2013 New York Consolidated Laws
PBH - Public Health
Article 13 - NUISANCES AND SANITATION
Title 10 - (1370 - 1376-A) CONTROL OF LEAD POISONING
1370-A - Lead poisoning prevention program.

 
    §  1370-a.  Lead poisoning prevention program. 1. The department shall
  establish a lead poisoning prevention program.  This  program  shall  be
  responsible for establishing and coordinating activities to prevent lead
  poisoning and to minimize risk of exposure to lead. The department shall
  exercise  any  and  all  authority  which  may  be  deemed necessary and
  appropriate to effectuate the provisions of this title.
    2. The department shall:
    (a) promulgate and enforce  regulations  for  screening  children  and
  pregnant  women, including requirements for blood lead testing, for lead
  poisoning, and for follow up of children and  pregnant  women  who  have
  elevated blood lead levels;
    (b)  enter  into  interagency  agreements to coordinate lead poisoning
  prevention, exposure reduction, identification and treatment  activities
  and  lead  reduction  activities  with  other  federal,  state and local
  agencies and programs;
    (c) establish a statewide registry of lead levels of children provided
  such information is maintained as confidential except for (i) disclosure
  for medical  treatment  purposes;  (ii)  disclosure  of  non-identifying
  epidemiological  data;  and  (iii)  disclosure  of information from such
  registry to the statewide immunization information system established by
  section twenty-one hundred sixty-eight of this chapter; and
    (d) develop and implement  public  education  and  community  outreach
  programs on lead exposure, detection and risk reduction.
    3. The department shall identify and designate areas in the state with
  significant  concentrations  of  children identified with elevated blood
  lead levels as communities of concern for  purposes  of  implementing  a
  childhood  lead  poisoning  primary  prevention program, and may, within
  amounts appropriated, provide grants to implement approved programs. The
  commissioner of health of a county or  part-county  health  district,  a
  county  health  director or a public health director and, in the city of
  New York, the commissioner of the New York city department of health and
  mental hygiene, shall develop and implement a childhood  lead  poisoning
  primary  prevention  program  to  prevent  exposure  to lead-based paint
  hazards for the  communities  of  concern  in  their  jurisdiction.  The
  department  shall  provide  funding  to  the New York city department of
  health and mental hygiene or county health departments to implement  the
  approved  work  plan  for  a childhood lead poisoning primary prevention
  program. The work plan  and  budget,  which  shall  be  subject  to  the
  approval  of  the  department, shall include, but not be limited to: (a)
  identification and designation of an area or areas of high  risk  within
  communities  of  concern; (b) a housing inspection program that includes
  prioritization and inspection of areas of high risk  for  lead  hazards,
  correction  of  identified  lead  hazards using effective lead-safe work
  practices  and,  appropriate  oversight   of   remediation   work;   (c)
  partnerships  with other county or municipal agencies or community-based
  organizations  to  build  community  awareness  of  the  childhood  lead
  poisoning   primary   prevention   program  and  activities,  coordinate
  referrals for services, and support remediation of housing that contains
  lead hazards; (d) a mechanism to provide education and referral for lead
  testing for children and pregnant women to families who are  encountered
  in  the  course  of  conducting primary prevention inspections and other
  outreach activities; and (e) a mechanism and outreach efforts to provide
  housing inspections for lead hazards upon request. The  commissioner  of
  health  of  a  county  or  part-county  health district, a county health
  director or a public health director and, in the city of New  York,  the
  commissioner  of  the  New  York  city  department  of health and mental
  hygiene, shall also enter  into  an  agreement  or  subcontract  with  a
  municipal  government  regarding  inspection  of the paint conditions in

  dwellings built prior to nineteen hundred  seventy-eight  for  the  area
  defined  as  the  community  of  concern  and  may, when qualified staff
  exists, designate the local housing maintenance code enforcement  agency
  in  which the community of concern is located as an agency authorized to
  administer the provisions of this title pursuant to subdivision  one  of
  section  thirteen hundred seventy-five of this title. A portion of grant
  funding received to support the local primary  prevention  plan  may  be
  used  to  reduce barriers to lead testing of children and pregnant women
  within the communities  of  concern,  including  the  purchase  of  lead
  testing  devices  and  supplies  when  the  need  for  such resources is
  identified within the community. The commissioner, the  commissioner  of
  health  of  a  county  or  part-county  health district, a county health
  director or a public health director and, in the city of New  York,  the
  commissioner  of  the  New  York  city  department  of health and mental
  hygiene, is authorized to enter into agreements, contracts, subcontracts
  or memoranda of understanding with,  and  provide  technical  and  other
  resources  to,  local  health  officials, local building code officials,
  real property owners, and  community  organizations  in  such  areas  to
  create  and  implement  policies, education and other forms of community
  outreach to address lead exposure, detection and risk reduction. Primary
  prevention plans shall target children less than six years of age living
  in the highest risk housing in the communities  of  concern  identified.
  The   plans   shall   also   take  into  consideration  the  extent  the
  weatherization assistance program and other such programs can be used in
  conjunction  with  lead-based  paint  hazard  risk  reduction.   Funding
  provided  for this program shall be used for the activities described in
  this section and shall not be used for other activities required by this
  title.