Operative Text
A. Lead-based paint shall not be applied to any exterior or interior surface. B. Prohibited methods. The following methods of paint removal shall not be used: (1) Open flame burning or torching. (2) Machine sanding or grinding without a high-efficiency particulate air (HEPA) local exhaust control. (3) Abrasive blasting or sandblasting without HEPA local exhaust control. (4) Heat guns operating above 1,100° F. or charring the paint. (5) Dry sanding or dry scraping, except dry scraping in conjunction with heat guns or within 1.0 foot of electrical outlets, or when treating defective paint spots totaling no more than 2 square feet in any one interior room or space, or totaling no more than 20 square feet on exterior surfaces. (6) Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance in accordance with regulations of the Consumer Product Safety Commission at 16 CFR 1500.3 , and/or a hazardous chemical in accordance with the Occupational Safety and Health Administration regulations at 29 CFR 1910.1200 or 1926.59 , as applicable to the work. C. Worksite preparation. The worksite shall be prepared in accordance with § 90-59B . D. Specialized cleaning. After hazard reduction activities have been completed, the worksite shall be cleaned using cleaning methods, products and devices that are successful in cleaning up dust-lead hazards, such as a HEPA vacuum or other method of equivalent efficacy, and lead-specific detergents or equivalent. E. De minimis levels. Safe work practices are not required when maintenance or hazard reduction activities do not disturb painted surfaces that total more than: (1) Twenty square feet on exterior surfaces; (2) Two square feet in any one interior room or space; or (3) Ten percent of the total surface area on an interior or exterior type of component with a small surface area. Examples include windowsills, baseboards, and trim.
Rochester, N.Y., Code of Ordinances ch. 90 § 90-60 establishes safe work practices governing how lead-based paint may be handled during maintenance and hazard reduction activities. The provision bans the application of lead-based paint to any surface and prohibits specific removal methods—such as open-flame torching, uncontrolled machine sanding, and dry scraping beyond defined thresholds—that are known to generate hazardous lead dust. Worksites must be properly prepared and thoroughly cleaned with HEPA-rated equipment or equivalent methods after work is completed. These requirements do not apply when the disturbed painted surface area falls below the de minimis thresholds specified in the ordinance.
Plain English — not legal advice.
Property owners and managers operating in Rochester should be familiar with § 90-60 and ensure that any contractor or maintenance worker performing paint disturbance work follows its requirements. Compliant operators typically verify that prohibited removal methods—including open-flame burning, uncontrolled machine sanding, and dry scraping beyond the ordinance's square-footage limits—are not used on their properties. After hazard reduction work, compliant operators confirm that worksites are cleaned using HEPA vacuums or equivalent equipment and lead-specific detergents, and they document that worksite preparation followed the standards referenced in § 90-59B.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Rochester have an interest in knowing that § 90-60 sets binding safe-work-practice requirements for any lead paint disturbance work performed in or around their homes. If work is being done that appears to involve prohibited methods—such as open-flame torching or uncontrolled sanding of painted surfaces—tenants may raise concerns with local code enforcement or housing authorities. Tenant-rights organizations in the Rochester area can help residents understand what documentation to request and what general enforcement paths, such as filing a complaint with the city, may be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation