§ 43.23 Lead-Based Paint Restricted.
RCNY § 43.23
(a)Applicability. This section applies to all rooms and areas in a school facility that are occupied by children, or to which such children have access.
(b)Peeling lead-based paint prohibited.
(1)There shall be no peeling lead-based paint or peeling paint of unknown lead content on any surface.
(2)Peeling lead-based paint or peeling paint of unknown lead content shall be immediately abated or remediated upon discovery, in accordance with 24 RCNY Health Code § 173.14.
(3)When there has been an order to abate or remediate lead-based paint hazards issued by the Department, the owner of the building in which the program is located must use only the methods specified in such order. (A) After such order has been served by the Department, the owner or person in charge of a school must post the notices required by 24 RCNY Health Code § 173.14(e)(1)(A) at or near the entrance of the facility. (B) The owner or person in charge of a school must comply with the requirements of the order within 21 days after service of the order. Where compliance with the time period requirements of this subdivision would cause undue hardship and the owner or person in charge of a school demonstrates a good faith effort to timely comply, such as by showing that it has taken steps to remediate, including by retaining a contractor to conduct the remediation, and demonstrates to the satisfaction of the Department that it is maintaining adequate controls to protect children from a lead-based paint hazard, the Department may, at its discretion, extend the time period for compliance.
(4)Children must not be in nor have access to any room or area undergoing abatement, remediation or other work which disturbs lead-based paint or paint of unknown lead content until after completion of final clean-up and clearance dust testing.
(5)The work practices of 24 RCNY Health Code § 173.14 shall not apply to repair and maintenance work which disturbs surfaces of less than two (2) square feet of peeling lead-based paint per room or ten (10) percent of the total surface area of peeling paint on a type of component with a small surface area, such as a window sill or door frame.
(c)Equipment and furnishings. Equipment and furnishings shall be painted with lead-free paint.
(d)Soil. Soil in exterior areas used by children under six years of age shall be tested for lead, shall be remediated if test results exceed clearance limits in 24 RCNY Health Code § 173.14, and shall not be used until cleared in accordance with 24 RCNY Health Code § 173.14.
(e)Annual survey. At least once each year, the owner or person in charge of a school must conduct a survey of the condition of surfaces in classrooms or other areas used by children that are covered with lead-based paint or paint of unknown lead content. Survey results must be recorded on a form provided or approved by the Department. The survey form must include, but need not be limited to, the following: the date of the survey; a description of, and the location of, each surface surveyed and remediation status, if applicable.
(f)Definitions. All terms used in this section shall have the same meanings as the terms defined in 24 RCNY Health Code § 173.14. (Amended City Record 12/26/2019, eff. 1/25/2020)
