§ 11-07.1 Challenges to Violations Based on Certain X-Ray Fluorescence Readings.
RCNY § 11-07.1
(a)(1) A violation issued pursuant to § 27-2056.6 or § 27-2056.6.1 of the Administrative Code of the city of New York based on a positive XRF reading for lead-based paint in accordance with the PCS and where the XRF test was taken on a surface with a metal or ceramic substrate may only be challenged by the registered owner, registered officer or director of a corporate owner or by a registered managing agent of such multiple dwelling by submitting to the department not later than the date set for correction in the notice of violation: (i) a sworn written statement by the person who performed the paint chip sampling stating the date, time and location at which the sampling was conducted and stating that such testing was performed in accordance with 40 CFR § 745.227(a) and (b), or successor provisions, and the United States Department of Housing and Urban Development (“HUD”) Guidelines for the Evaluation and Control of Lead-Based Paint in Housing, and that such person is not an agent of the owner of such multiple dwelling or of any contractor hired by such owner to perform work related to the remediation of lead-based paint hazards of such multiple dwelling; (ii) a copy of such person’s certificate of training as a certified lead-based paint inspector or risk assessor, in accordance with subparts L and Q of 40 CFR part 745 or successor provisions; (iii) a copy of the inspection report provided by such person who performed the paint chip sampling which shall include a description of the surfaces in each room where such paint chip sampling was performed; and (iv) a copy of the results of such laboratory tests of paint chip samples performed by an independent laboratory certified by the state of New York where such paint chip sampling has been performed.
(2)Where laboratory sampling is performed to challenge a violation, as permitted in this section, the performance of such testing or sampling shall be in accordance with the applicable definition for lead-based paint established in 28 RCNY § 11-01(t) and § 27-2056.2(7) of Article 14 of the Housing Maintenance Code. Laboratory tests of paint chip samples, where performed, shall be reported in mg/cm 2 , unless the surface area of a paint chip sample cannot be accurately measured, or if an accurately measured paint chip sample cannot be removed, in which circumstance the laboratory test may be reported in percent by weight as provided in such applicable lead-based paint definition. (Added City Record 11/6/2025, eff. 2/2/2026; amended City Record 12/29/2025, eff. 12/29/2025)
