Section 27-2056.9. Department Inspections

a. When entering a dwelling unit
  in a multiple dwelling constructed prior to  January  1,  1960  for  the
  purpose  of  investigating  the existence of any violation of this code,
  the department shall make diligent efforts to ascertain whether a  child
  of applicable age resides therein and shall request from the occupant an
  acknowledgement as to whether such a child resides in the dwelling unit.
  Whenever  a  child  of  applicable  age  resides in a dwelling unit, the
  department shall immediately perform a room-by-room  inspection  of  the
  dwelling  unit  and  record for each room in a report of such inspection
  whether the paint or other similar surface-coating material in each room
  is peeling or intact. For each room where peeling paint  is  found,  the
  department  shall  also inspect for evidence of an underlying defect and
  shall indicate on the inspection report  the  peeling  paint's  location
  within  the  room,  the  condition  of  the subsurface below it, and the
  location of any underlying defect. When performing such inspection,  the
  department  need  only inspect those portions of the dwelling unit where
  furniture or other furnishings do not obstruct the view  of  a  surface,
  except  when  there  is  visible  evidence that causes the department to
  believe that the obstructed  surface  has  peeling  paint.  Where,  upon
  conducting  an  inspection, the department determines the existence of a
  condition constituting a violation of this article, the department shall
  serve a notice of violation within ten additional days.
    b. In any dwelling unit  in  a  multiple  dwelling  erected  prior  to
  January  1, 1960 where a child of applicable age resides, the department
  shall conduct an inspection pursuant to subdivision a of this section no
  later than ten days  after  the  department's  receipt  of  a  complaint
  describing  peeling  paint,  or  a deteriorated subsurface or underlying
  defect in the dwelling unit. The department shall make diligent  efforts
  to  ascertain  whether  a child of applicable age resides therein. Where
  the department attempts to perform an  inspection  of  a  dwelling  unit
  within  the  time  period  required by this subdivision but is unable to
  gain access, the department shall  be  required  to  make  a  reasonable
  attempt  to  gain  access to such dwelling unit within five days of such
  attempt. If the department is unable to gain  access  to  that  dwelling
  unit  during  this  additional time period, the department shall provide
  written notice to the occupant of such dwelling  unit  that  no  further
  attempts at access shall be made unless a new complaint is submitted.
    c. Each inspector who performs an inspection pursuant to subdivision b
  of  this  section  shall  use  an x-ray fluorescence analyzer during the
  course of that inspection  to  determine  whether  lead-based  paint  is
  present  in  such  dwelling  unit  except  that,  for reasons beyond the
  control of the department, such x-ray fluorescence analysis is unable to
  be performed during such inspection, the department shall  rely  on  the
  presumption  set  forth  in  subdivision  a of section 27-2056.5 of this
  article. Where peeling paint is found during an inspection of a dwelling
  unit performed pursuant to subdivision a of this section, the department
  shall within ten days thereafter  perform  another  inspection  of  such
  dwelling  unit using an x-ray fluorescence analyzer to determine whether
  lead-based  paint  is  present  in  such  dwelling  unit.  Where,   upon
  conducting  an  inspection, the department determines the existence of a
  condition constituting a violation of this article, the department shall
  serve a notice of violation within ten additional days.
    d. The pamphlet developed by  the  department  of  health  and  mental
  hygiene  pursuant  to  section  17-179 of this code shall be left at the
  premises of the dwelling unit at the time of an inspection made  by  the
  department pursuant to this section.
    e.  The department shall develop a pamphlet listing the work practices
  to be established pursuant to section 27-2056.11 of this  article.  Such

  pamphlet  shall  be  delivered by the department in conjunction with all
  notices of violation issued pursuant to paragraph one of  subdivision  l
  of  section  27-2115 of this code. Failure to include such pamphlet with
  such  notices of violation shall not render null and void the service of
  such notices of violation. Such pamphlet shall also be made available to
  any member of the public upon request.
    f.  Notwithstanding  any  other  provision  of  law,  failure  by  the
  department or the department of health and mental hygiene to comply with
  any  time  period  provided  in  this article or section 27-2115 of this
  chapter  relating  to  responsibilities  of  the  department   and   the
  department  of health and mental hygiene, shall not render null and void
  any notice of violation issued by the department or  the  department  of
  health and mental hygiene pursuant to such article or section, and shall
  not  provide  a  basis for defense or mitigation of an owner's liability
  for civil penalties for violation of such article.