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Lead Paint Compliance – Orders 616, 617, and 618

Presumed and Confirmed Lead Violations, Record Production Orders, and Turnover Rules under Local Law 1

There are three types of HPD lead paint violations:

  1. Order 616: Presumed Lead Violation
    • Inspector notes potential lead hazard but can't confirm without XRF
  2. Order 617: Lead Paint Violation
    • Inspector confirms lead paint hazard with XRF in a unit with a child under six
  3. Order 618: Record Production Order Violation
    • Violation occurs when an owner fails to provide records of compliance with Local Law 1 of 2004

 

Turnover Requirements under Local Law 1 of 2004

  • Owners of buildings built are required to complete lead-based paint activities when a dwelling unit changes tenants (turnover)
  • Work must also be performed at turnover in units built between 1960-1978 if the owner has knowledge of lead-based paint.

 

Safe Work Practices

  • Turnover work must be done by EPA-certified contractors using safe work practices

 

The Work Falls Under: Abatement and the Correction of Lead-Based Paint Hazards

1) HPD Abatement Requirements

  • Abatement involves removing lead from surface or fixture, replacing fixture, or permanently enclosing lead-based paint.
  • Teeth marks on a chewable surface require lead paint abatement

2) Correction of Lead-Based Paint Hazards

  • Non-permanent methods like wet scraping peeling paint or smoothing/cleaning painted surfaces.

 

Dust Clearance Testing

  • If any abatement or correction of lead-based paint hazards is done, then a lead-contaminated dust clearance testing must be performed by a third-party company
  1. Friction Surfaces on Doors/Frames:
    • Remove lead-based paint.
    • Abatement on first turnover after August 2, 2004.
  2. Friction Surfaces on Windows:
    • Remove lead paint or replace window channels/sliders.
    • Abatement on first turnover after August 2, 2004.
  3. Bare Floors, Window Sills, Wells:
    • Make smooth and cleanable.
    • Correction of Lead-based Paint Hazard; Renovation, Repair, and Painting, may need Abatement for permanent removal/covering.
    • An owner or their agent can conduct the turnover visual inspection for lead hazards
  4. Chewable Surfaces with Teeth Marks:
    • Remove lead paint or encapsulate.
    • Abatement on every turnover if no Lead-Free exemption.
    • On every turnover in a unit without a Lead-Free exemption (0.5mg/cm2).
  5. Lead Hazard Remediation:
    • Wet scrape and paint if underlying defects exist.
    • Correction of Lead-based Paint Hazard; RRP, may need Abatement for permanent removal.
    • On every turnover in a unit without a Lead-Free exemption (0.5mg/cm²)

 

Penalties

  • Class "C" Violation:
    • If the testing is not completed in time, property owners can face a Class "C" immediately hazardous violation.
  • Civil Penalties:
    • The violation can result in civil penalties of up to $1,500.