[HISTORY: Adopted by the Board of Health of the Borough of Chatham 9-9-2004 by Ord. No. BH-04-02. Amendments noted where applicable.]
This chapter shall be enforced by the Health Officer, or his or her designee, in accordance with the provisions of this chapter.
As used in this chapter, words and terms shall have the following meanings:
AIRBORNE PARTICULATE
Pertaining to or composed of dust or distinct particles carried by or in the air.
CONFINED POWER SANDING FOR THE REMOVAL OF PAINT
The use of electric or hydraulic powered sanding tools that have attachments that, while sanding paint, simultaneously vacuum dust and chips into a HEPA-filtered vacuum device or otherwise contain and control chips and dust from leaving the immediate work area.
CONFINED SANDBLASTING FOR THE REMOVAL OF PAINT
The use of a stream of abrasive particles, normally sand, for the removal of paint. The abrasive particles are confined by an associated vacuum system and/or a curtain surrounding the area being sand blasted to prevent dust as small as 0.3 microns in size and chips from getting away from the immediate work area.
HEPA VACUUM
A high efficiency filter that filters out fine particles of dust at 0.3 microns in size.
HOUSE or STRUCTURE
A detached single-family or two-family dwelling, or accessory building or structure, as defined in § 165-10, Definitions, of Ch. 165, Land Development Regulations, of the Code of the Borough of Chatham.
[Added 2-13-2020 by Ord. No. BOH 20-05]
IMMEDIATE WORK AREA
The space defined by an envelope surrounding the painted structure and no greater than 10 feet away horizontally and entirely on the property of the structure being prepped.
PERSON
Any individual, corporation, employee, company, association, firm or partnership.
UNCONFINED POWER SANDING FOR THE REMOVAL OF PAINT
The use of electric or hydraulic powered sanding tools that do not have attachments, that while sanding paint, simultaneously vacuum dust and chips into a HEPA-filtered vacuum device or otherwise contains and controls chips and dust from leaving the immediate work area.
UNCONFINED SANDBLASTING FOR THE REMOVAL OF PAINT
Not using a vacuum system or curtain surrounding the area being blasted or other techniques to control paint chips and dust from leaving the immediate work area.
A. 
No person shall remove paint on the exterior surfaces of a house or structure by the method of unconfined power sanding, unconfined sandblasting or any other methods that generate and propel airborne particulates or paint chips out of the immediate work area.
B. 
Prior to removal of exterior paint, windows, doors and vents (excludes roof vents) shall be sealed with tape or other approved methods, to prevent entry of airborne particulates or paint chips into the interior of the structure, and tarpaulins, drop cloths or plastic ground cover shall be utilized to prevent airborne particulates and paint chips from contaminating soil.
C. 
When exterior paint is removed by confined power sanding, confined sandblasting or other methods such as scraping or manual sanding, the airborne particulates and paint chips shall be contained in the immediate work area.
D. 
At the completion of paint removal for the day, the responsible person shall clean up of all particulates and paint chips. The cleanup includes all surfaces, including but not limited to window surfaces, driveways, sidewalks, vegetation and planting areas. Particulates and paint chips shall not be dispersed by blowers or hose water.
E. 
Paint, particulates and paint chips collected from tarpaulins, drop cloths or plastic ground cover and HEPA vacuum equipment shall be placed in double plastic bags, and disposed of as household garbage.
F. 
The owner of the adjoining property must be notified by the person engaged in paint removal activity or conduct as set forth in this section in the event of migration of particulates and paint chips to adjoining properties. Surface preparation must be halted until the affected areas are thoroughly cleaned and adjustments to the preparation procedures are instituted.
G. 
Failure to adhere to the prohibitions or follow the requirements of this section shall constitute a violation of this chapter and subject the person engaged in paint removal activity or conduct to the violations and penalties provisions of § 294-4.
[Amended 2-13-2020 by Ord. No. BOH 20-05]
A. 
Any person who commits a violation of this chapter shall, upon conviction thereof, be subject to the penalties provided in Chapter 274. Each day that the violations continues shall constitute a separate offense.
B. 
In lieu of issuing a summons or complaint in Municipal Court, an order to immediately cease unconfined power sanding or to clean and remove paint particulates and paint chips within a reasonable time period may be issued by the Health Officer or his or her designee.