Section 17-911. Remediation  


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  • a. There shall be no peeling lead-based paint in
      any portion of any day care facility.
        b.  Lead based paint or paint of unknown lead content that is peeling,
      or which is present  on  chewable  surfaces,  deteriorated  subsurfaces,
      friction surfaces, or impact surfaces shall be immediately remediated in
      a manner authorized by the department.
        c.  Any  equipment  that  is  painted  shall be painted with lead-free
      paint.
        d. Whenever a condition prohibited by this section is found to  exist,
      the department shall immediately serve an order on the operator or owner
      of  such day care facility to remediate the condition. In the event such
      order is not complied with within forty-five days  of  service  thereof,
      the  department  shall  immediately request an agency of the city of New
      York to execute such order pursuant to the provisions of section  17-147
      of  this code. The agency shall execute the order within forty-five days
      of the department's request. The city of New York shall be  entitled  to
      enforce  its  rights  for  reimbursement  of  expenses incurred thereby,
      including as credits toward lease payments.
        e. When lead-based paint  hazards  are  remediated  pursuant  to  this
      section  such  work shall be performed in compliance with work practices
      established by  the  department  pursuant  to  section  17-912  of  this
      subchapter.