§ 45.12 Lead-Based Paint Restricted: Kindergartens.
RCNY § 45.12
(a)This section shall apply to a kindergarten conducted as part of an elementary school by the Department of Education.
(b)Peeling lead-based paint prohibited.
(i)There shall be no peeling lead-based paint or peeling paint of unknown lead content on any surface in a kindergarten.
(ii)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.
(iii)Children shall not be present and shall not 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.
(iv)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)Painted equipment must have lead-free paint.
(d)Annual survey. Each year the Department of Education shall conduct a survey of the condition of surfaces in kindergarten classrooms, where the surfaces of such classrooms or other areas used by children under six years of age are covered with lead-based paint or paint of unknown lead content. Survey results shall be recorded on a form provided by or satisfactory to the Department, and copies of survey results shall be provided to the Department upon request.
(e)Definitions. All terms used in this section shall have the same meanings as the terms defined in 24 RCNY Health Code § 173.14.
