Section 27-2056.10. Department Implementation and Enforcement  


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  • a.  The
      department shall  provide  appropriate  training  for  lead-based  paint
      inspection and supervisory personnel. Department personnel who conduct a
      visual  inspection pursuant to this article shall receive training which
      at a minimum, shall be  the  training  approved  by  the  United  States
      department  of  housing  and urban development for performance of visual
      inspections.  Department  personnel   who   perform   lead-based   paint
      inspections  using  XRF  machines shall receive training required by the
      Untied  States  environmental  protection  agency  pursuant  to  section
      745.226(b)  of  title 40 of the code of federal regulations or successor
      regulations. Training of all inspection and supervisory personnel  shall
      also  include  background information pertaining to applicable state and
      local lead-based paint laws and guidance on identifying violations in  a
      multiple  dwelling,  and  require  that  the individual has successfully
      demonstrated  knowledge  of  the  requirements  of  this  article.   The
      department  shall provide for the continuing education of inspection and
      supervisory personnel.
        b. The department, with the approval of the department of  health  and
      mental  hygiene,  shall  promulgate a comprehensive written procedure to
      guide department personnel in implementing and enforcing  this  article.
      Where feasible, such procedures shall establish a uniform method for the
      department  of  health  and mental hygiene and the department, following
      the method implemented by the department of health and  mental  hygiene,
      to  describe  violations  and  identify  their location in a dwelling or
      dwelling unit. Such procedures shall include a methodology and a form to
      be used by department personnel when conducting an inspection  to  carry
      out  and  record  an  inspection  pursuant  to section 27-2056.9 of this
      article.
        c. The department shall promulgate rules for  the  implementation  and
      enforcement of this article and to effect compliance with all applicable
      provisions  of  this  article,  rules  promulgated  thereunder,  and all
      applicable city, state or federal laws, rules or regulations. Such rules
      shall be subject to the approval of the department of health and  mental
      hygiene  prior  to  their  promulgation  and  shall  include, but not be
      limited to, establishing:
        (1) uniform specifications and procedures to govern testing, including
      a standardized format for reporting such testing results, whenever paint
      or a similar surface-coating material is tested for  its  lead  content,
      whether  by  or  on  behalf  of an owner or an agency of the city of New
      York;
        (2) procedures by which an owner shall comply with  section  27-2056.4
      of this article, including the form and content of the annual notice;
        (3)  procedures  by which an owner shall submit rebuttal documentation
      to the department pursuant to 27-2056.5 of this article;
        (4) procedures by which an  owner  may  apply  to  the  department  to
      postpone  the  date  by which a violation shall be corrected pursuant to
      subdivision l of section  27-2115  of  this  code,  including,  but  not
      limited  to,  the stabilization of the paint which is the subject of the
      violation where an owner requests  a  second  postponement  of  time  to
      correct  a violation in accordance with subdivision l of section 27-2115
      of this code; and
        (5) procedures to implement and to enforce compliance  with  paragraph
      two  of  subdivision  l  of  section  27-2115  of this code, which shall
      include, but not be limited to, the requirement that  an  owner  certify
      to:
        (i) the correction of a violation of this article of the code, and
        (ii)  compliance with the rules promulgated by the department pursuant
      to section 27-2056.11 of this code; and
    
        (6) procedures to be established  by  the  department  of  health  and
      mental  hygiene  to  order  or  provide  for the expeditious cleanup and
      removal of lead-contaminated dust when  the  department  of  health  and
      mental  hygiene  determines  that  there  is lead-contaminated dust in a
      dwelling unit where a child of applicable age resides, such child has an
      elevated  blood  level,  and the department of health and mental hygiene
      determines that the source of  that  lead-contaminated  dust  is  not  a
      condition of the dwelling in which such dwelling unit is located.