Buffalo, N.Y., Code of Ordinances ch. 261 § 261-1

In this chapter, certain words, terms and phrases and their derivatives shall be construed and given the meanings specified below: ABATEMENT Any set of measures design to permanently eliminate lead-based paint or lead-based paint hazards. "Abatement" includes: A. The removal of lead-based paint and dust-lead hazards, the permanent enclosure or encapsulation of lead-based paint, the replacement of components or fixtures painted with lead-based paint, and the removal or permanent covering of soil-lead hazards; and B. All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with such measures. Permanent for purposes of this definition shall mean an expected design life of at least 20 years. CERTIFIED LEAD-BASED PAINT INSPECTOR An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , and certified by the EPA pursuant to 40 CFR 745.226 to conduct lead-based paint inspections, whose approval to conduct such inspections in the City is not subject to suspension or revocation after a finding of non-responsibility pursuant to § 261-11 . A certified lead-based paint inspector also samples for the presence of lead in dust and soil for the purposes of clearance testing. CERTIFIED LEAD DUST WIPE TECHNICIAN An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , and certified by the EPA pursuant to 40 CFR 745.226 to conduct lead dust wipe tests, whose approval to conduct such dust wipe tests in the City is not subject to suspension or revocation after a finding of non-responsibility pursuant to § 261-11 . CERTIFIED RISK ASSESSOR An individual who has been trained by an accredited training program, as defined by 40 CFR 745.223 , and certified by the EPA pursuant to 40 CFR 745.226 to conduct risk assessments, whose approval to conduct such risk assessments in the City is not subject to suspension or revocation after a finding of non-responsibility pursuant to § 54-8I. A certified risk assessor also samples for the presence of lead in dust and soil for the purpose of clearance testing. COMMISSIONER The Commissioner of the Department of Permit or Inspection Services or his designee. COMMON AREA A portion of a residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, hallways, stairways, porches, basements, attics, garages and boundary fences. CONTAINMENT A process to protect workers and the environment by controlling exposure to the lead contaminated dust and debris created during a hazard reduction. Containment includes the physical measures taken to ensure that the dust and debris created or released during lead-based paint hazard reduction are not spread, blown or tracked from inside to outside the work area. DEPARTMENT The Department of Permit and Inspection Services, an agency within the executive branch of the City of Buffalo. "Department" shall be construed to include employees of the department acting within the scope of their employment. DETERIORATED PAINT Any interior or exterior paint or other coating that, through a visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate, or a chewable surface that contains visual signs of chewing. DWELLING UNIT A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile or residence of one or more human beings. Wherever the word "dwelling" or "dwelling unit" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." INTERIM CONTROLS Activities intended to make dwelling units lead safe by temporarily controlling lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, and on-going monitoring of lead-based paint hazards or potential hazards, as well as the establishment and operation of management and resident education programs. LEAD DUST WIPE SAMPLE A sample collected by wiping a representative surface of a known area with an acceptable wipe material and process as defined in ASTM E 1792, "Standard Specification for Wipe Sampling Materials for Lead in Surface Dust." LEAD HAZARD or LEAD-BASED PAINT HAZARD Any paint located in a property constructed prior to January 1, 1978 that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that could result in adverse human health effects when ingested or inhaled. LEAD SAFE WORK PRACTICES The method by which all lead hazard control activities are performed. This includes, but is not limited to, implementing those dust control and clean-up methods discussed in the EPA Renovation, Repair and Painting Rule or as approved by the Commissioner. These work methods are intended to limit the exposure of workers and occupants to lead dust and debris during correction and control of lead hazards and during regular maintenance, painting, or renovation performed in housing constructed prior to January 1, 1978. These methods include, but are not limited to: A. Interior Containment: (1) Removing all objects in the work area or covering all objects in the work area with plastic sheeting or other disposable impermeable material. (2) Closing and covering all forced air HVAC ducts in the work area with plastic sheeting or other disposable impermeable material. (3) Closing all windows in the work area. (4) Covering the floor surface, including installed carpet, in the work area with taped-down plastic sheeting or other disposable impermeable material. B. Exterior Containment: (1) Covering the ground with plastic sheeting or other disposable impermeable material extending 10 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater. (2) Closing all doors and windows within 20 feet of the renovation. On multi-story buildings, close all doors and windows within 20 feet of the renovation on the same floor as the renovation, and close all doors and windows on all floors below that are the same horizontal distance from the renovation. (3) Taking additional precautions in containing the designated work area to ensure that dust and debris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties, as needed. (4) Avoiding working in high winds whenever possible to keep dust and debris from migrating from designated work area to adjacent properties. C. General Minimization of Exposure to Lead Dust and Debris: (1) Closing and sealing all doors in the work area. Doors within the work area that must be used while the job is being performed must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through, while confining dust and debris to the work area. (2) Wet scraping of deteriorated painted surfaces. (3) Thorough cleaning, including HEPA vacuuming and wet cleaning of work area, to remove any dust residue. (4) All personnel, tools, and other items, including the exterior of containers of waste, must be free of dust and debris when leaving the work area. RENOVATION The modification of any existing structure, or portion thereof, which results in the disturbance of painted surfaces. The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, window replacement, surface preparation activity [such as sanding, scraping, or other such activities that may generate paint dust]); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. RENOVATION, REPAIR AND PAINTING RULE (RRP) CERTIFICATION EPA-required certification for all home improvements contractors, property management firms, handymen or others compensated for renovation work that involves window replacement or that disturbs more than six square feet of interior and/or 20 square feet of exterior paint or surface coating in pre-1978 residential housing and child-occupied facilities. The individual or entity must complete training, use safe work practices and verify that the work area is clean after completion of renovations. STOP WORK ORDER A written notice demanding that all renovation activities immediately stop due to failures to ensure proper use of lead safe work practices, when necessary. SUBSTANTIAL RENOVATION When the cost of such renovation or remodeling made within any six-month period exceeds 50% of the assessed value of the building at the beginning of that six-month period; or whenever more than 50% of any building system, measured in units appropriate to that system, is replaced within any 12-month period. WORK PLAN or LEAD-BASED PAINT HAZARD REDUCTION PLAN The specific methods, including interim controls and component replacement, proposed to reduce or eliminate human exposure to lead-based paint hazards identified at a dwelling and to prevent exposure to the dust and debris generated by routine maintenance, painting, or renovation in housing constructed prior to January 1, 1978.