N.Y. Comp. Codes R. & Regs. tit. 10 § 67-2.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 67-2.7 - Environmental intervention and abatement

The commissioner or his designated representative shall require in the notice and demand, where necessary, pre-abatement and clean up actions as specified in subdivisions (a) and (b) of this section and any one or more of the actions listed in subdivisions (c) through (j) of this section as part of an abatement of a dwelling:

(a) Pre-abatement actions:

(1) furniture, rugs, carpets, bedding, drapes, disware and food shall be either removed or covered with plastic sheets a minimum thicknes of six mils and sealed;

(2) room openings must be sealed with plastic sheets that have a minimum thickness of six mils; and

(3) floors or in place carpet must be covered with twosheets of plastic a minimum thicknes of six mil thick, secured to the wall or baseboard with duct tape.

(b) Clean-up shall be performed daily and consist of misting debris with water and carefully sweeping and placing it in double four mil or six mil plastic bags, followed by wet dusting or wet mopping of all surfaces in the work area. Final clean-up shall be performed a minimum of 2 hours after completion of active abatement and shall include, but not be limited to, an HEPA filtered vacuuming of all interior surfaces, including window sills, followed by a weet mopping of all surfaces with a heavy duty household cleaning solution, followed by a second HEPA filtered vacuuming. In some instances the commissioner or his designated representative may determine that an alternative wet vacuum system may be used in place of the HEPA filter.

(c) When necessary, relocation of occupants to temporary housing until the abatement work specified has been completed.

(d) Placarding of the dwelling with the statement that human habitation is prohibited until the commissioner or his designated representative determines that the dwelling has been abated.

(e) Prohibition of the presence of children and pregnant woman in part or all of a dwelling during abatement activities.

(f) Encapsulation of lead painted surfaces with materials approved as an encapsulant of lead paint by the United States Environmental Protection Agency or the United States Department of Housing and Urban Development, or the American Society for Testing and Materials or the Commissioner:

(1) after repair of water leaks caused by structures or plumbing deficiencies;

(2) in accordance with manufacturer's instructions; and

(3) after the removal of any chipping, peeling of flaking paint in accordance with subdivision (i) of this section.

(g) Enclosure of lead containing surfaces with drable materials applied as follows:

(1) After repair of water leaks caused by structural or plumbing deficiencies;

(2) with materials that are fire resistant which may include gypsum board, aluminum, vinyl, plywood paneling a minimum of 5/32 inch thick good (1) grade, Formica, acrylic sheets, fiberglass, durable carpet, tile, Plexiglass; and

(3) after the removal of any chipping, peeling or flaking paint in accordance with subdivision (i) of this section.

(h) Replacement of building components with lead-free materials.

(i) Removal of lead-containig surface coating materials by one or more of the following methods after which a lead-free surface coating material shall be applied to the surface:

(1) wet wire brushing or hand scraping with or without the aid of non-flamable solvent or wet abrasive compound;

(2) machine sanding, using a sander equipped with a high efficiency particle air filter device, to feather the edges and prepare surfaces for repainting or sealing;

(3) when used with appropriate respiratory protection, a heat gun, which produces a temperature not exceeding 1,100° F with hand scraping;

(4) off-site paint removal; and

(5) other procedures acceptable to the commissioner.

(j) Abatement of exterior surfaces by any of the methods described in subdivisions (a)-(i) of this section or by confined abrasive blasting using a wet misting technique or simultaneous vacuuming system. In addition, plastic sheets, a minimum thickness of six mils, must be placed on the ground as close to the dwelling foundation as obstructions will allow a minimum of six feet for each stary in height before blasting begins, and left in place until cleanup is complete. All seams must be sealed with tape and outer edges raised to trap liquid waste.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 67-2.7