§ 00053-15. Regulating the sale and use of paint containing more than (nine thousandths percent (0.009%) of metallic lead.

(A)

Labeling. No person shall sell, hold for sale, transport, or give away a hazardous substance, unless properly labeled. When a hazardous substance is labeled in compliance with applicable state or federal law, this section shall not apply except that if the commissioner finds that the labeling of the substance is inadequate to protect the public health, the labeling of the substance shall, upon the order of the commissioner and written notice to the manufacturer or distributor, contain such additional matter as may be required.

(B)

Lead paint.

(1)

No person shall possess, sell, hold for sale, give away or leave in any place paint containing more than nine thousandths percent (0.009 %) of metallic lead, based upon total non-volatile content of the paint, unless the labeling bears the following statement: "Contains lead. Harmful if eaten. Do not apply on toys, furniture, interior or exterior surfaces which might be accessible to children." This sub-section does not apply to marine paints, roof cements and coatings, automotive finishes which are not sold at retail, or to paints in residential buildings-other than paints for toys, children's furniture, interior or exterior surfaces which might be accessible to children, which are sold for purposes other than resale, to the city or state or federal government, or a manufacturer, an industrial plant, a public utility or metal structural contractor.

(2)

No person shall manufacture, sell or hold for sale children's toys or children's furniture that has paint containing more than nine thousandths percent (0.009 %) of metallic lead based on the non-volatile content of the paint.

(3)

No person shall use paint containing more than nine thousandths percent (0.009 %) of metallic lead based on the non-volatile content of the paint on the exterior or interior surfaces of any property accessible to small children.

(4)

When the department finds that there is paint or other material containing more than five-tenths percent or 1.0 mg/cm2 or more of metallic lead based on the non-volatile content of the paint on the exterior or interior surfaces of any property, including items other than those with painted surfaces, it may order the removal of the paint or removal of the property, under such safety conditions as it may specify, and the refinishing of the exterior or interior surfaces with a suitable finish which is not in violation of this section.

(C)

Loose and flaking paint/interior and exterior paint surfaces.

(1)

Loose and flaking paint containing lead in excess of five-tenths percent or 1.0 mg/cm2 or more on interior or exterior surfaces of any property accessible to small children shall, in a lead-safe manner, be removed or made inaccessible and/or the surfaces recovered with paint or other covering. If paint is used, it shall not contain lead in excess of nine thousandths percent (0.009 %)

(2)

Interior and exterior surfaces of property found to have coatings which contain lead in excess of five-tenths percent limit or 1.0 mg/cm2 or more, when said coatings are identified as the probable source of undue lead absorption or lead poisoning in human beings, shall, in a lead-safe manner, have the coatings removed, covered or made inaccessible to small children.

(Amended, Jan. 28, 1973; a. Nov. 23, 1976; a. Oct. 2005; a. March 22, 2011, § 1)