[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:
Pertaining to or composed of dust or distinct particles carried
by or in the air.
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.
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.
A high efficiency filter that filters out fine particles
of dust at 0.3 microns in size.
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.
Any individual, corporation, employee, company, association,
firm or partnership.
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.
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.
[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.
