Section 27-2056.2. Definitions

Whenever used in this article the following
  terms shall have the following meanings:
    (1) "Chewable surface" shall mean a protruding interior window sill in
  a dwelling unit in a multiple dwelling where a child of  applicable  age
  resides  and  which  is  readily  accessible  to  such  child. "Chewable
  surface" shall also mean any other type of interior edge  or  protrusion
  in  a  dwelling  unit  in  a multiple dwelling, such as a rail or stair,
  where there is evidence that such other  edge  or  protrusion  has  been
  chewed  or  where  an  occupant  has  notified the owner that a child of
  applicable age who resides in that  multiple  dwelling  has  mouthed  or
  chewed such edge or protrusion.
    (2)  "Common area" shall mean a portion of a multiple dwelling that is
  not within a dwelling unit and is regularly used by occupants for access
  to and egress from any dwelling unit within such multiple dwelling.
    (3) "Deteriorated  subsurface"  shall  mean  an  unstable  or  unsound
  painted  subsurface,  an  indication  of which can be observed through a
  visual inspection, including, but not  limited  to,  rotted  or  decayed
  wood,  or  wood  or  plaster  that  has  been  subject  to  moisture  or
  disturbance.
    (4) "Friction Surface" shall mean any painted surface that touches  or
  is  in  contact  with  another  surface,  such that the two surfaces are
  capable of relative motion and abrade, scrape, or bind when in  relative
  motion.   Friction surfaces shall include, but not be limited to, window
  frames and jambs, doors, and hinges.
    (5) "Impact Surface" shall mean  any  interior  painted  surface  that
  shows  evidence,  such  as  marking,  denting,  or  chipping, that it is
  subject to damage by repeated sudden force, such  as  certain  parts  of
  door frames, moldings, or baseboards.
    (6)  "Lead-based  paint hazard" shall mean any condition in a dwelling
  or dwelling unit that causes exposure  to  lead  from  lead-contaminated
  dust,  from  lead-based  paint that is peeling, or from lead-based paint
  that is present on chewable surfaces, deteriorated subsurfaces, friction
  surfaces, or impact surfaces that would result in adverse  human  health
  effects.
    (7)  "Lead-based  paint"  shall  mean  paint  or other similar surface
  coating material containing 1.0 milligrams of lead per square centimeter
  or greater, as  determined  by  laboratory  analysis,  or  by  an  x-ray
  fluorescence  analyzer.  If  an  x-ray  fluorescence  analyzer  is used,
  readings shall  be  corrected  for  substrate  bias  when  necessary  as
  specified  by  the  performance  characteristic  sheets  released by the
  United States environmental protection  agency  and  the  United  States
  department  of  housing  and  urban  development  for the specific x-ray
  fluorescence  analyzer  used.  X-ray  fluorescence  readings  shall   be
  classified  as positive, negative or inconclusive in accordance with the
  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)  and  the  performance  characteristic  sheets
  released  by  the  United States environmental protection agency and the
  United States department  of  housing  and  urban  development  for  the
  specific  x-ray  fluorescence analyzer used. X-ray fluorescence readings
  that fall within the inconclusive zone, as determined by the performance
  characteristic sheets, shall be  confirmed  by  laboratory  analysis  of
  paint  chips, results shall be reported in milligrams of lead per square
  centimeter  and  the  measure  of  such  laboratory  analysis  shall  be
  definitive.  If  laboratory  analysis is used to determine lead content,
  results shall be reported in milligrams of lead per  square  centimeter.
  Where  the  surface  area  of  a  paint chip sample cannot be accurately
  measured or if an  accurately  measured  paint  chip  sample  cannot  be

  removed,  a laboratory analysis may be reported in percent by weight. In
  such case, lead-based paint  shall  mean  any  paint  or  other  similar
  surface-coating  material  containing  more  than 0.5% of metallic lead,
  based  on  the  non-volatile  content  of  the  paint  or  other similar
  surface-coating material.
    (8) "Lead-contaminated dust" shall mean dust containing lead at a mass
  per area concentration of 40 or more micrograms per  square  foot  on  a
  floor,  250  or more micrograms per square foot on window sills, and 400
  or more micrograms per  square  foot  on  window  wells,  or  such  more
  stringent  standards  as  may be adopted by the department of health and
  mental hygiene.
    (9) "Lead-contaminated dust clearance test"  shall  mean  a  test  for
  lead-contaminated  dust  on  floors, window wells, and window sills in a
  dwelling, that is made in accordance with  section  27-2056.11  of  this
  article.
    (10)  "Peeling"  shall  mean  that  the paint or other surface-coating
  material is curling, cracking, scaling, flaking,  blistering,  chipping,
  chalking  or  loose in any manner, such that a space or pocket of air is
  behind a portion thereof or  such  that  the  paint  is  not  completely
  adhered to the underlying surface.
    (11)   "Remediation"  or  "Remediate"  shall  mean  the  reduction  or
  elimination of a lead-based paint hazard through the  wet  scraping  and
  repainting,   removal,   encapsulation,  enclosure,  or  replacement  of
  lead-based paint, or other method approved by the commissioner of health
  and mental hygiene.
    (12) "Rule" or "rules" shall mean a rule or rules promulgated pursuant
  to section 1043 of the New York city charter.
    (13) "Turnover" shall mean the occupancy of a dwelling unit subsequent
  to the termination of a tenancy and the vacatur by  a  prior  tenant  of
  such dwelling unit.
    (14) "Underlying defect" shall mean a physical condition in a dwelling
  or  dwelling  unit  that  is  causing  or  has caused paint to peel or a
  painted surface to deteriorate or fail, such as a structural or plumbing
  failure that allows water to intrude into a dwelling or dwelling unit.
    (15) "Window" shall mean the non-glass parts of  a  window,  including
  but  not  limited  to  any window sash, window well, window jamb, window
  sill, or window molding.