Finger Lakes Building Officials, Inc.

An Affiliated Member of the New York State Building Officials Conference

November 4, 2003

Your communication to Ron Piester, Director, and Raymond Andrews, Assistant Director for Code Development, dated October 27, 2003, has been forwarded to me for response. You are concerned that the Property Maintenance Code of New York State (PMCNYS) has no provisions for elimination of lead-paint hazards in residential properties.

PMCNYS, Chapter 3, Minimum Conditions, Section 304.3 , provides that, "All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered." You are correct in noting that neither the PMCNYS nor the previous Uniform Code had no specific requirement concerning lead paint.

While the Uniform Code does not set standards for or require lead paint removal, there are requirements found in Department of Health regulations, 10 NYCRR Part 67. Local health units have a role in providing public and professional education and community outreach on lead poisoning prevention. Additional detailed information is available by contacting the New York State Health Department, Center for Environmental Health, Infoline at 1-800-458-1158, ext. 2-7600 ( Mr. Tom Carroll).

The PMCNYS is available from International Code Council ( ICC ), 4051 W. Flossmor Road, Country Club Hills, Il 60478-5795. Their phone number is ( 888) 869-0541. Their fax number is ( 866) 891-1685, and website address is www.iccsafe.org. The PMCNYS is also available for view at the Supreme Court Law Library in Bath, NY, or by contacting one of our Rochester regional representatives, Mr. William Richardsen at (585)533-1088, or Mr Richard Thomson at (315) 524-5373.

The State Fire Prevention and Building Code Council ( Code Council ) has established procedures to petition for the incorporation of More Restrictive Local Standards ( MRLS) that follow the procedures spelled out in executive Law Section 379. The chief executive officer or the chairperson of the legislative body of a local government must petition the Code Council for a determination as to whether or not the local law or ordinance is more restrictive than the provisions contained in the Uniform Code. Such petition shall be submitted within 30 days of enactment or adoption of the local law on a form approved by the Code Council. The petition must contain certain information, such as: a certified copy of the local law, indicating the date of enactment; a legislative finding setting forth the special conditions prevailing within the community which warrant imposing more restrictive local standards; documentation which includes substantiation - research reports, statistical analysis, etc.; and an economic impact statement.

The Executive Law provides for written interpretation of the Uniform Code upon written request of a (building) permit applicant or an official responsible for the administration and enforcement of the provisions of such code. In your particular instance, there appears to be no basis upon which a code interpretation can be processed, neither have you listed a specific code section or subdivision for which you are requesting an interpretation.

We suggest that you contact NYS Department of Health with regard to the Public Health Law and lead paint. You may contact directly Mr. Tom Carroll at 1-800-458-1158, ext. 2-7600.

Mr. Carroll will answer lead paint questions and provide additional information concerning any assistance available in Monroe County.

If you have any questions or wish to discuss this matter further, please call me at (518 ) 474-4073

Sincerely,
Thomas P. Mahar, CCS ll
Codes Division

Finger Lakes Building Officials Association, Inc.
3100 Atlantic Ave.
Penfield, NY 14526