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. last updated 5-15-06

 

 Lead Education > Local Law 1 of 2004

 

 

 

IV. HPD RESPONSIBILITIES

 

a. Inspection

Complains from tenants:

1. Must ask if there is a child under the age of 7.

2. Must inspect within 10 days of lead hazard complaint.

When doing inspection, HPD:

a) Must ask tenant for acknowledgement of child under the age of 7.

b) Must perform room-by-room inspection.

c) Must record for each room whether surfaces are intact.

d) Where peeling paint is found must record condition of underlying surface.

e) Must record any underlying defect..

f) Must send Notice of Violation within 10 days.

g) Must Leave lead pamphlet.

Complaint Driven Inspection:

* Must XRF test conditions simultaneously with inspection.

Line of Sight Inspections:

* Must XRF test within 10 days of noting peeling paint.

 

b. Timeframes

a.     Owner has 21 days to correct.

b.    Owner may seek 2 postponements if pending capital work.

c.     May grant longer postponement if pending capital work.

d.    Certifications must be submitted within 5 days of correction date.

e.    HPD must re-inspect all violations within 14 days.

f.      ERP must correct within 45 days where owner fails to do work.

 

c. Enforcement

I. HPD may not remove any violations from its records unless it has conducted a final inspection verifying remediation, and has copies of relevant dust test.

II. HPD must mail a copy of the final inspection report and status to the occupant and owner.

 

V. DOHMH

 

a. Commissioner’s Order To Abate

a)    If DOHMH issues a COTA – Commissioner’s Order to Abate for a lead poisoned child in a multiple dwelling within 15 days, HPD must notify the owner to submit to HPD all records of notification & investigation within 45 days.

b)    If records show there may be lead hazards in other units with children under age 7, HPD will inspect all such units within 10 days.

c)    If the owner does not provide the records, HPD must attempt to inspect child occupied units in 45 days to determine if there are any lead violations.

d)    The actions required of HPD are not applicable if HPD has inspected the building within the 12 months preceding the issuance of the COTA.

b. Day Care Facilities

a)    Peeling lead paint is prohibited.

b)    Lead hazards must be remediated.

c)    Equipment must have lead free paint.

d)    If non-complying condition is found, DOHMH must serve the operator with an order to remediate.

e)    If the order is not complied within 45 days, DOHMH must request an “Agency of the City” to execute the order.

f)     That agency must execute the order in 45 days.

g)    Lead hazards must be remediated in compliance with DOHMH safe work practices.

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Following information was prepared by HPD Lead Education Program

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