§ BH:15-2PROHIBITIONS AND REQUIREMENTS.
As used in this chapter:
- CONFINED POWER SANDING
- The use for the removal of lead paint by electric or hydraulic powered sanding tools that have attachments that, while sanding paint, simultaneously vacuums 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-BASE PAINT
- Paint that contains more than 0.5% by dry weight of lead, or contains more than one milligram of lead per square centimeter of painted surface when measured by an X-ray fluorescence (XRF) analyzer.
- A permit obtained through the Board of Health for the removal of exterior lead paint, or paint suspected of containing lead. The fee for the permit will be $10.
- Any individual, corporation, employee, company, association, firm or partnership.
- UNCONFINED POWER SANDING
- The use for the removal of paint by 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.
No person shall remove lead-base paint, or paint suspected of containing lead on the exterior surfaces of a house or other structure without obtaining a permit from the Board of Health.
No person shall remove lead-base paint, or paint suspected of containing lead on the exterior surfaces of a house or other structure by the method of unconfined power sanding.
When exterior lead-base 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 to catch chips and dust from the process of paint removal. Chips and dust that fall onto the ground shall be cleaned to sight.
Prior to removal of exterior lead-base paint, windows of the structures being painted shall be closed and sealed with tape or other barrier to prevent entry of chips and dust into the interior of the house.
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.
Collected paint chips and dust shall be left with the owner or resident and shall be disposed of in the regular municipal household garbage collection.
Any person who violates any provision of this chapter shall be liable for, upon conviction, the penalty stated in Section BH:1-3. Each day that the violation continues shall constitute a separate offense.
In lieu of issuing a summons or complaint in Municipal Court, an order to immediately cease unconfined power sanding and to clean and remove leaded paint chips/dust within a reasonable time period may be issued by the Enforcement Official.