[HISTORY: Adopted by the Board of Health of the Town of Westfield 4-6-1998.]
The use for the removal of lead paint of 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 dusts from being
released into the environment.
A high efficient filter that filters out fine particles of
dust at 99.7% of fine particles at 0.3 microns in size.
Paint that contains more than 0.5% by dry weight of lead
as determined by a laboratory certified by the State of New Jersey
or that contains more than one milligram of lead per square centimeter
of paint surface when measured by a x-ray fluorescence (XRF) analyzer.
A permit obtained through the Health Department for the removal
of exterior lead paint, or paint suspected of containing lead at a
fee of $15 per structure.
Any individual, corporation, employee, company, association,
firm or partnership.
The use for the removal of paint of electric or hydraulic
powered sanding tools that do not 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.
A.Â
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 through the Health Department and prominently displaying
same at the proposed work site.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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 place in double plastic bags of
not less than three mils each of thickness and not weighing more than
20 pounds.
F.Â
Collected paint chips and dust may be left with the owner or resident
and shall be disposed of in accordance with local regulations covering
regular municipal household garbage collection.
G.Â
Hoses to vacuums shall not be longer than 50 feet or more than recommended
by the vacuum manufacturer, whichever is less. If the vacuum is attached
to a "Y" connector each hose shall not be more than 25 feet in length.
H.Â
HEPA 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.
I.Â
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.
J.Â
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.
A.Â
Any person who violates any provision of this Ordinance shall be
subject to a penalty of not less than $50 and not more than $2,000.
Each day that the violation continues shall constitute a separate
offense.
B.Â
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.
A.Â
If any section, paragraph, subparagraph, clause or provision of this
Ordinance shall be adjudged invalid, such adjudication shall apply
only to the specific section, paragraph, subparagraph, clause or provision
so adjudged and the remainder of the Ordinance shall be deemed valid
and effective.