Violations DOH

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

If you have received notification from the Department of Health (D.O.H) that you have lead-based paint hazard in your building, you need to act promptly to remove the hazard.

Violations from the Department of Health are usually issued because at least one person in your building has been lead poisoned. Unlike the Department of Housing Preservation and Development (H.P.D), the Department of Health does not stipulate a time frame for the correction to take place. However, as lead poisoning is such a serious issue they expect the hazard to be cleared at the earliest time possible. If a notification of commencement of lead abatement is not filed with them within a few days of issuance of the violations, they will hire an EPA certified contractor to do the work and subsequently charge you. This notification is to be filled in by you, the contractor you have hired, and the lead dust clearance company that will be taking and testing dust samples from each room worked on and adjacent rooms as well.

You should try to find an EPA certified firm 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 D.O.H.

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. Affidavits, dust clearance reports, and copy certifications of all the workers involved in the process, will be submitted to the Department of Health, by us. You will be given a copy of everything submitted to D.O.H for your file and we will also keep a copy on our file.

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)

What to do if you are issued

violations from the

Department of Housing Preservation and Development

(HPD)