Violations HPD

What to do if you are issued violations from H.P.D

If you have received notification from the Department of Housing Preservation and Development (H.P.D) that you have lead-based paint hazard in your building, you need to take note of the date established by them for the correction of violations to be completed. If you realize that you will not be able to meet their deadline (“corrected by” and “certified as corrected by” dates at right on notice of violation) you should submit your 1^st. postponement request at least five (5) days preceding the dates stipulated for completion on your notice of violation.

The next thing you should do is start looking for an EPA certified firm so as to get an estimate of the cost for the lead hazard removal. You may want to choose one that will oversee the whole process – actual abatement of the lead dust, prepping of areas for dust wipes, dust wipe clearance and final paperwork and documentation to be submitted to the relevant violation issuer. If trying to find a competent firm is taking a while and you believe you will not be able to complete the work by the dates issued by H.P.D, you should file a 1^st. request for postponement of time to correct lead-based paint hazard violation. The request should be submitted no later than five (5) days preceding the date set for correction in the notice of violation. If postponement is granted, you will be given a new date extending the time you have to get the work done. You should try to have the work done by this new date, as a 2^nd. postponement is less likely to be granted unlike the first. If a postponement was not filed within the time specified and the work was not done on time, a fee will be charged by the department for the clearance of violations from your property when you have completed the work and is submitting your dismissal request.

The next step is researching the abatement methods that are available and deciding which ones to use. There are several methods of abatement that are approved and recommended by the Department of Health, the Department of Housing Preservation and Development, and the Environmental Protection Agency. These are:

1. Enclosure - the use of rigid, durable construction materials that are mechanically fastened to the substrate, in order to act as a barrier between the lead-based paint and the environment. Some approved enclosure materials are - sheetrock, gypsum wall board, and wonder board. The walls and ceilings can only be laminated if they are firm; otherwise, they may have to be demolished before installation of new material. The enclosure method is most commonly used because of its durability, but mostly because it gets rid of lead, permanently. It is a bit more costly, but we highly recommend using this method for your walls and ceilings.

2. Encapsulation - the application of a covering or coating that acts as a barrier between the lead-based paint and the environment. Encapsulants are applied in a liquid state, then left to dry, and subsequently form a barrier. Some encapsulants approved by the NYS Department of Health are - L-B-C Lead Barrier Compound Type 111 or Childguard (interior & exterior), Back to Nature "Protect-A-Coat", Barrier Coat 11, and Insl-Cap Lead Encapsulating Compound. See full list...... Encapsulants are not recommended by us, as they are costly and high maintenance (areas used on need to be checked regularly for holes, or cracks, etc. and repaired as instructed by encapsulant manufacturer). Encapsulants should not be used in high traffic areas such as floors, threshold or stairs, or on surfaces subjected to friction or impact, such as windows and doors.

3. Wet Scraping - the process of removing loose lead-based paint, in which the lead contaminated surface is kept wet while scraping to minimize the dispersal of paint chips and airborne dust. Wet scraping is usually done to preserve a building's originality. It is mostly done on doors, window and door frames, and baseboards. Wet scraping can be very expensive as it is time consuming.

4. Removal and Replacement - this entails the removal of building components such as, window and door frames, baseboards, radiators, etc., that have surfaces coated with lead-based paint, and the installation of new components free of lead-based paint.

· the permanent enclosure of lead-based paint

· the encapsulation of lead-based paint surface

· the wet scraping of lead contaminated surface

· the replacement of components or fixtures that are contaminated with lead-based paint

· all preparation, cleanup, waste disposal, and post abatement clearance testing associated with lead-based paint removal

As stated before, if you hire an EPA certified firm that will oversee the whole process, then that will be the only major thing you do - finding one.

You should never attempt to abate the lead paint on your own as you may stir up dust and create fumes containing lead. In other words, you may make the situation worse.

Why request a postponement

What to do if you have lead in

your building

What to do if you are issued

violations from the

Department of Health (DOH)