Section 27-2056.1. Statement of findings and purposes  


Latest version.
  • The council finds that
      lead  poisoning  from  paint  containing lead is a preventable childhood
      disease and a public health crisis. The council further finds  that  the
      hazard in dwellings that may occur from paint containing lead is subject
      to  many factors, such as the age of a building and its maintenance. The
      Council also finds and declares  that  City  government  must  focus  on
      primary  prevention  as  the  essential  tool  to  combat childhood lead
      poisoning and to achieve the goal of preventing children from  suffering
      the  adverse  health  and other effects of exposure to lead-based paint.
      The pursuit of primary prevention, which means eliminating lead  hazards
      before  children  are exposed, has been recommended by the United States
      Centers for Disease Control  and  Prevention  and  promoted  by  leading
      experts  in  the  field  as  a  critical course of action to protect the
      health  of  young  children.  The  Council,  therefore,  declares   that
      resources  must be directed to primary prevention, including identifying
      children who are most at risk.
        The council recognizes that it cannot legislate a  single  maintenance
      standard  for  all  dwellings  to  eliminate  this  hazard. Instead, the
      council by enacting this article makes it the  responsibility  of  every
      owner   of  a  multiple  dwelling  to  investigate  dwelling  units  for
      lead-based paint hazards and to address such hazards on  a  case-by-case
      basis  as  the  conditions  may  warrant,  taking  such  actions  as are
      necessary to  prevent  a  child  from  becoming  lead  poisoned.  Having
      established  this  responsibility,  the  council  finds  that sufficient
      information exists to guide owners in making  determinations  about  the
      existence   of  lead-based  paint  hazards.  See,  e.g.,  United  States
      environmental protection agency, "Identification of Dangerous Levels  of
      Lead;  Final  Rule"  Federal Register, Vol. 66, No. 4 (January 5, 2001);
      United States department of housing and urban  development,  "Guidelines
      for  the  Evaluation and Control of Lead-Based Paint Hazards in Housing"
      (June 1995, revised 1997).
        The New York city department of health and mental hygiene has reported
      for  the  year  2001  that  among  children  tested,  5,638  were  newly
      identified  with  elevated  blood  lead  levels  of  10  micrograms  per
      deciliter or above. The New York city department of  health  and  mental
      hygiene  has  reported for the year 2001 that among children tested, 653
      were  newly  identified  at  or  above  the  department's  environmental
      intervention  blood  lead level, which is a blood lead level equal to or
      exceeding 20 micrograms per deciliter in a single test or  two  reported
      blood  lead  levels  between 15 and 19 micrograms per deciliter at least
      three months apart, and has also reported an overall  incidence  of  931
      children  tested  with  blood  lead  levels  equal  to  or  exceeding 20
      micrograms per deciliter. When a child is identified with  environmental
      intervention  blood  lead  levels,  the city is obligated to investigate
      potential sources of the lead poisoning, incurring  the  expense  of  an
      environmental  investigation  and often times also incurring the expense
      of medical treatment and remedial education, if necessary.  The  council
      finds  that  these  blood  lead  levels  among  New  York  city children
      constitute a severe health crisis and has established as  its  goal  the
      elimination of childhood lead poisoning by the year 2010.
        In  addition, the department of health and mental hygiene has reported
      for the year 2001 that only 29% of children in New York city are  tested
      both  at  age  one  and  age  two for the disease of lead poisoning even
      though the testing of all children at age one and age two  is  mandatory
      under  state  law. The council finds that improved screening among these
      children is critical since children at these ages are at  greatest  risk
      for  lead  poisoning.  The  council  declares  that it is reasonable and
      necessary to increase the rate of blood-lead  testing.  This  local  law
    
      requires  the  department  of health and mental hygiene to report to the
      council on progress toward increasing screening rates and  reducing  the
      incidence  rates  of  children newly identified with elevated blood lead
      levels.
        The  council  further finds that the administration and enforcement of
      the City's lead poisoning prevention programs can be better coordinated.
      While it is intended that the department  of  housing  preservation  and
      development  remain  the  agency  responsible for the implementation and
      enforcement of this article, it is also intended that the department  of
      health  and  mental  hygiene  shall  have  a  significant  role  in  the
      promulgation and interpretation of  rules  and  in  the  development  of
      necessary procedures pursuant to this article.