2006 New York Code - Presumption.

 
    § 17-910 Presumption. a. All paint or similar surface-coating material
  on the interior of any day care facility in a structure erected prior to
  January 1, 1978, shall be presumed to be lead-based paint.
    b.  The presumption established by this section may be rebutted by the
  operator or owner  of  the  day  care  facility  by  submitting  to  the
  department a sworn written statement by the operator or owner of the day
  care facility supported by lead-based paint testing or sampling results,
  a  sworn  written  statement  by the person who performed the testing if
  performed by an employee or agent of the operator or owner  of  the  day
  care  facility,  and  such  other  proof  as the department may require.
  Testing performed to rebut the presumption may only be  performed  by  a
  person  who  has  been  certified  as  an  inspector or risk assessor in
  accordance with subparts L and Q of part 745 of title 40 of the code  of
  federal  regulations  or  successor regulations. The determination as to
  whether such proof is adequate to rebut the presumption  established  by
  this section shall be made by the department.