Appendix A
Draft Lead Ordinance
General Ordinance No. 2020
ORDINANCE AMENDING THE REVISED
GENERAL ORDINANCES OF THE CITY OF
SYRACUSE, TO ADD A NEW CHAPTER 54
ENTITLED LEAD ABATEMENT AND CONTROL
BE IT ORDAINED, the Revised General Ordinances of the City of Syracuse, as amended,
is hereby amended to create a new Chapter 54 as follows:Article 1 Policy and Intent.It is the policy of the City of Syracuse to help prevent the poisoning of its residents by
requiring that the presence of deteriorated lead-based paint on the interior and exterior of pre-1978
residential structures and on the exterior of pre-1978 nonresidential structures be identified and be
correctly addressed by reducing and controlling lead-based paint hazards which may be present, in
order to prevent human exposure to such hazards.Section 54-1 Legislative findings.A. Lead poisoning poses a serious public health threat to children and adults in the City
of Syracuse.
B. Younger children are particularly susceptible to the hazards of lead-based paint
since their bodies are still developing. Fetuses are also vulnerable to the effects of
lead-based paint because pregnant women can transfer lead to their fetuses, which
can result in adverse developmental effects.
C. A small amount of lead can cause elevated blood lead levels resulting in serious and
irreversible developmental damage, particularly in children under the age of six
years.
D. Exposure to lead hazards from deteriorated lead-based paint is a primary cause of
elevated blood lead levels in humans.
E. Structures built before 1978 are the most likely to contain lead-based paint hazards.
F. Residential properties are more likely than are nonresidential properties to be a
source of exposure to lead-based paint hazards by children.
G. Children living in older, poorly maintained homes are disproportionately at risk for
lead-based paint hazards.
H. The exposure to lead-based paint hazards in the City of Syracuse is most common,
and presents the most serious risk, to young children residing in rental housing built
before 1978.
I. It is essential to the overall public health of persons in the City of Syracuse, and
particularly for children younger than six years of age, that they be protected from
exposure to lead-based paint hazards.
Section 54-2 Definitions.As used in this chapter, the following terms shall have the meanings indicated:
ABATEMENT – Any set of measures design to permanently eliminate lead-based paint or
lead-based paint hazards. (See definition of “permanent”). “Abatement” includes:
A. The removal of lead-based paint and dust-lead hazards, the permanent enclosure or
encapsulation of lead-based paint, the replacement of components or fixtures
painted with lead-based paint, and the removal or permanent covering of soil-lead
hazards; and
B. All preparation, cleanup, disposal, and post-abatement clearance testing activities
associated with such measures.
CERTIFIED – Licensed or certified to perform such activities as risk assessment, leadbased paint inspection, lead dust wipe tests or abatement supervision by the United States
Environmental Protection Agency (EPA) in accordance with 40 CFR Part 745, Subpart L.
Any individual who has been licensed or certified by the EPA will be approved as certified
by the City for the purpose of performing such licensed activities, provided that such
approvals are subject to suspension or revocation after a finding of nonresponsibility by the
Director pursuant to §54-7I.
CERTIFIED LEAD-BASED PAINT INSPECTOR – An individual who has been trained
by an accredited training program, as defined by 40 CFR 745.223, and certified by the EPA
pursuant to 40 CFR 745.226 to conduct lead-based paint inspections, whose approval to
conduct such inspections in the City is not subject to suspension or revocation after a
finding of non-responsibility pursuant to §54-7I. A certified lead-based paint inspector also
samples for the presence of lead in dust and soil for the purposes of clearance testing.
CERTIFIED LEAD DUST WIPE TECHNICIAN – An individual who has been trained by
an accredited training program, as defined by 40 CFR 745.223, and certified by the EPA
pursuant to 40 CFR 745.226 to conduct lead dust wipe tests, whose approval to conduct
such dust wipe tests in the City is not subject to suspension or revocation after a finding of
non-responsibility pursuant to §54-7I.
CERTIFIED RISK ASSESSOR – An individual who has been trained by an accredited
training program, as defined by 40 CFR 745.223, and certified by the EPA pursuant to 40
CFR 745.226 to conduct risk assessments, whose approval to conduct such risk assessments
in the City is not subject to suspension or revocation after a finding of non-responsibility
pursuant to §54-7I. A certified risk assessor also samples for the presence of lead in dust
and soil for the purpose of clearance testing.
CHEWABLE SURFACE – An interior or exterior accessible painted surface that a young
child can mouth or chew. Hard metal substrates and other materials that cannot be dented
by the bite of a young child are not considered chewable.
CLEARANCE EXAMINATION – An activity conducted following lead-based paint
hazard reduction activities to determine that the hazard reduction activities are complete and
that no soil-lead hazards or settled dust-lead hazards, as defined in this article, exist in the
dwelling unit or worksite.
COMMISSIONER – The Commissioner of the Department of Neighborhood and Business
Development for the City of Syracuse.
COMMON AREA – A portion of a residential property that is available for use by
occupants of more than one dwelling unit. Such an area may include, but is not limited to,
hallways, stairways, laundry and recreational rooms, playgrounds, community centers, onsite day-care facilities, porches, basements, attics, garages and boundary fences.
COMPONENT – An architectural element of a dwelling unit or common area identified by
type and location, such as a bedroom wall, an exterior window sill, a baseboard in a living
room, a kitchen floor, an interior window sill in a bathroom, a porch floor, stair treads in a
common stairwell, or an exterior wall.
CONTAINMENT – The physical measures taken to ensure that dust and debris created or
released during lead-based paint hazard reduction are not spread, blown or tracked from
inside to outside of the worksite.
DEPARTMENT – The department of Neighborhood and Business Development of the City
of Syracuse.
DETERIORATED PAINT – Any interior or exterior paint or other coating that, through a
visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, chalking or
cracking, or any paint or coating located on an interior or exterior surface or fixture that is
otherwise damaged or separated from the substrate, or a chewable surface that contains
visual signs of chewing.
DIRECTOR – The Director of the Division of Code Enforcement of the Department of
Neighborhood and Business Development of the City of Syracuse.
DRIPLINE – The area within three feet surrounding the perimeter of a building.
DRY SANDING – Sanding without moisture and includes both hand and machine sanding.
DUST-LEAD HAZARD – Surface dust that contains a dust-lead loading (area
concentration of lead) at or exceeding the levels listed in §54-7D.
DWELLING UNIT –
A. A single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation; or
B. A room or group of rooms forming a single habitable space equipped and intended
to be used for living, sleeping, cooking and eating which does not contain, within
such a unit, a toilet, lavatory and bathtub or shower; or
C. Any room or group of rooms forming a single habitable unit occupied or intended to
be occupied for sleeping or living, but not for cooking purposes.
For the purposes of this definition, a basement or attic that is accessible from inside
a dwelling unit is considered to be part of the dwelling unit. Common areas and
basements and/or attics that are only accessible through a common area or from the
exterior of the property are not considered to be part of the dwelling unit.
ENCAPSULATION – The application of a coating or adhesively bonded material or
coating that acts as a barrier between the lead-based paint and the environment and that
relies for its durability on adhesion between the encapsulant and the painted surface, and on
the integrity of the existing bonds between paint layers and between the paint and the
substrate. Encapsulation may be used as a method of abatement if it is designed and
performed so as to be permanent. (See definition of “permanent”).
ENCLOSURE – The use of rigid, durable construction materials that are mechanically
fastened to the substrate in order to act as a barrier between lead-based paint and the
environment. Enclosure may be used as a method of abatement if it is designed to be
permanent. (See definition of “permanent”).
EVALUATION – A risk assessment, a lead hazard screen, a lead-based paint inspection,
paint testing, or a combination of these to determine the presence of lead-based paint
hazards or lead-based paint.
FRICTION SURFACE – An interior or exterior surface that is subject to abrasion or
friction, including, but not limited to, certain window, floor, and stair surfaces.
g – The abbreviation for “gram.”
HAZARD REDUCTION – Measures designed to reduce or eliminate human exposure to
lead-based paint hazards through methods including interim controls or abatement or a
combination of the two.
year OFFICER – A person designated by the Commissioner of the Department of
Neighborhood and Business Development to conduct any hearing required by this section.
HEPA VACUUM – A vacuum cleaner that expels all the air it draws into the machine
through a high-efficiency particulate air (HEPA) filter during its final filtration stage. A
HEPA filter is capable of removing at least 99.97% of any airborne particles with a size of
0.3 microns (µm). HEPA vacuums must be operated and maintained in accordance with the
manufacturer’s instructions.
IMPACT SURFACE – An interior or exterior surface that is subject to damage by repeated
sudden force, such as certain parts of door frames.
INTERIM CONTROLS – A set of measures designed to temporarily reduce human
exposure or likely exposure to lead-based paint hazards. Interim controls include, but are
not limited to, repairs, painting, temporary containment and specialized cleaning.
LEAD-BASED PAINT – Paint or other surface coatings that contain lead either equal to or
exceeding the federal standard found in 40 CFR Subchapter R (“Toxic Substance Control
Act”), which, as of the adoption of this Ordinance, defined lead-based paint to be paint or
other surface coatings containing lead either equal to or exceeding 1.0 milligram per square
centimeter or 0.5% by weight or 5,000 parts per million (ppm) by weight.
LEAD-BASED PAINT HAZARD – Any condition that causes exposure to lead from dustlead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in
chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse
human health effects.
LEAD-BASED PAINT INSPECTION – A surface-by-surface investigation to determine
the presence of lead-based paint and the provision of a report explaining the results of the
investigation.
LEAD HAZARD INFORMATION PAMPHLET – The most recent publication of the lead
hazard information pamphlet means the pamphlet developed by the EPA, the United States
Department of Housing and Urban Development and the Consumer Product Safety
Commission pursuant to Section 403 of the Toxic Substances Control Act (15 U.S.C.
§2686), entitled “Protect Your Family From Lead in Your Home.”
LEAD DUST SAMPLING TECHNICIAN – An individual who has been trained by an
accredited training program, as defined by 40 CFR 745.223, to conduct lead dust wipe tests,
whose approval to conduct such dust wipe tests in the City is not subject to suspension or
revocation after a finding of non-responsibility pursuant to §54-7I.
mg – The abbreviation for “milligram” (thousandth of a gram).
OCCUPANT – A person who inhabits a dwelling unit.
OWNER – A person, firm, corporation, nonprofit organization, partnership, government,
guardian, conservator, receiver, trustee, executor, or other judicial officer, or other entity
which, alone or with others, owns, holds, or controls the freehold or leasehold title or part of
the title to property, with or without actually possessing it. The definition includes a vendee
who possesses the title, but does not include a mortgagee or an owner of a reversionary
interest under a ground rent lease.
PAINT REMOVAL – A method of abatement that permanently eliminates lead-based paint
from surfaces.
PAINTED SURFACE TO BE DISTURBED – A paint surface that is to be scraped, sanded,
cut, penetrated or otherwise affected by rehabilitation work in a manner that could
potentially create a lead-based paint hazard by generating dust, fumes, or paint chips.
PAINT STABILIZATION – Repairing any physical defect in the substrate of a painted
surface that is causing paint deterioration, removing loose paint and other material from the
surface to be treated, and applying a new protective coating or paint.
PAINT TESTING – The process of determining, by a certified lead-based paint inspector or
risk assessor, the presence or the absence of lead-based paint on deteriorated paint surfaces
or painted surfaces to be disturbed or replaced.
PERMANENT – An expected design life of at least 20 years.
PORCH, OPEN – A roofed open structure projecting from the exterior wall of a building
and having at least 70% of the total area of the vertical planes forming its perimeter
unobstructed in any manner except by insect screening between floor and ceiling.
REDUCTION – Measures designed to reduce or eliminate human exposure to lead-based
paint hazards through methods including interim controls and abatement.
REHABILITATION – The improvement of an existing structure through alterations,
incidental additions or enhancements. Rehabilitation includes repairs necessary to correct
the results of deferred maintenance, the replacement of principal fixtures and components,
improvements to increase the efficient use of energy, and installation of security devices.
RENOVATION, REPAIR AND PAINTING RULE (RRP) CERTIFICATION – EPA required certification for all home improvements contractors, property management firms,
handymen or others compensated for renovation work that involves window replacement or
that disturbs more than six square feet of interior and/or 20 square feet of exterior paint or
surface coating in pre-1978 residential housing and child-occupied facilities. This EPA
requirement also applies to landlords working on rental properties. The individual must
complete training, use safe work practices and verify that the work area is clean after
completion of renovations.
REPLACEMENT – A strategy of abatement that entails the removal of building
components that have surfaces coated with lead-based paint and the installation of new
components free of lead-based paint.
RESIDENTIAL PROPERTY – A dwelling unit, common areas, building exterior surfaces,
and any surrounding land, including outbuildings, fences and play equipment affixed to the
land, belonging to an owner and available for use by residents, but not including land used
for agricultural, commercial, industrial or other non-residential purposes, and not including
paint on the pavement of parking lots, garages, or roadways.
RISK ASSESSMENT –
A. An on-site investigation to determine the existence, nature, severity, and location of
lead-based paint hazards; and
B. The provision of a report by the individual or firm conducting the risk assessment
explaining the results of the investigation and options for reducing lead-based paint
hazards.
TENANT – The individual named as the lessee in a lease, rental agreement or occupancy
agreement for a dwelling unit.
ug – the abbreviation for “microgram” (millionth of a gram).
VISUAL ASSESSMENT – A visual examination of all surfaces within the dwelling unit,
including any basement and/or attic as per the definition of a dwelling unit. A visual
assessment shall not be considered to be complete if the examining individual is locked out
or otherwise prevented from inspecting any room or space within the dwelling unit. For the
purpose of determining whether or not a deteriorated paint violation is interior or exterior as
it related to windows, in addition to that portion of the window component that faces the
interior, all exterior-facing portions of the window component, with the exception of the
exterior frame or trim, are considered to be interior.
WET SANDING or WET SCRAPING – A process of removing loose paint in which the
painted surface to be sanded or scraped is kept wet to minimize the dispersal of paint chips
and airborne dust.
WINDOW TROUGH – The area between the interior window sill (stool) and the storm
window frame. If there is no storm window, the window trough is the area that receives
both the upper and lower window sashes when they are both lowered.
WIPE SAMPLE – A sample collected by wiping a representative surface of known area, as
determined by §54-7, with an acceptable wipe material as defined in ASTM E 1792,
“Standard Specification for Wipe Sampling Materials for Lead in Surface Dust.”
WORKSITE – An interior or exterior area where lead-based paint hazard reduction activity
takes place. There may be more than one worksite in a dwelling unit or at a residential
property.
Section 54-3 Presumptions and obligations.
A. For purposes of this article, all paint on the interior or exterior of any residential
building on which the original construction was completed prior to January 1, 1978,
shall be presumed to be lead-based.
B. For purposes of this article, all paint on the exterior of any nonresidential structure
on which the original construction was completed prior to January 1, 1978, shall be
presumed to be lead-based.
C. Any person seeking to rebut these presumptions shall establish through the means
set forth in §54-6 that the paint on the building or structure in question is not leadbased paint.
D. Residential buildings shall be maintained free of lead-based paint hazards.
Section 54-4 Violations.
A. Deteriorated paint violation. The interior and exterior of any residential building onwhich the original construction was completed prior to January 1, 1978, and the
exterior of any nonresidential structure on which the original construction was
completed prior to January 1, 1978, shall be maintained in a condition such that the
paint thereon does not become deteriorated paint, unless the deteriorated paint
surfaces total no more than:
(1) Twenty square feet on exterior surfaces;
(2) Two square feet in any one interior room or space; or
(3) Ten percent of the total surface area on an interior or exterior type of
component with a small surface area. Examples include windowsills,
baseboards, and trim.
For the purpose of determining whether or not a deteriorated paint violation
is interior or exterior as it relates to windows, in addition to that portion of
the window component that faces the interior, all exterior-facing portions of
the window component, with the exception of the exterior frame or trim, are
considered to be interior.
B. Bare soil violation. Bare soil shall not be present within the dripline of any
residential building on which the original construction was completed prior to
January 1, 1978.
C. Dust-lead hazard violation. A dust-lead hazard shall be identified and cited in
accordance with the procedures set forth in §54-5, Inspection for violations.
D. Dust sample violation. A dust sample violation shall be cited upon a failure by an
owner of a property to timely cause dust samples to be taken and certified test
results to be submitted to the Department in accordance with the procedures set
forth in §54-5 and 54-7 of this article.
Section 54-5 Inspections for violations.
(a) All inspections, including, but not limited to, inspections performed as part of an
application for a certificate of compliance pursuant to Section 27-15 of the Property
Conservation Code of the City of Syracuse, an application for a rental registry certificate
pursuant to Section 27-131 of the Property Conservation Code of the City of Syracuse,
or based upon the filing of a complaint, shall include a visual assessment for
deteriorated paint and bare soil violations. With respect to units in structures containing
five or fewer units and located in the high-risk area identified by the Mayor or the
Mayor’s designee, when the visual assessment identifies no interior deteriorated paint
violation, the owner shall cause dust samples to be taken and certified test results to be
obtained in accordance with the protocols established in §54-7B to determine whether a
dust-lead hazard exists. For the purpose of determining whether or not a deteriorated
paint violation is interior or exterior as it relates to windows, in addition to that portion
of the window component that faces the interior, all exterior-facing portions of the
window component, with the exception of the exterior frame or trim, are considered to
be interior. The owner shall be given 60 days to cause the dust samples to be taken and
to submit all certified test results to the Department. If all certified results are not
submitted within the specified time, a dust sample violation shall be cited. When a
dust-lead hazard is identified and not cleared, a dust-lead hazard violation shall be cited.
A certification of clearance as described in §54-7 shall be required in order to clear a
dust-lead hazard violation. The high-risk area to be identified by the Mayor or the
Mayor’s designee shall be based on relevant factors, including, but not limited to, the
use of the Neighborhood Revitalization Strategy Area and the County Health
Department inspections data in conjunction with its elevated blood-lead level
inspections. Where the filing of a complaint leads to an inspection, the inspection shall
include the unit which is the focus of the complaint and all common areas.
Section 54-6 Remedy for violations.
(a) Following a visual assessment which results in the citation of a deteriorated paint
violation, the violation may be removed only by one of the following methods:
A. Certification by a lead-based paint inspector or risk assessor that the property has
been determined through a lead-based paint inspection conducted in accordance
with the federal regulations at 40 CFR 745.227(b) not to contain lead-based paint.
B. Certification by a lead-based paint inspector or risk assessor that all cited violations
of §54-4, Violations, have been abated, or interim controls implemented, and
clearance has been achieved in accordance with standards found in §54-7; provided,
however, that the property has been inspected pursuant to those standards since the
deteriorated paint or dust-lead hazard violation was last cited, including a full visual
assessment.
C. Where exterior deteriorated paint violations, including deteriorated paint violations
on an open porch, and/or bare soil violations are cited, or where interior deteriorated
paint violations are cited in a common area, as per the definition of a “dwelling
unit,” clearance may be established through a visual assessment by a City inspector
after reduction measures have been implemented.
Section 54-7 Standards for clearance examination and report.
The remedy available through §54-6B and the dust sampling required by §54-5 shall require
the following certification of clearance standards:
A. Qualified personnel. Certification of clearance shall be issued by:
(1) A certified risk assessor; or
(2) A certified lead-based paint inspector; or
(3) In instances of non-abatement clearance only, a lead dust sampling
technician may provide a certification of clearance if their report has been
approved by a certified risk assessor or certified lead-based paint inspector.
B. Required activities.
(1) An examination shall include a full visual assessment, dust sampling,
submission of samples for analysis for lead, interpretation of sampling
results, and preparation of a report. Examinations shall be performed in all
dwelling units in accordance with this section.
(2) A full visual assessment of every area of the subject dwelling unit shall be
performed to determine if deteriorated paint and/or visible amounts of dust,
debris, paint chips or other residue are present. Interior painted surfaces
shall be examined for the presence of deteriorated paint. If deteriorated
paint and visible dust, debris, paint chips or residue are present, they must be
eliminated prior to the continuation of the clearance examination.
(3) Dust samples shall be wipe samples and shall be taken on floors, excluding
open porches, and interior windowsills and window troughs that have a paint
history. Dust samples shall be collected and analyzed in accordance with
this section.
(a) Dust samples shall be taken from each of no more than four rooms.
The selection of rooms to be tested, where applicable, shall include
no less than one bedroom and the living room. At least one wipe
sample shall be taken from a window trough or a windowsill with a
paint history, if present, and one from a floor in each room. Where
there are less than four rooms, then all rooms shall be sampled.
(b) Dust samples shall be collected by persons authorized and/or
certified by the EPA as a lead inspector, risk assessor, dust wipe
technician, or lead dust sampling technician whose approval to
conduct such dust wipe tests in the City is not subject to suspension
or revocation after a finding of non-responsibility pursuant to §54-7I.
(c) The method for collecting dust samples shall include:
[1] Laying out the sample area by using a template or tape to
outline the area;
[2] Label each tube with its own identification number to be
recorded on the sample collection form;[3] For each sample, put on unused, nonlatex, non-sterile,
powder-free disposable gloves which, after being properly
worn on the hand, are only permitted to come into contact
with an unused wipe;[4] Use an unused wipe to sample the entire area inside the
template or tape as follows:[a] Starting in the upper corner of the sample area, use a
side-to-side motion, wiping the entire area, pressing
firmly with your fingers;
[b] Fold the wipe sample in half, dirty side in;
[c] With the clean side of the sample and starting at the
upper corner, use a top-to-bottom motion, wiping the
entire area, pressing firmly with your fingers;
[d] Fold the wipe sample in half again, dirty side in;
[e] With the clean side of the sample, wipe around the
entire perimeter, cleaning the corners, fold the
sample; and
[f] Place the folded wipe sample in the tube.[5] Write down the measurements of the sample area on the
collection form;
[6] Clean the sampling equipment after each wipe sample is
taken;[7] Forward wipe samples to an authorized laboratory.(d) Dust samples shall be analyzed by a laboratory recognized by the
EPA pursuant to Section 405(b) of TSCA as being capable ofperforming analysis for lead compounds in dust samples.
C. Report. The clearance examiner shall ensure that an examination report is prepared
that provides documentation of the examination.
(1) The report shall include the following information:(a) The address of the residential property and, if only part of a
multifamily property is affected, the specific dwelling units andcommon areas affected;
(b) The date(s) of the examination;(c) The name, address, and signature of each person performing the
examination, including their EPA certification number;
(d) The results of the visual assessment for the presence of deteriorated
paint and visible dust, debris, residue or paint chips;
(e) The results of the analysis of dust samples, in ug per square foot, by
location of sample; and(f) The name and address of each laboratory that conducted the analysis
of the dust samples, including the identification number for each
such laboratory recognized by the EPA under Section 405(b) of the
Toxic Substances Control Act [15 U.S.C. §2685(b)].
D. Clearance standards. Where dust sampling is required by §54-5 or where an interior
deteriorated paint or dust-lead hazard violation has been cited in a dwelling unit, the
following dust-lead standards shall be met before a certificate of compliance may
be issued or a violation removed.
(1) Dust sample results shall be less than the following standard, unless the EPA
establishes a more stringent standard in the Toxic Substances Control Act
[40 C.F.R. § 745.65], in which case the more stringent standard shall be
applied:
(a) For floors: 10 ug/ft²;
(b) For windowsills: 100 ug/ft²; and
(c) For window troughs: 400 ug/ft²;
(2) Where dust sample results are greater than or equal to the levels set forth in
§54-6D(1), additional dust wipe samples shall be taken in the subject areas
until all said areas are found to be below the listed thresholds.
E. Validity of wipe test results. For the purposes of meeting the requirement in §54-5,
the results of all successful wipe tests shall be valid for a period of three years,
unless a subsequent inspection of the dwelling unit identifies an interior deteriorated
paint violation, which would immediately cause the previous wipe tests results to be
invalid.
F. Requirement to avoid conflict of interest regarding clearance inspection. All
examinations shall be performed by persons or entities independent of those
performing hazard reduction or maintenance activities.
G. This section shall not apply to the situations set forth in §54-6C.
H. As part of the Department’s efforts to ensure consistency and compliance with the
required clearance standards, random audits will be performed on all third-party lead
clearance providers. Nonrandom audits may also be performed based on a
reasonable suspicion that a third-party lead clearance provider is not providing
proper tests, including, but not limited to, complaints received about the provider or
about a specific property inspected by the provider. If the results indicate
noncompliance with these standards, the Director may take whatever action is
necessary as set forth in Subsection I of this section.
I. Rejection of clearance examination report/non-responsibility of issuer:
(1) The Director, or the Director’s designee, is authorized to reject a lead
clearance examination report that does not meet the requirements set forth
herein or that is found after an inspection to not substantially represent the
conditions present at the premises for which the report was prepared. The
reasons for the rejection shall be set forth in writing to the issuer of the
report and to the owner of the property to which the report pertains.
(2) No lead clearance examination report shall be accepted from an issuer who
does not meet the qualifications set forth herein or who has been found by
the Director or the Director’s designee to be non-responsible.
(3) The Director shall inform an issuer in writing of a non-responsibility
determination and the reasons therefor.
(4) Upon making a non-responsibility determination, the Director may bar the
issuer and affiliated organizations, as further set forth herein, from
submitting lead clearance reports to the City for a period of not to exceed
three years. If a corporation is found to be a non-responsible issuer, that
finding may be applied to a parent, affiliate or subsidiary corporation, if the
Director finds that an officer, director or person directly or indirectly
controlling 10% or more of the stock of the corporation found to be nonresponsible is an officer, director or person directly or indirectly controlling
10% or more of the stock of the parent, affiliate or subsidiary corporation. If
an unincorporated association is found to be non-responsible, that finding
may be extended to other related associations upon a finding by the Director
that the related associations have substantially the same ownership,
management or operating personnel.
(5) Guidelines for non-responsibility determinations. In determining the nonresponsibility of an issuer, the Director shall consider:
(a) The record of performance of the issuer, including but not limited to
lack of adequate expertise, prior experience with lead clearance
examinations or lack of ability to perform the clearances in a timely,
competent and acceptable manner. Evidence of such a lack of ability
to perform may include, but shall not be limited to, evidence of
suspension or revocation for cause of any professional license of any
director or officer or any holder of 5% or more of the issuer’s stock
or equity; suspension or debarment by the state or federal
government; or a history of lead clearance examinations that do not
meet federal, state or City requirements.
(b) The record of integrity of the issuer.(c) The availability to the issuer of the necessary organization,experience, operational controls and technical skills, and thenecessary technical equipment and facilities required forperformance of the clearance examinations.(d) The compliance by the issuer with any special or general standards
of responsibility.
(e) The compliance by the issuer with standards which may be
established by the Director pursuant to rule or regulation.(f) Criminal conduct in connection with lead clearance examinations,
government contracts or business activities. Evidence of such
conduct may include a judgment of conviction or information
obtained as a result of a formal grant of immunity in connection with
a criminal prosecution of the issuer, any director or officer, or holder
of 5% or more of the shares or equity of the issuer or any affiliate of
the issuer.
(g) Violations of the Labor Law.(h) Violations of the Environmental Conservation Law or other federal
or state environmental statutes or regulations.(i) Any other cause of so serious or compelling a nature that it raises
questions about the responsibility of an issuer, including, but not
limited to, submission to the City of a false or misleading statement
in connection with a lead clearance examination.
(j) In addition to the factors specified above, the Director may also give
due consideration to any other factors considered to bear upon issuer
responsibility, including, but not limited to, any mitigating factors
brought to the City’s attention by the issuer.
(6) The Director may develop rules and regulations to implement these
guidelines and may request a sworn statement of issuer qualifications to
gather the necessary information set forth herein. The Director may use the
information contained in the response to the sworn statement in making a
determination of issuer non-responsibility.
(7) A non-responsibility determination by the Director may be appealed by the
issuer to the Commissioner by delivery to the Commissioner of a written
notice of appeal within 10 days after receipt of the determination of the
Director. The Commissioner shall offer the issuer an opportunity to be
heard, at which a hearing officer appointed by the Commissioner who is not
a City employee shall preside. Such hearing shall be scheduled as soon as
possible after a request. The issuer shall be permitted to be represented by
counsel, to submit evidence and summon witnesses on his or her behalf and
to inspect documents and cross-examine opposing witnesses. Compliance
with the technical rules of evidence shall not be required. The hearing
officer shall make a recommendation to the Commissioner. The
Commissioner shall make the final determination in writing, based upon
evidence produced at the hearing. In the final determination, the
Commissioner may accept, reject or modify the determination and/or penalty
imposed by the Director. The determination of the Commissioner shall be
the final determination of the City and shall be subject to review pursuant to
Article 78 of the Civil Practice Law and Rules.
Section 54-8 Lead-safe hazard reduction and control.
A. No person shall disturb or remove lead-based paint or in any other way generate
excessive dust or debris during work on the interior or exterior of any existing
building or structure except in accordance with the requirements of this section and
§54-9 and 54-10. Any home improvement contractor, property management firm,
handyman or other person engaging in renovation work that involves window
replacement or that disturbs more than six square feet of interior, and/or more than
20 square feet of exterior, paint or surface coating, in a residential building or childoccupied facility for which the original construction was completed prior to January
1, 1978, must possess an EPA RRP certification and be employed by an EPA
certified firm.
B. Exemptions. This section shall not apply to activities that disturb or remove paint
where the activities are being performed on buildings on which construction was
completed on or after January 1, 1978.
C. Sign required when exterior lead-based paint (or presumed lead-based paint) is
disturbed.
(1) Not later than the commencement date of any lead-based paint hazard
reduction work, the owner, or the contractor when the owner has entered
into a contract with a contractor to perform such work on the exterior of a
building or structure, shall post signs in a location or locations clearly visible
to the adjacent properties stating the following:
LEAD-BASED PAINT HAZARD REDUCTION WORK IN PROGRESS
PUBLIC ACCESS TO WORK AREA PROHIBITED
POSTED IN ACCORDANCE WITH CHAPTER 54 OF THE CITY OF
SYRACUSE CODE
FOR FURTHER INFORMATION, PHONE (315) 448-8695
(2) The sign required by Subsection C(1) shall be not less than 24 inches square
and shall be in large boldface capital letters no less than 1/2 inch in size, and
shall contain the notification in both English and Spanish. The sign required
by this subsection shall remain in place until the lead-based paint hazard
reduction work has been completed.
(3) Where it is not possible to post signs in a conspicuous location or locations
clearly visible to the adjacent properties, the owner or, where the owner has
entered into a contract with a contractor to perform lead-based paint hazard
reduction work, the contractor shall provide the notice in written form, such
as a letter or memorandum, to the occupants of adjacent properties.
D. Notice to tenants. Where lead-based paint hazard reduction work is to be performed
on the interior or exterior of buildings occupied by one or more tenants, not less than
three business days before any lead-based paint hazard reduction work is to
commence the owner shall provide the following information:
(1) Contents of notice. Provide written notice to tenants of the building on
which the work is being performed that lead-based paint hazard reduction
work is being performed. This notice, which shall be in both English and
Spanish, shall be in compliance with the EPA pre-renovation notification
rules set forth in 40 CFR Part 745, Subpart E, shall be in the form of a sign,
letter or memorandum, and shall prominently state the following:
Work is scheduled to be performed beginning _______________ (date) on
this property that may disturb or remove lead-based paint. The persons
performing this work are required to follow federal and local laws regulating
work with lead-based paint. You may obtain information regarding these
laws, or report any suspected violations of these laws, by calling the City of
Syracuse at ______________ (a number to be designated by the City). The
owner of this property is also required to provide tenants with a copy of the
lead hazard information pamphlet. Retaliatory action against tenants is
prohibited by §54-13 of the Municipal Code.
(2) The owner shall provide all tenants in the building with a copy of the lead
hazard information pamphlet.
E. Notice by contractor. Where lead-based paint hazard reduction work is being
performed by a contractor on residential property, the contractor shall, at least three
business days prior to the commencement of such work, notify the property owner
of potential lead hazards during the project by delivering to the owner a copy of the
lead hazard information pamphlet.
F. Early commencement of work by owner. A property owner may commence, or may
authorize a contractor to commence, lead-based paint hazard reduction work less
than three business days after providing notices required above when such work
must be commenced immediately to correct an emergency condition, such as work
necessitated by non-routine failures of equipment, that were not planned but result
from a sudden, unexpected event that, if not immediately attended to, presents a
safety or public health hazard, or threatens equipment and/or property with
significant damage.
G. Early commencement of work requested by tenant. Upon written request of a
tenant, an owner may commence, or authorize a contractor to commence, lead-based
paint hazard reduction work on that tenant’s unit less than three business days after
providing notices required in Subsection E above.
Section 54-9 Occupant protection; worksite preparation.
A. Occupant protection.
(1) Occupants shall not be permitted to enter the worksite during hazard
reduction activities (unless they are employed in the conduct of these
activities at the worksite) until after hazard reduction work has been
completed and clearance has been achieved.
(2) Occupants shall be temporarily relocated during hazard reduction activities
and until a clearance examination has been successfully completed on the
occupant’s unit, and occupants who relocate to a unit not owned by their
landlord shall not be liable for rent accruing during that time, except that
relocation shall not be necessary if:(a) Treatment will not disturb lead-based paint, dust-lead hazards or
soil-lead hazards;(b) Only the exterior of the dwelling unit is treated, and windows, doors,
ventilation intakes and other openings in or near the worksite are
sealed during hazard control work and cleaned afterward, and entry
free of dust-lead hazards, soil-lead hazards and debris is provided;
(c) Treatment of the interior will be completed within one period of
eight daytime hours, the worksite is contained so as to prevent the
release of leaded dust and debris into other areas, and treatment does
not create other safety, health or environmental hazards (e.g.,
exposed live electrical wiring, release of toxic fumes, or on-site
disposal of hazardous waste); or
(d) Treatment of the interior will be completed within 15 calendar days,
the worksite is contained so as to prevent the release of leaded dust
and debris into other areas, treatment does not create other safety,
health or environmental hazards, and, at the end of the work on each
day, the worksite and the area within at least 10 feet of the
containment area is cleaned to remove any visible dust or debris, and
occupants have safe daily access to sleeping areas and bathroom and
kitchen facilities.
(3) The dwelling unit and the worksite shall be secured against unauthorized
entry and occupants’ belongings protected from contamination by dust-lead
hazards and debris during hazard reduction activities. Occupants’
belongings in the containment area shall be relocated to a safe and secure
area outside the containment area, or covered with an impermeable covering
with all seams and edges taped or otherwise sealed.
(4) In addition to protections afforded elsewhere by law, if interior hazard
reduction activities will not be or are not completed within 60 calendar days,
or if a dwelling unit fails to pass a clearance examination after the
completion of interior hazard reduction activities, occupants shall have the
right to terminate their lease and shall have no further obligation to pay rent
under that rental agreement; provided, however, that this subsection shall not
relieve the occupant of the obligation to pay any previously accrued rent for
which he or she is otherwise liable.
B. Worksite preparation.
(1) The worksite shall be prepared, including the placement of containment
barriers, to prevent the release of leaded dust and contain lead-based paint
chips and other debris from hazard reduction activities within the worksite
until they can be safely removed. Practices that minimize the spread of
leaded dust, paint chips, soil and debris shall be used during worksite
preparation.
(2) A warning sign, as defined in §54-9C, shall be posted at each entry to a
room where hazard reduction activities are conducted when occupants are
present or at each main and secondary entryway to a building from which
occupants have been relocated. Each warning sign shall be posted
irrespective of employees’ lead exposure and, to the extent practicable,
provided in the occupants’ primary language.
Section 54-10 Safe work practices.
A. Lead-based paint shall not be applied to any exterior or interior surface.
B. Prohibited methods. The following methods of paint removal shall not be used:
(1) Open flame burning or torching.
(2) Machine sanding or grinding without a high-efficiency particulate air
(HEPA) local exhaust control.
(3) Abrasive blasting or sandblasting without HEPA local exhaust control.
(4) Heat guns operating above 1,100° F. or charring the paint.
(5) Dry sanding or dry scraping, except dry scraping in conjunction with heat
guns or within 1.0 foot of electrical outlets, or when treating defective paint
spots totaling no more than 2 square feet in any one interior room or space,
or totaling no more than 20 square feet on exterior surfaces.
(6) Paint stripping in a poorly ventilated space using a volatile stripper that is a
hazardous substance in accordance with regulations of the Consumer
Product Safety Commission at 16 CFR 1500.3, and/or a hazardous chemical
in accordance with the Occupational Safety and Health Administration
regulations at 29 CFR 1910.1200 or 1926.59, as applicable to the work.
C. Worksite preparation. The worksite shall be prepared in accordance with §54-9B
D. Specialized cleaning. After hazard reduction activities have been completed, the
worksite shall be cleaned using cleaning methods, products and devices that are
successful in cleaning up dust-lead hazards, such as a HEPA vacuum or other
method of equivalent efficacy, and lead-specific detergents or equivalent.
E. De minimis levels. Safe work practices are not required when maintenance or
hazard reduction activities do not disturb painted surfaces that total more than:
(1) Twenty square feet on exterior surfaces;
(2) Two square feet in any one interior room or space; or
(3) Ten percent of the total surface area on an interior or exterior type of
component with a small surface area. Examples include windowsills,
baseboards, and trim.
Section 54-11 Emergency actions; weather conditions.
A. For emergency actions necessary to safeguard against imminent or immediate
danger to human life, health or safety, or to protect property from further structural
damage, including demolitions, occupants shall be protected from exposure to lead
in dust and debris generated by such emergency actions to the extent practicable.
This exemption does not apply to any work undertaken subsequent to or above and
beyond such emergency actions, other than the demolitions noted above.
B. Performance of lead-based paint hazard reduction or lead-based paint abatement on
an exterior painted surface as required under this article may be delayed for a
reasonable time during a period when weather conditions render impossible the
completion of conventional construction activities; provided, however, that this
limitation shall continue only for the period in which work cannot be performed in
the work-safe manner as provided for herein.
Section 54-12 Exemptions.
A. This article shall not apply to properties taken by a governmental entity in a
foreclosure proceeding which are vacant and secured and:
(1) Scheduled for demolition; or
(2) Scheduled for sale within 12 months.
B. The requirements of §54-4 through §54-7 which are applicable to residential
buildings shall not include single-family owner-occupied dwellings.
C. A building complex with 10 or more units, any housing development or complex
designated for seniors, and all studio apartments shall be exempt from the
requirements for dust sampling established in §54-5. A “building complex” for the
purposes of this section includes any proximately related grouping or combination
of units or buildings that is structured under a single ownership or management
contract, regardless of whether such buildings are contiguous. This exemption does
not exempt a property from a dust sampling required by any other local, state, or
federal law or regulation.
Section 54-13 Prohibition of retaliatory action.
A. It is unlawful for an owner, or any person acting on his or her behalf, to take any
retaliatory action toward a tenant who reports a suspected lead-based paint hazard to
the owner, the City, the Onondaga County Health Department and their medical
practitioner. Retaliatory actions include but are not limited to any actions that
materially alter the terms of the tenancy (including rent increases and non-renewals)
or interfere with the occupants’ use of the property, or any other action provided
under New York Real Property Law § 223-b .
B. There shall be a rebuttable presumption that any attempt by the owner to raise rents,
curtail services, refuse to renew or attempt to evict a tenant within one year of any
report to the City or the owner or any enforcement action in connection with a
suspected lead hazard is a retaliatory action in violation of this section, except that
in instances of nonpayment of rent or commission of waste upon the premises by the
tenant no such presumption shall apply. After one year form the date of the
reporting of a suspected lead hazard, or the most recent activity related to any
enforcement action, the defense of retaliatory eviction shall remain available to the
tenant, but without the benefit of the presumption created by this section.
C. The provisions of this section shall not be given effect in any case in which it is
established that the condition from which the complaint or action arose was caused
by the tenant, a member of the tenant’s household, or a guest of the tenant; nor shall
it apply in a case where a tenancy was terminated pursuant to the terms of a lease as
a result of a bona fide transfer of ownership.
Section 54-14 Notification to county of violations.
The City shall continue to send notices to the County of Onondaga listing any health and
safety violations found in properties inspected by the City. Any violation of §54-4 shall be
included on that list.
Section 54-15 Database for properties.
A. The City shall maintain a database, accessible to the public, of all residential
properties where lead hazards have been identified, reduced and controlled with
funds received by the City from the United States Department of Housing and
Urban Development which require that such a database be maintained. The City
shall further maintain a database of all residential properties granted a certificate of
compliance after the effective date of this article.
B. The databases created pursuant to this section shall be kept available for “walk-in”
inspection by the public. No person requesting access shall be required to complete
a freedom of information request in order to view this database.
(Reserved)
(Reserved)
(Reserved)
(Reserved)and
BE IT FURTHER ORDAINED, that this ordinance shall take effect immediately.