Int. No. 1117-A

By Council Members Cumbo, Koslowitz, Ampry-Samuel, Holden, Gjonaj, Ayala, Rosenthal, Levin and Rivera

A Local Law to amend the administrative code of the city of New York, in relation to the availability of lead hazard testing

Be it enacted by the Council as follows:

Section 1. Subdivision b of section 17-179 of chapter 1 of title 17 of the administrative code of the city of New York is amended to read as follows:

b. The department shall develop a pamphlet explaining the hazards associated with lead-based paint and describing the procedures to be used in order for a violation of sections 27-2056.6 and 27-2056.7 of this code to be corrected. The pamphlet shall include appropriate telephone numbers to obtain lead poisoning screening, diagnosis and treatment information and to report unsafe lead-based paint work practices. Such pamphlet shall also describe building owners’ responsibilities under article 14 of subchapter 2 of chapter 2 of title 27, including such building owners’ responsibilities to remediate all lead-based paint hazards and underlying defects upon turnover of any dwelling unit, and such building owners’ responsibilities to annually inspect any dwelling unit where a child of applicable age resides for lead-based paint hazards. Such pamphlet shall be made available in accordance with section 27-2056.9 of this code. Such pamphlet shall also be made available to any member of the public upon request, and shall be available in any designated citywide language, as defined by section 23-1101 of this code.

§ 2. Subchapter 1 of chapter 9 of title 17 of the administrative code of the city of New York, as added by a local law for the year 2019 amending the administrative code of the city of New York, relating to investigation by the department of health and mental hygiene of places in which children identified with elevated blood lead levels routinely visit and the regulation of lead-based paint hazards in facilities providing day care services as proposed in introduction number 464-b, is amended by adding a new section 17-915 to read as follows:

§ 17-915 Lead hazard inspection and testing. When the parent or guardian of a child of applicable age seeks a service from a covered agency for such child, such agency shall provide a parent or guardian of such child with a pamphlet developed by the department of health and mental hygiene pursuant to section 17-179 of this code, and inform a parent or guardian of such child that they may, without cost or payment:

a. obtain an inspection conducted by the department of housing preservation and development or its successor agency for peeling paint, a deteriorated subsurface, or an underlying defect in their multiple dwelling rental unit  by calling 311; and

b. obtain a lead testing kit for drinking water from the department of environmental protection, have a sample of their drinking water sent to a laboratory for analysis, and receive the results of such analysis within 30 days of such sample being tested. 

§ 3. This local law takes effect on the same date as a local law amending the administrative code of the city of New York, relating to investigation by the department of health and mental hygiene of places in which children identified with elevated blood lead levels routinely visit and the regulation of lead-based paint hazards in facilities providing day care services, as proposed in introduction number 464-b for the year 2018, takes effect, except that the commissioner of health and mental hygiene may take such actions as are necessary for implementation of this local law, including the promulgation of rules, before such date.

ZH

LS 7671

2/19/19