subchapter 2 of Chapter 2 of Title 27 of the Administrative Code, the term "child of applicable age" shall mean a child who is less than six years of age. Common area. "Common area" shall mean a portion of a multiple dwelling that is not within a dwelling unit and is regularly used by occupants for access to and egress from any dwelling unit within such multiple dwelling. Contractor. "Contractor" shall mean any person or firm engaged to perform work that disturbs lead-based paint pursuant to this section. Deteriorated subsurface. "Deteriorated subsurface" shall mean an unstable or unsound painted subsurface, an indication of which can be observed through a visual inspection, including, but not limited to, rotted or decayed wood, or wood or plaster that has been subject to moisture or disturbance. Disturb. "Disturb" shall mean any action taken, which breaks down, alters or changes lead-based paint. Lead-based paint disturbances shall include, but not be limited to wet sanding or scraping or routine painting and maintenance activities. Dwelling. "Dwelling" shall mean any building or structure or portion thereof, which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. For the purpose of investigations and orders issued by the Commissioner pursuant to 24 RCNY Health Code § 173.13, dwelling shall include exteriors, yards or other areas of the building. Dwelling unit. "Dwelling unit" shall mean any residential accommodation in multiple dwelling or private dwelling. Encapsulation. "Encapsulation" shall mean the application of a covering or coating that acts as a barrier between the lead-based paint and the environment and that relies for its durability on adhesion between the encapsulant and the painted surface, and on the integrity of the existing bonds between paint layers and between the paint and the substrate. Encapsulation may be used as a method of abatement if it is designed and performed so as to be permanent. Only encapsulants approved by the New York State Department of Health, or by another federal or state agency or jurisdiction which the Department or HPD has designated as acceptable may be used for performing encapsulation. Enclosure. "Enclosure" shall mean the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment. EPA. "EPA" shall mean the U.S. Environmental Protection Agency or successor agency. Firm. "Firm" shall mean a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities to which EPA has issued a certificate of approval pursuant to 40 C.F.R. § 745.226(f) or successor regulation. Friction surface. "Friction surface" shall mean any painted surface that touches or is in contact with another surface, such that the two surfaces are capable of relative motion and abrade, scrape, or bind when in relative motion. Friction surfaces shall include, but not be limited to, window frames and jambs, doors, and hinges. HEPA vacuum. "HEPA vacuum" shall mean a vacuum cleaner device equipped with a high efficiency particulate air filter capable of filtering out monodispersive particles of 0.3 microns or greater in diameter from a body of air at 99.97 percent efficiency or greater. HPD. "HPD" shall mean the Department of Housing Preservation and Development of the City of New York. HUD. "HUD" shall mean the U.S. Department of Housing and Urban Development. Impact surface. "Impact surface" shall mean any interior painted surface that shows evidence, such as marking, denting, or chipping, that it is subject to damage by repeated sudden force, such as certain parts of door frames, moldings, or baseboards. Lead-based paint. "Lead-based paint" for the purpose of this Code, shall mean paint or other similar surface coating material containing lead in a concentration of 0.5 milligrams per square centimeter (mg/cm 2 ) or greater as determined by laboratory analysis, or by an x-ray fluorescence (XRF) analyzer. If an XRF analyzer is used, readings shall be corrected for substrate bias when necessary as specified by the Performance Characteristic Sheets (PCS) published by the United States Environmental Protection Agency (EPA) for the specific XRF instrument used. XRF readings shall be classified as positive, negative or inconclusive in accordance with the United States Department of Housing and Urban Development (HUD) "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing" ( July 2012) or any successor guidelines issued by HUD, and the PCS published by the EPA and HUD for the specific XRF instrument used. XRF results which fall within the inconclusive zone, as determined by the PCS, shall be classified as positive unless laboratory analysis of paint chips show them to be negative. Reports of laboratory results shall be reported in mg/cm 2 and the measure of such laboratory analysis shall be definitive. If laboratory analysis is used to determine lead content, results shall be reported in mg/cm 2 . Where the surface area of a paint chip sample cannot be accurately measured or if an accurately measured paint chip sample cannot be removed, laboratory analysis may be reported in percent by weight. In such case, lead-based paint shall mean any paint or other similar surface coating material containing more than 0.25% of metallic lead, based on the non-volatile content of the paint or other similar surface-coating material. In the absence of a PCS for a specific XRF instrument or a particular function of such instrument, substrate correction, classification of XRF readings, and determinations of inconclusive readings shall be performed in accordance with the manufacturer's instructions for the specific XRF instrument used. Lead-based paint hazard. "Lead-based paint hazard" shall mean any condition in a dwelling or dwelling unit that causes exposure to lead from lead-contaminated dust, from lead-based paint that is peeling, or from lead-based paint that is present on chewable surfaces, deteriorated subsurfaces, friction surfaces, or impact surfaces that would result in adverse human health effects. Lead-contaminated clearance dust test. "Lead-contaminated clearance dust test" shall mean a test for lead-contaminated dust on floors, window wells, and window sills in a dwelling, that is made in accordance with this Code or § 27-2056.11 of the Administrative Code. Owner. "Owner" shall mean the owner, operator, managing agent or other person in control of the premises, dwelling, or dwelling unit subject to this section. Peeling. "Peeling" shall mean that the paint or other surface-coating material is curling, cracking, scaling, flaking, blistering, chipping, chalking or loose in any manner, such that a space or pocket of air is behind a portion thereof or such that the paint is not completely adhered to the underlying surface. Permanent. "Permanent" shall mean an expected design life of at least 20 years. Remediation. "Remediation" shall mean the reduction or elimination of a lead-based paint hazard through the wet scraping and repainting, removal, encapsulation, enclosure, or replacement of lead-based paint, or other method approved by the Department. Removal. "Removal" shall mean a method of abatement that completely eliminates lead-based paint from surfaces. Replacement. "Replacement" shall mean a strategy or method of abatement that entails the removal of building components that have surfaces coated with lead-based paint and the installation of new components free of lead-based or unsafe lead paint. Stabilization. "Stabilization" shall mean repairing any physical defect in the substrate of a painted surface that is causing paint deterioration, removing loose paint and other material from the surface to be treated and applying a new protective coating or paint. Substrate. "Substrate" shall mean the material directly beneath the painted surface out of which the components are constructed, including wood, drywall, plaster, concrete, brick or metal. Supplemental address. "Supplemental address" shall mean any location where a child with a blood lead level equal to or in excess of three and a half (3.5) micrograms per deciliter spends five (5) or more hours per week. Turnover. "Turnover" shall mean the occupancy of a dwelling unit subsequent to the termination of a tenancy and the vacatur by a prior tenant of such dwelling. Underlying defect. "Underlying defect" shall mean a physical condition in a dwelling or dwelling unit that is causing or has caused paint to peel or a painted surface to deteriorate or fail, such as a structural or plumbing failure that allows water to intrude into a dwelling or dwelling unit. Wet sanding or wet scraping. "Wet sanding" or "wet scraping" shall mean a process of removing loose paint in which the painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips and airborne dust. Work. "Work" shall mean any activity that disturbs paint in accordance with Article 14 of Subchapter 2 of Title 27 of the Administrative Code or as otherwise ordered by the Department to remediate lead-based paint hazards. Work area. "Work area" shall mean that part of a building where lead-based paint or paint of unknown lead content is being disturbed.
(c)Administrative requirements.
(1)Filing procedures. (A) Time for filing. No less than twenty-four and no more than ninety-six hours prior to the commencement of work ordered by the Commissioner and 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 the Administrative Code, an owner shall file with the Department 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 commence 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. (B) Content of notice. Such notice shall be in a form satisfactory to or prescribed by the Department and shall set forth at a minimum the following information: (i) The address of the building and the specific location of the lead-based paint work within the building.
(ii)The name, address and telephone number of the owner of the premises in which the lead based paint work is to be performed.
(iii)The name, address, telephone number and EPA certification number of the firm that will be responsible for performing the work.
(iv)The date and time of commencement of the work, working or shift hours, and the expected date of completion.
(v)A complete description and identification of the surfaces and structures, and surface areas, subject to the work.
(vi)Any changes in the information contained in the notice required by this section, shall be filed with the Department prior to commencement of work, or if work has already commenced, within twenty-four hours of any change.
(2)Training and certification. (A) Abatement. All work conducted as part of an abatement as defined in this section shall be performed by firms and workers certified to perform lead-based paint activities in accordance with regulations issued by EPA at subpart L of 40 C.F.R. Part 745, or successor rule, for the abatement of lead-based paint hazards. (B) Other than abatement work.
(i)Other work to remediate lead-based paint hazards that is ordered by the Department or HPD, or work that disturbs large amounts of lead-based paint. All work ordered by the Department, or by the HPD in accordance with § 27-2056.11(a)(1) of the Administrative Code, or work that disturbs over 100 square feet per room conducted in accordance with § 17-911 of the Administrative Code, or 24 RCNY Health Code § 43.23 or 24 RCNY Health Code § 47.63, or § 27-2056.11(a)(2)(ii) of the Administrative Code, shall be performed by firms and trained workers meeting the following requirements: (aa) Firm requirements. Firms conducting such work shall be certified to perform lead abatement by the EPA in accordance with subpart L of 40 C.F.R. Part 745, or successor rule, for the abatement of lead hazards.
(bb)Worker requirements. Workers conducting such work shall be trained, at a minimum, in accordance with the regulations issued by HUD at 24 C.F.R. § 35.1330(a)(4), or successor rule.
(cc)Clearance dust testing requirements. No person shall perform a lead-contaminated dust clearance test in relation to such work unless such person is a third-party, who is independent of the owner and any individual or firm that performs the work. All personnel performing lead-contaminated clearance dust testing upon completion of work shall be trained, at a minimum, in accordance with regulations issued by HUD at 24 C.F.R. § 35.1340(b)(1), or successor rule.
(3)Recordkeeping. (A) Records to be kept. An owner shall keep a record of the following information for all lead-based paint remediation work subject to the provisions of this Code or Title 27 of the Administrative Code: (i) The name, address, and telephone number of the person or entity who performed the work; the start date and completion date for the work.
(d)Work methods and occupant relocation.
(4)Relocation. An owner shall request that an occupant temporarily relocate from a unit pending completion of work where it appears that work cannot be performed safely with occupants in residence. The owner shall offer a suitable, decent, safe and similarly accessible dwelling unit that does not have lead-based paint hazards to such occupants for temporary relocation. Unreasonable refusal by such occupants to relocate pursuant to such offer shall constitute a refusal of access pursuant to §§ 27-2009 and 27-2056.4(b) of the Administrative Code and, where applicable, 9 NYCRR § 2524.3(e). Relocation shall not be required provided that the work can be done safely with occupants in residence, and provided further that at the end of each day of work, the work area is properly cleaned as specified in 24 RCNY Health Code § 173.14(e)(1)(I)(i); occupants have safe access to areas adequate for sleeping, use of bathroom and kitchen facilities and safe access to entry-/egress pathways; and the work does not create other safety hazards, as specified herein.
(e)Occupant protection.
(dd)Supply storage. Upon finishing work for the day, all rags, cloths and other supplies used in conjunction with chemical strippers or other flammable materials, or materials contaminated with lead dust or paint shall be stored at the end of each work day in sealed containers or removed from the premises, in a lawful manner.
(ee)Fourth, all surfaces exposed to lead dust generated by the lead-based paint disturbance process shall be HEPA vacuumed again. Vacuuming shall begin with ceilings and proceed down the walls to the floors and include furniture and carpets.
(ff)Fifth, all surfaces shall be inspected to ensure that all surfaces have been cleaned and all visible dust and debris have been removed. If all visible dust and debris have not been removed, affected surfaces shall be re-cleaned.
(vii)Temporary access in accordance with these provisions may be allowed for no longer than five days. If work has not resumed within five days, temporary access may continue only if the person responsible for overseeing the work has repeated the work required by clauses (i)-(vi). Nothing herein shall extend the time for compliance with any order issued pursuant to this Code or for correction of any violation of the Administrative Code.
(f)Investigation of unsafe lead work practices by the Department.
(g)Declaration pursuant to Administrative Code § 17-145. The existence of a lead-based paint condition or a lead-based paint hazard pursuant to 24 RCNY Health Code § 173.13, or a failure to comply with this section is hereby declared to constitute a public nuisance and a condition dangerous to life and health, pursuant to § 17-145 of the Administrative Code. Every person obligated to comply with the provisions of this section or 24 RCNY Health Code § 173.13 is hereby ordered to abate or remediate such nuisance by complying with any order or direction issued by the Department.
(h)Modification by Department. When the Department determines that the strict application of any provision of this section or 24 RCNY Health Code § 173.13 presents practical difficulties, the Commissioner or their designee may, in a specific instance, modify the application of such provision consistent with the general purpose of these sections and upon such condition(s) the Department deems necessary to protect life and health. Failure to comply with the terms of a modification may render such modification null and void and result in enforcement by the Department. The denial of a request for modification by the Commissioner shall be deemed a final agency determination. (Amended City Record 6/19/2019, eff. 7/19/2019; amended City Record 9/28/2021, eff. 10/28/2021; amended City Record 11/4/2022, eff. 12/4/2022; amended City Record 6/13/2025, eff. 7/13/2025)
