2006 New York Code - Work Practices.

 
    § 27-2056.11 Work Practices. a. The department shall promulgate rules,
  with  the  approval  of  the  department  of  health and mental hygiene,
  establishing work practices to which an owner shall be subject  in  each
  of the following circumstances:
    (1) where an owner is performing work in order to comply with a notice
  of  violation  or  order to correct issued by the department pursuant to
  this article, which shall be no less stringent than the safety standards
  required by the commissioner of health and mental hygiene whenever  such
  commissioner  shall  order  the  abatement  of  lead-based paint hazards
  pursuant to section 173.13 of the health code or a successor rule.  Such
  rules  shall  provide  for temporary relocation provided by the owner of
  the occupants of a dwelling or dwelling unit to appropriate housing when
  work cannot be performed safely. Such rules shall provide that all  such
  work  be  performed  only  by firms which have received certification to
  perform lead abatement under the regulations issued by the United States
  environmental protection agency at subpart L of part 745 of title 40  of
  the code of federal regulations, or any successor regulations.
    (2)  where  an owner, other than in response to an order to correct or
  notice of violation issued by the department or the department of health
  and mental hygiene, is performing  work  that  will  disturb  lead-based
  paint  or paint of unknown lead content in a dwelling unit where a child
  of applicable age resides or in the common area of the multiple dwelling
  in which such dwelling unit is located, where such multiple dwelling was
  erected prior to January first, nineteen hundred  sixty,  or  where  the
  owner  has actual knowledge of the presence of lead-based paint and such
  multiple dwelling was  erected  on  or  after  January  first,  nineteen
  hundred sixty and before January first, nineteen hundred seventy-eight.
    (i)  Except  as  provided in subparagraph (ii) of this paragraph, such
  rules shall incorporate work practices that are no  less  protective  of
  public  health  than  those set forth in subdivisions d and e of section
  173.14 of the health code and those  parts  of  subdivision  b  of  such
  section  applicable  thereto  or  a  successor rule, and shall include a
  requirement that lead-contaminated dust clearance testing  be  performed
  at  the completion of such work. Such rules shall require that such work
  be performed by a person who has, at a minimum, successfully completed a
  course on lead-safe  work  practices  given  by  or  on  behalf  of  the
  department  or,  by the United States environmental protection agency or
  an entity authorized by it to give such course, or by the United  States
  department  of  housing and urban development or an entity authorized by
  it to give such course. Such rules shall  require  temporary  relocation
  provided by the owner of the occupants of a dwelling or dwelling unit to
  appropriate housing when work cannot be performed safely.
    (ii) Where such work will disturb more than one hundred square feet of
  lead-based  paint  or  paint  of  unknown  lead  content  in a room in a
  multiple dwelling, or will involve the removal of two  or  more  windows
  with lead-based paint or paint of unknown lead content, such rules shall
  incorporate  work practices that are no less protective of public health
  than those set forth in subdivisions d and e of section  173.14  of  the
  health  code and those parts of subdivision b of such section applicable
  thereto, or a successor rule,  and  shall  include  a  requirement  that
  lead-contaminated  dust clearance testing be performed at the completion
  of such  work.  Such  rules  shall  also  require  temporary  relocation
  provided by the owner of the occupants of a dwelling or dwelling unit to
  appropriate  housing  when  work  cannot be performed safely. Such rules
  shall require, in addition, that all such  work  be  performed  only  by
  firms  which have received certification to perform lead abatement under
  the regulations issued by the  United  States  environmental  protection
  agency  at  subpart  L  of  part  745 of title 40 of the code of federal


  regulations  for  the  abatement  of  lead  hazards,  or  any  successor
  regulations.  Such  rules shall also provide that not less than ten days
  prior to the commencement of such work the owner of the premises, or the
  firm,  shall  file  with  the  department of health and mental hygiene a
  notice of commencement so that  the  department  of  health  and  mental
  hygiene may, at its discretion, perform sample audits of such notices to
  determine  that  the  firms  performing the work are properly certified.
  Such notice shall be signed by the owner or by a representative  of  the
  firm,  and  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:
    (a)  The address of the multiple dwelling and the specific location of
  the work within the multiple dwelling.
    (b) The name, address  and  telephone  number  of  the  owner  of  the
  multiple dwelling in which the work is to be performed.
    (c)  The  name, address and telephone number of the firm which will be
  responsible for performing the work.
    (d) The date and time of commencement of the work,  working  or  shift
  hours, and the expected date of completion; and
    (e)  Identification  of the surfaces and structures, and surface area,
  subject to the work.
    The rules shall also provide  that  any  changes  in  the  information
  contained in the notice shall be filed with the department of health and
  mental  hygiene  prior  to  commencement of work, or if work has already
  commenced, within twenty-four hours  of  any  change.  The  rules  shall
  provide that a copy of the notice of commencement shall be posted at the
  work site.
    (iii) The provisions of this paragraph shall not apply where such work
  disturbs surfaces of less than (a) two square feet of peeling lead-based
  paint  per  room or (b) ten 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.
    (3) where  an  owner  is  performing  work  on  turnover  pursuant  to
  27-2056.8  of this article. Such rules shall include, but not be limited
  to, requiring lead-contaminated dust clearance tests at  the  completion
  of such work.
    b.  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 the
  work, and has successfully completed a course approved  or  administered
  by  the  department of health and mental hygiene or by the United States
  environmental protection agency  or  the  United  States  department  of
  housing  and  urban  development  and  obtained  a  certificate or other
  document issued by or acceptable to the department of health and  mental
  hygiene.
    c.  The  department, with the approval of the department of health and
  mental   hygiene,   shall   promulgate   rules   requiring   that    all
  lead-contaminated  dust  clearance  tests  submitted to a laboratory for
  analysis include a sworn certification that such test was  performed  in
  compliance  with  all applicable rules and regulations and shall include
  any additional  information  that  the  department  shall  determine  is
  necessary for the administration and enforcement of this section.
    d.  Where  an  owner  is  performing work pursuant to paragraph (1) of
  subdivision a of this section, all lead-contaminated dust clearance test
  results shall be filed with the department, and a copy shall be provided
  by the owner to the occupant of the dwelling unit.  Where  an  owner  is
  performing  work  pursuant to paragraphs (2) and (3) of subdivision a of
  this section, a  copy  of  all  lead-contaminated  dust  clearance  test


  results  shall  be provided to the occupant of the dwelling unit. Copies
  of  lead-contaminated  dust  clearance  test  results  provided  to  the
  occupant  of the dwelling unit pursuant to this subparagraph shall be in
  a  form  satisfactory  to  or prescribed by the department of health and
  mental hygiene that provides a sufficiently  clear  explanation  of  the
  meaning of such results.