Lead Base Paint shall mean 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 (1) milligram of lead per square centimeter of paint surface when measured by an x-ray fluorescence (XRF) analyzer.
Person shall mean any individual, corporation, employee, company, association, firm or partnership.
Confined Power Sanding shall mean the use for the removal of lead paint of electric or hydraulic powered sanding tools that have attachments that while sanding paint simultaneously vacuums dust and chips into a HEPA filtered vacuum device or otherwise contain and control chips and dusts from being released into the environment.
Unconfined Power Sanding shall mean the use for the removal of paint of electric or hydraulic powered sanding tools that do not have attachments that while sanding paint simultaneously vacuums dust and chips into a HEPA filtered vacuum device or otherwise contain and control chips and dust from being released into the environment.
HEPA Vacuum shall mean a high efficient filter that filters out fine particles of dust at 99.7% of fine particles at 0.3 microns in size.
Permit shall mean a permit obtained through the Health Department for the removal of exterior lead paint, or paint suspected of containing lead at a fee of ten ($10.00) dollars per structure.
No person shall remove lead base 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.
No person shall remove lead base paint, or paint suspected of containing lead on the exterior surfaces of a house or other structure by the method of unconfined power sanding.
When exterior lead base 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.
Prior to removal of exterior lead base paint, windows of the structures being painted shall be closed and sealed with tape or other barrier to prevent entry of chips and dust into the interior of the house.
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 (3) mils each of thickness and not weighing more than twenty (20) pounds.
Collected paint chips and dust may be left with the owner or resident and shall be disposed of in accordance with local regulations covering regular municipal household garbage collection.
Hoses to vacuums shall not be longer than fifty (50) feet or more than recommended by the vacuum manufacturer, whichever is less. If the vacuum is attached to a "Y" connector each hose shall not be more than twenty-five (25) feet in length.
HEPA filters shall be replaced as necessary in order to keep the vacuum system operating properly. Excessive amounts of dust shall not be allowed to escape during power sanding operations.
Contractors shall give written notification to property owners and occupants as to the nature of the job being performed, the hazards of lead and the procedures being employed for lead paint cleaning.
Contractors involved in lead paint removal will provide their workers with disposable overalls, which must be worn during the removal of lead paint and discarded daily.
[Ord. No. BH#95 § 1]
Any person who violates any provision of this chapter shall be subject to a penalty of not less than fifty ($50.00) dollars and not more than five hundred ($500.000) dollars. Each day that the violation continues shall constitute a separate offense.
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.