[HISTORY: Adopted by the Board of Health of the Borough of Leonia 5-17-2002 by Ord. No. BOH 02-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CONFINED POWER SANDING
- 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 dust from being released into the environment.
- HEPA SANDER
- An electric sander equipped with a specially designed shroud or containment system where all exhaust air is passed through a HEPA filter.
- HEPA VACUUM
- A high-efficient filter that filters out fine particles of dust at 99.7% of fine particles at 0.3 microns in size.
- LEAD BASE PAINT
- Paint that contains more than 0.5% by dry weight of lead, or that contains more than one milligram of lead per square centimeter of paint surface when measured by an x-ray fluorescence (XRF) analyzer.
- Any individual, corporation, employee, company, association, firm or partnership.
- UNCONFINED POWER SANDING
- 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.
No person shall remove lead base paint 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 HEPA sander or other approved methods such as wet scraping, plastic sheeting for ground cover shall be used as much as possible to catch chips and dust from these methods of paint removal. Plastic sheeting shall extend at least 10 feet out from the building when work is being performed on the first story and three feet per story thereafter. The plastic sheeting shall also be secured to the side of the building with tape or other anchoring system so that no gap exists between the plastic sheeting and building. All chips and dust which fall onto the ground shall be completely cleaned to sight.
The following paint removal methods are prohibited:
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 mils each of thickness and not weighing more than 20 pounds.
Collected paint chips and dust shall be left double bagged with the owner or resident and shall be disposed of in the regular municipal household garbage collection.
Any person who violates any provision of this chapter shall be subject to a penalty not less than $100 nor more than $500. 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 or to clean and remove leaded paint chips and dust within a reasonable time period may be issued by the enforcement official.
If any section, paragraph, subparagraph, clause or provision of this chapter shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the chapter shall be deemed valid and effective.
The terms and provisions of this chapter shall be interpreted to be consistent with the provisions of the Uniform Construction Code, the Borough's Property Maintenance Code, the Uniform Fire Code and/or the statutes governing lead base paint, including, but not limited to, N.J.S.A. 24:14A-1 et seq.