Control of Lead Poisoning - NYS Public Health Law, Title 10 of Article 13

    § 1370. Definitions.  When used in this title, the following words and
  phrases  shall  have  the following meanings, unless the context clearly
  requires otherwise:
    1. "Dwelling" means  a  building  or  structure  or  portion  thereof,
  including  the  property  occupied  by and appurtenant to such dwelling,
  which is occupied in whole or in part as the home, residence or sleeping
  place of one or more  human  beings  and  shall,  without  limiting  the
  foregoing, include child care facilities for children under six years of
  age, kindergartens and nursery schools.
    2.  "Area  of  high  risk"  means  an  area  designated as such by the
  commissioner or  his  representative  and  consisting  of  one  or  more
  dwellings  in  which a condition conducive to lead poisoning of children
  is present.
    3. "A condition conducive to lead poisoning" means: (i) paint or other
  similar  surface-coating  material  containing  lead  in   a   condition
  accessible  for  ingestion or inhalation or where peeling or chipping of
  the paint or other similar surface-coating material occurs or is  likely
  to  occur;  and  (ii) other environmental conditions which may result in
  significant lead exposure.
    4. "Program" means  the  lead  poisoning  prevention  program  in  the
  department established pursuant to section thirteen hundred seventy-a of
  this title.
    5.  "Council"  means the advisory council on lead poisoning prevention
  established pursuant to  section  thirteen  hundred  seventy-b  of  this
  title.
    6.  "Elevated  lead  levels"  means a blood lead level greater than or
  equal to ten micrograms of lead per deciliter of  whole  blood  or  such
  blood  lead  level  as  may be established by the department pursuant to
  rule or regulation.
    7. "Person" means any natural person.
    §  1370-a.  Lead poisoning prevention program. 1. The department shall
  establish a lead poisoning prevention program.  This  program  shall  be
  responsible for establishing and coordinating activities to prevent lead
  poisoning and to minimize risk of exposure to lead. The department shall
  exercise  any  and  all  authority  which  may  be  deemed necessary and
  appropriate to effectuate the provisions of this title.
    2. The department shall:
    (a) promulgate and enforce  regulations  for  screening  children  and
  pregnant  women  for  lead  poisoning, and for follow up of children and
  pregnant women who have elevated blood lead levels;
    (b) enter into interagency agreements  to  coordinate  lead  poisoning
  prevention,  exposure reduction, identification and treatment activities
  and lead reduction  activities  with  other  federal,  state  and  local
  agencies and programs;
    (c)  establish  a  statewide  registry  of children with elevated lead
  levels provided such information is monitored as confidential except for
  (i) disclosure for medical treatment purposes; and  (ii)  disclosure  of
  non-identifying epidemiological data; and
    (d)  develop  and  implement  public  education and community outreach
  programs on lead exposure, detection and risk reduction.
    3. The department shall identify and designate a zip code  in  certain
  counties  with  significant  concentrations  of children identified with
  elevated blood lead levels for purposes of implementing a pilot  program
  to  work in cooperation with local health officials to develop a primary
  prevention plan for each such zip code identified to prevent exposure to
  lead-based  paint.  The  commissioner  is  authorized  to   enter   into
  agreements or memoranda of understanding with, and provide technical and
  other   resources  to,  local  health  officials,  local  building  code
  officials, real property owners, and  community  organizations  in  such
  areas  to  create  and  implement policies, education and other forms of
  community  outreach  to  address  lead  exposure,  detection  and   risk
  reduction. Such primary prevention plans shall target children less than
  six  years  of  age  living  in the highest risk housing in the zip code
  identified.  Such  primary  prevention  plans  shall  also   take   into
  consideration  the  extent  the  weatherization assistance or other such
  programs can be used in collaboration with lead-based paint hazard  risk
  reduction.
    §  1370-b.  Advisory  council on lead poisoning prevention. 1. The New
  York state advisory council  on  lead  poisoning  prevention  is  hereby
  established  in  the  department,  to consist of the following, or their
  designees: the commissioner; the commissioner of labor; the commissioner
  of environmental conservation; the commissioner of housing and community
  renewal; the commissioner of social services; and fifteen public members
  appointed by the governor. The public members shall have a  demonstrated
  expertise  or  interest  in  lead  poisoning prevention and at least one
  public member shall be representative of each of  the  following:  local
  government;  community  groups;  labor  unions;  real  estate; industry;
  parents; educators; local housing authorities; child  health  advocates;
  environmental  groups; professional medical organizations and hospitals.
  The public members of the council shall have fixed terms of three years;
  except that five of the initial appointments shall be for two years  and
  five  shall  be  for  one  year.  The  council  shall  be chaired by the
  commissioner or his or her designee.
    2. Members of the advisory council shall  serve  without  compensation
  for  their  services,  except that each of them may be allowed necessary
  and actual expenses which he or she shall incur in  the  performance  of
  his or her duties under this article.
    3.  The  council  shall  meet  as  often as may be deemed necessary to
  fulfill its responsibilities.  The  council  shall  have  the  following
  powers and duties:
    (a)  To  develop  a  comprehensive  statewide  plan  to  prevent  lead
  poisoning and to minimize the risk of human exposure to lead;
    (b) To coordinate the activities of its member agencies  with  respect
  to environmental lead policy and the statewide plan;
    (c) To recommend the adoption of policies with regard to the detection
  and elimination of lead hazards in the environment;
    (d)  To  recommend  the  adoption  of  policies  with  regard  to  the
  identification and management of children with elevated lead levels;
    (e) To recommend the adoption of policies with regard to education and
  outreach strategies  related  to  lead  exposure,  detection,  and  risk
  reduction;
    (f)  To comment on regulations of the department under this title when
  the council deems appropriate;
    (g) To make recommendations to ensure the  qualifications  of  persons
  performing  inspection  and  abatement  of  lead  through  a  system  of
  licensure and certification or otherwise;
    (h) To recommend strategies for funding the lead poisoning  prevention
  program,  including  but  not  limited to ways to enhance the funding of
  screening through insurance  coverage  and  other  means,  and  ways  to
  financially  assist  property owners in abating environmental lead, such
  as tax credits, loan funds, and other approaches; and
    (i) To report on or before January first of each year to the  governor
  and the legislature concerning the development and implementation of the
  statewide   plan   and   operation   of   the   program,  together  with
  recommendations it deems necessary.
    §  1370-c.  Screening  by health care providers.  1. The department is
  authorized to promulgate regulations establishing the means by which and
  the intervals at which children and pregnant women shall be screened for
  elevated lead levels. The  department  is  also  authorized  to  require
  screening for lead poisoning in other high risk groups.
    2.  Every  physician  or  other  authorized  practitioner who provides
  medical care to children or pregnant women,  shall  screen  children  or
  refer  them  for screening for elevated lead levels at the intervals and
  using  the  methods  specified  in  such  regulations.  Every  licensed,
  registered  or  approved health care facility serving children including
  but  not  limited  to  hospitals,   clinics   and   health   maintenance
  organizations, shall ensure, by providing screenings or by referring for
  screenings,  that  their  patients  receive  screening  for  lead at the
  intervals and using the methods specified in such regulations.
    3. The health practitioner who screens any child for lead shall give a
  certificate of screening to the parent or guardian of the child.
    4. The department shall establish a separate level of payment, subject
  to the approval of the director of the  budget,  for  payments  made  by
  governmental  agencies for screenings performed pursuant to this section
  by hospitals, as defined in section twenty-eight  hundred  one  of  this
  chapter.
    §  1370-d.  Lead  screening of child care or pre-school enrollees.  1.
  Except as provided pursuant to regulations of the department, each child
  care  provider,  public  and  private  nursery  school  and   pre-school
  licensed,  certified  or  approved  by  any state or local agency shall,
  prior to or within three months after  initial  enrollment  of  a  child
  under  six  years  of age, obtain from a parent or guardian of the child
  evidence that said child has been screened for lead.
    2. Whenever there exists no evidence of lead screening as provided for
  in subdivision one of this section or other acceptable evidence  of  the
  child's screening for lead, the child care provider, principal, teacher,
  owner  or  person  in  charge  of the nursery school or pre-school shall
  provide the parent or guardian of the child  with  information  on  lead
  poisoning in children and lead poisoning prevention and refer the parent
  or guardian to a primary care provider or the local health authority.
    3.  (a)  If  any  parent or guardian to such child is unable to obtain
  lead testing, such person may present such child to the  health  officer
  of  the  county  in  which  the child resides, who shall then perform or
  arrange for the required screening.
    (b) The local public health district shall develop and implement a fee
  schedule for households with incomes in excess of two hundred percent of
  the federal poverty level for lead screening  pursuant  to  section  six
  hundred  six  of  this  chapter,  which  shall vary depending on patient
  household income.
    §  1370-e.  Reporting  lead  exposure  levels.   1. Every physician or
  authorized practitioner shall give notice of  elevated  lead  levels  as
  specified  by  the  commissioner  pursuant  to regulation, to the health
  officer of the health district wherein the patient  resides,  except  as
  otherwise provided.
    2. The commissioner may, by regulation, provide that cases of elevated
  lead  levels  which  occur  (a)  in  health districts of less than fifty
  thousand population not having a full-time health  officer,  or  (b)  in
  state  institutions  shall be reported directly to the department or its
  district health officer.
    3. Whenever an analysis of a clinical specimen for lead  is  performed
  by  a  laboratory,  the  director  of such laboratory shall, within such
  period specified by the commissioner report the results and any  related
  information  in  connection  therewith  to  the  local  and state health
  officer to whom a physician or authorized practitioner  is  required  to
  report such cases pursuant to this section.
    4.  The  person  in charge of every hospital, clinic, or other similar
  public or private institution shall give notice of every child  with  an
  elevated  blood  lead  level coming under the care of the institution to
  the local or state health officer to  whom  a  physician  or  authorized
  practitioner is required to report such cases pursuant to this section.
    5.  The  notices required by this section shall be in a form and filed
  in such time period as shall be prescribed by the commissioner.
    § 1371. Manufacture and sale of lead painted toys and furniture. 1. No
  person  shall  manufacture,  sell  or  hold for sale a children's toy or
  children's furniture  having  paint  or  other  similar  surface-coating
  material  thereon containing more than .06 of one per centum of metallic
  lead based on the total weight of the contained solids  or  dried  paint
  film.
    2. The commissioner of health may waive the provisions of this section
  in  whole  or in part upon a finding by the commissioner in a particular
  instance that there is no significant threat to the public health;  with
  respect  to  miniatures  the  commissioner  shall  do  so,  on terms and
  conditions  he  or  she  shall  establish,  upon  a  final  judicial  or
  administrative  finding  that there is no immediate public health threat
  in that instance.
    §  1372.  Use  of  leaded  paint. No person shall apply paint or other
  similar surface-coating material containing more than  .06  of  one  per
  centum  of  metallic  lead  based  on  the total weight of the contained
  solids or dried paint film to any interior surface, window sill,  window
  frame or porch of a dwelling.
    §  1373.  Abatement  of  lead  poisoning conditions.   1. Whenever the
  commissioner or his representative shall designate an area of high risk,
  he may give written notice and demand, served as  provided  herein,  for
  the  discontinuance  of a paint condition conducive to lead poisoning in
  any designated dwelling in such area within a specified period of time.
    2. Such notice and demand shall prescribe the method of discontinuance
  of a condition conducive to lead poisoning which may include the removal
  of paint containing more than one-half of one  per  centum  of  metallic
  lead  based on the total weight of the contained solids or dried film of
  the paint  or  other  similar  surface-coating  material  from  surfaces
  specified  by  the  commissioner or his representative under such safety
  conditions as may be indicated and the refinishing of such surfaces with
  a suitable finish which is not in  violation  of  section  one  thousand
  three hundred seventy-two of this title or the covering of such surfaces
  with  such  material  or  the removal of lead contaminated soils or lead
  pipes supplying drinking water as may be deemed necessary to protect the
  life and health of occupants of the dwelling.
    3. In the event of failure to comply with a  notice  and  demand,  the
  commissioner or his representative may conduct a formal hearing upon due
  notice  in  accordance  with  the provisions of section twelve-a of this
  chapter and on proof of violation of such notice and  demand  may  order
  abatement  of  a  paint  condition conducive to lead poisoning upon such
  terms as may be appropriate and may assess a penalty not to  exceed  two
  thousand five hundred dollars for such violation.
    4.  A  notice  required by this section may be served upon an owner or
  occupant of the dwelling or agent of the owner in the same manner  as  a
  summons in a civil action or by registered or certified mail to his last
  known address or place of residence.
    5.  The  removal  of a tenant from or the surrender by the tenant of a
  dwelling with respect to which the commissioner or  his  representative,
  pursuant  to  subdivision  one of this section, has given written notice
  and demand for the discontinuance of a paint condition conducive to lead
  poisoning shall not absolve, relieve or discharge any persons chargeable
  therewith from the obligation and  responsibility  to  discontinue  such
  paint  condition  conducive  to  lead  poisoning  in accordance with the
  method of discontinuance prescribed therefor in such notice and demand.
    §  1374.  Receivership.   1. In the event of failure to comply with an
  order issued pursuant to this title and containing  provision  for  such
  application,  the  officer  issuing  the  order  may apply to a court of
  competent jurisdiction in the county wherein the dwelling is located for
  an order appointing such officer or his designee receiver of  the  rents
  of  such dwelling for the purpose of effectuating the provisions of such
  order.
    2. An application for appointment of a receiver hereunder shall be  on
  at  least ten days' notice to the owner of the dwelling, effected in the
  same manner as  in  an  action  to  foreclose  a  mortgage.  A  receiver
  appointed  hereunder  shall  not have any right superior to those of any
  mortgagee or lienor of record who has not had at least ten days' notice,
  by personal service or registered or certified mail, of the  application
  for appointment of a receiver.
    3.  A receiver appointed hereunder shall have the power to collect the
  accrued and  accruing  rents  of  the  dwelling  and  shall  apply  such
  collected  rents  to  costs and expenses incurred in connection with (a)
  removing, replacing, repainting and covering surfaces  of  the  dwelling
  necessary  to  effectuate  the provisions of the order of abatement, (b)
  interim operation and management of the dwelling, (c) administration  of
  the receivership.
    4. As soon as practicable after completion of his duties, the receiver
  shall  render  a  full accounting to the court and, upon payment over of
  any surplus moneys to the owner  or  other  persons  as  the  court  may
  approve  or direct and upon the order of the court, he shall be relieved
  of any further  responsibility  or  liability  in  connection  with  his
  receivership.
    §  1375.  Enforcement agencies.  1. The commissioner's designee having
  jurisdiction, county and city commissioners of health and local  housing
  code  enforcement  agencies  designated  by  the commissioner's designee
  having jurisdiction or county or city commissioner of health shall  have
  the   same   authority,   powers  and  duties  within  their  respective
  jurisdictions as has the  commissioner  under  the  provisions  of  this
  title.
    2.  The  commissioner  or his representative and an official or agency
  specified in subdivision one of  this  section  may  request  and  shall
  receive  from all public officers, departments and agencies of the state
  and its political subdivisions such cooperation and assistance as may be
  necessary or proper in the enforcement of the provisions of this title.
    3. Nothing contained in this title shall  be  construed  to  alter  or
  abridge  any  duties  and  powers  now  or  hereafter  existing  in  the
  commissioner, county boards of health, city and county commissioners  of
  health,  the  New  York  City  department  of  housing  preservation and
  development and the department of health,  local  boards  of  health  or
  other public agencies or public officials, or any private party.
     § 1376-a. Sale of consumer products containing lead or cadmium.  1. In
  the  absence  of  a federal standard for a specific type of product, the
  commissioner shall establish the maximum quantity  of  lead  or  cadmium
  (and  the  manner of testing therefor) which may be released from glazed
  ceramic tableware, crystal, china and other  consumer  products.    Such
  maximum  quantity  shall  be based on the best available scientific data
  and shall insure the safety of the public by reducing  its  exposure  to
  lead  and  cadmium to the lowest practicable level. The commissioner may
  amend such maximum quantity (and the manner of testing  therefor)  where
  necessary  or  appropriate  for  the  safety  of  the public. Until such
  maximum quantity of lead or cadmium established by the  commissioner  is
  effective,  no  glazed ceramic tableware shall be offered for sale which
  releases lead in excess of 7 parts per million, or cadmium in excess  of
  .5 parts per million.
    2.  The  commissioner  is  hereby  empowered to order the recall of or
  confiscation of  glazed  ceramic  tableware,  crystal,  china  or  other
  consumer  products  offered for sale which do not meet the standards set
  forth in or pursuant to this section.
    3. The commissioner of health may waive the provisions of this section
  in whole or in part upon a finding by the commissioner in  a  particular
  instance  that there is no significant threat to the public health; with
  respect to miniatures  the  commissioner  shall  do  so,  on  terms  and
  conditions  he  or  she  shall  establish,  upon  a  final  judicial  or
  administrative finding that there is no immediate public  health  threat
  in that instance.