[HISTORY: Adopted by the Board of Health of the Borough of Leonia 5-17-2002
by Ord. No. BOH 02-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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 dust from being released into the environment.
An electric sander equipped with a specially designed shroud or containment
system where all exhaust air is passed through a HEPA filter.
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, or that
contains more than one milligram of lead per square centimeter of paint surface
when measured by an x-ray fluorescence (XRF) analyzer.
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.
No person shall remove lead base paint on the exterior
surfaces of a house or other structure by the method of unconfined power sanding.
B.
When exterior lead base paint is removed by confined
power sanding HEPA sander or other approved methods such as wet scraping,
plastic sheeting for ground cover shall be used as much as possible to catch
chips and dust from these methods of paint removal. Plastic sheeting shall
extend at least 10 feet out from the building when work is being performed
on the first story and three feet per story thereafter. The plastic sheeting
shall also be secured to the side of the building with tape or other anchoring
system so that no gap exists between the plastic sheeting and building. All
chips and dust which fall onto the ground shall be completely cleaned to sight.
C.
The following paint removal methods are prohibited:
D.
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.
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.
F.
Collected paint chips and dust shall be left double bagged
with the owner or resident and shall be disposed of in the regular municipal
household garbage collection.
A.
Any person who violates any provision of this chapter
shall be subject to a penalty not less than $100 nor more than $500. Each
day that the violation continues shall constitute 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.
If any section, paragraph, subparagraph, clause or provision of this
chapter 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 chapter shall be deemed valid and effective.
The terms and provisions of this chapter shall be interpreted to be
consistent with the provisions of the Uniform Construction Code, the Borough's
Property Maintenance Code, the Uniform Fire Code and/or the statutes governing
lead base paint, including, but not limited to, N.J.S.A. 24:14A-1 et seq.
