Township of Maplewood, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Maplewood 1-16-1996 by Ord. No. 1986-96. Amendments noted where applicable.]
GENERAL REFERENCES
Chlorofluorocarbons and halons — See Ch. 103.
Hazardous materials — See Ch. 147.

§ 158-1 Definitions.

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 vacuum dust and chips into a HEPA-filtered vacuum device or otherwise contain and control chips and dust from being released into the environment.
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-BASED 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.
PERSON
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 vacuum dust and chips into a HEPA-filtered vacuum device or otherwise contain and control chips and dust from being released into the environment.

§ 158-2 Prohibitions and requirements.

A. 
No person shall remove lead-based paint on the exterior surfaces of a house or other structure by the method of unconfined power sanding.
B. 
When exterior lead-based paint is removed by confined power sanding or other methods, such as scraping, manual sanding or power washing, drop cloths or other ground cover shall be used as much as possible to catch chips and dust from these methods of paint removal. Chips and dust that fall onto the ground shall be cleaned to sight.
C. 
Prior to removal of exterior lead-based paint, windows of houses shall be closed and sealed with tape or other barrier to prevent entry of chips and dust into the interior of the house.
D. 
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.
E. 
Collected paint chips and dust shall be left with the homeowner or resident and shall be disposed of in the regular municipal household garbage collection.
F. 
HEPA vacuums with a manufacturer rated cubic feet per minute, (CFM) of airflow of less than 180 cubic feet per minute shall only have one hose attachment. This single hose shall not be more than 50 feet in length. HEPA vacuums with a manufacturer rated CFM of 180 cubic feet per minute of airflow or greater may use two hose attachments with a sealed Y connector, provided that the length of each hose is not more than 25 feet.
[Added 11-6-2002 by Ord. No. 2195A-02; amended 11-6-2002 by Ord. No. 2197-02; 3-1-2005 by Ord. No. 2283-05]
G. 
HEPA vacuums shall be labeled as such. Filters shall be replaced as necessary in order to keep the vacuum system operating properly. Excessive amounts of dust shall not be allowed to escape during power-sanding operations.
[Added 11-6-2002 by Ord. No. 2195A-02; amended 11-6-2002 by Ord. No. 2197-02]
H. 
Contractors shall give written notification to property owners and occupants as to the nature of the job being performed, the hazards of lead and the procedures being employed for lead paint cleaning.
[Added 11-6-2002 by Ord. No. 2195A-02; amended 11-6-2002 by Ord. No. 2197-02]
I. 
Contractors involved in lead paint removal will provide their workers with disposable overalls which must be worn during the removal of lead paint and discarded daily.
[Added 11-6-2002 by Ord. No. 2195A-02; amended 11-6-2002 by Ord. No. 2197-02]
J. 
Sander and paint removal shrouds that have a hinge attachment shall not be held back during paint removal work.
[Added 3-1-2005 by Ord. No. 2283-05]

§ 158-3 Enforcement; when effective.

A. 
This chapter shall be enforceable by the Health Officer, the Construction Official, the Police Department or other designated Maplewood Township Official(s) or person(s).
B. 
This chapter shall take effect after final passage and publication according to law.

§ 158-4 Violations and penalties; remedial actions.

A. 
Violations and penalties.
[Amended 11-7-2012 by Ord. No. 2706-12]
(1) 
Any person found to be in violation of the provisions of this chapter shall be subject to a fine as follows:
(a) 
First offense: $200.
(b) 
Second offense: $500.
(c) 
Any subsequent offense: an amount not to exceed $2,000.
(2) 
Each day a violation continues shall be deemed a separate offense.
B. 
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.