[Added 11-10-2005 by BOH Ord. No. 2005-01]
As used in this article, the following terms shall have the meanings
indicated:
The use for the removal of lead paint 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 being released into the environment.
A high-efficient filter that filters out fine particles of dust at
99.7% of fine particles at 0.3 microns in size.
Paint that contains more than 0.5% by dry weight of lead as determined
by a laboratory certified by the State of New Jersey or that contains more
than one milligram of lead per square centimeter of paint surface when measured
by an X-ray fluorescence (XRF) analyzer.
A permit obtained through the Health Department for the removal of
exterior lead paint, or paint suspected of containing lead, at a fee of $10
per house or other structure.
Any individual, corporation, employee, company, association, firm
or partnership.
The use for the removal of paint 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 contain
and control chips and dust from being released into the environment.
A.
No person shall remove lead-based paint, or paint suspected
of containing lead, on the exterior surfaces of a house or other structure
without obtaining a permit through the Health Department and prominently displaying
same at the proposed work site.
B.
No person shall remove lead-based paint, or paint suspected
of containing lead, on the exterior surfaces of a house or other structure
by the method of unconfined power sanding.
C.
When exterior lead-based paint is removed by confined
power sanding or other methods, such as scraping, manual sanding or power
washing, drop cloths or other ground cover shall be used to catch chips and
dust from the process of paint removal. Chips and dust that fall onto the
ground shall be cleaned to sight.
D.
Prior to removal of exterior lead-based paint, windows
of the structure being painted shall be closed and sealed with tape or other
barrier to prevent entry of chips and dust into the interior of the structure.
E.
Following paint removal, cleanup of dust and chips on
window surfaces, driveways, sidewalks and other ground surfaces shall be done.
Paint dust and chips shall not be dispersed by blowers or hose water. Paint
chips and dust collected shall be placed in double plastic bags of not less
than three mils each of thickness and not weighing more than 20 pounds.
The requirement of a permit will be waived if no lead-based paint is
present in the dwelling or structure. A determination for relief must first
be made that exterior paint does not contain lead-based paint. Such determination
is based upon the age of the dwelling or structure. If the dwelling or structure
was built in 1978 or later, it is presumed that the federal requirement removing
lead paint from the market would apply and therefore no permit is required.
If the dwelling or structure was built prior to 1978, the owner must submit
to the Board of Health no less than three samples taken at separate locations
on the dwelling or structure of the exterior paint for bulk lead analysis
to a certified laboratory to determine if it is free from lead. If the results
of the sampling show no lead is present, the permit requirement is waived.
A.
Any person who violates any provision of this article
shall be subject to a penalty of not more than $500. Each day that the violation
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 and to clean
and remove leaded paint chips/dust within a reasonable time period may be
issued by the enforcement official.
