NYC HPD and DOH Lead -Compliance
Lead paint violations don’t have to be a headache. We handle XRF inspections, certified reports, and all required filings to keep your property compliant with Local Law 31.
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What the Law Requires
Under Local Law 31, New York City requires certain residential buildings to undergo certified lead-based paint inspections using XRF (X-ray fluorescence) technology.
HPD and DOH require that lead paint violations be addressed by an EPA Certified Lead Paint Supervisor and a separate EPA certified Lead Paint Inspector. The lead paint supervisor performs the physical work using the required safe work practices. After the work is done, the lead paint takes dust wipes to confirm that there is no residual lead dust left behind.
Who Must Comply:
- Buildings built before 1960 are required to complete lead-based paint inspections in all residential units and common areas.
- Buildings constructed between 1960 and 1978 may also be required to comply if lead-based paint is known or presumed to be present.
Failure to comply may result in Class "C" hazardous violations, placing owners at risk for substantial penalties. Noncompliance can also affect building refinancing, insurance policies, and tenant safety.
Types of Lead Paint Violations
There are three types of HPD lead paint violations:
Order 616: Presumed Lead Violation
This is given when an inspector observes a potential lead paint hazard(chipping, cracking paint) in a unit with a child under six, but is not in position of an XRF (X Ray Fluorescence) gun at the time of inspection and is therefore unable to confirm the presence of lead in the paint.
Order 617: Lead Paint Violation
This is when an inspector observes a potential lead hazard in a unit with a child under six and confirms the presence of lead paint with an XRF gun.
Order 618: Record Production Order Violation
Under Local Law 1 of 2004 building owners have to follow certain safe work practices and use specific certified professional when performing apartment turnover work or when disturbing in excess of two (2) square feet of point. HPD will often request records and logs demonstrating compliance with these work practices. This violation results from the owners failure to produce those records.