Sec.
[D26-12 01] 27-2013 Painting of public parts and
within dwellings
a. In the public
parts of a multiple dwelling, and in a tenant-occupied dwelling unit in a one-or
two-family dwelling, the owner shall:
(1) Paint or
cover the walls and ceilings with wallpaper or other acceptable wall covering;
and
(2) Repaint
or re-cover the walls and ceilings with wallpaper or other acceptable wall
covering whenever necessary in the judgment of the department to keep such
surfaces sanitary.
b. In occupied
dwelling units in a multiple dwelling, the owner shall:
(1) Paint or
cover the walls and ceilings with wallpaper or other acceptable wall covering;
and
(2) Repaint
or re-cover the walls and ceilings with wallpaper or other acceptable wall
covering every three years, and more often when required by contract or other
provisions of law.
c. The department
may require a tenant of a dwelling unit in a multiple dwelling to repaint or
recover the interior walls and ceilings of such tenant's dwelling unit with
wallpaper or other acceptable wall covering if such walls and ceilings become
unsanitary at any time within three years from the date of the last refinishing
by the owner. However, if the tenant can show, to the satisfaction of the department,
that the walls and ceilings have become unsanitary through no act or neglect
of his or her own or of such tenant's family or guests, the department may require
the owner to repaint or re-cover the same. This subdivision does not relieve
the owner from his or her duties under paragraph two of subdivision b of this
section.
d. The owner and
tenant of any dwelling unit in a multiple dwelling may, by voluntary agreement,
provide that the owner need not repaint in such unit as required by paragraph
(b)(2) of subdivision b of thus section for such additional period, not to exceed
two years, as may be agreed upon. Such an agreement to extend the time for repainting
shall not be valid unless it has been entered into not earlier than one month
prior to the expiration of the three-year period, and shall not form part of
any agreement of lease. The department may prescribe the form of such agreements,
require them to be filed, and may make such other regulations as may be necessary
to avoid abuse, and to further the purposes of this article. Notwithstanding
any agreement, the department may, during the period for which repainting is
deferred by agreement order, repainting by the owner in any dwelling unit when
deemed necessary to keep the walls and ceilings of such unit sanitary. This
subdivision shall not affect the applicability of subdivision (c) of this section
during the three years after any repainting or re-covering.
e. Neither the
owner nor a tenant of a dwelling unit shall place wallpaper or wall covering
upon a wall or ceiling in the public or tenant-occupied parts of a dwelling
unless existing
wallpaper or wall covering is first removed and such wall or ceiling is cleaned
and repaired. However, if wallpaper or wall covering is in good condition, free
from vermin and a coat of acceptable paint or sizing is applied, one additional
layer of wallpaper or wall covering may be applied.
f. Nothing contained
in this section shall be deemed to require the owner of a dwelling to cover
with wallpaper or other acceptable covering any wall or ceiling not previously
so covered by such owner. When a wall or ceiling of a dwelling unit has been
decorated with paper, wood paneling, or other material over which paint normally
is not applied, the owner shall be relieved of his or her obligation to repaint
or recover such wall or ceiling so long as the same remains in a sanitary condition,
in the judgment of the department. When the department requires redecoration
of such wall or ceiling, the tenant shall remove any paper, wall covering, wood
paneling or other material, which such tenant has applied before the owner,
is required to clean and repair and repaint or re cover. However, if the owner
or a former tenant has applied paper, wall covering, wood paneling or other
material, the owner shall be responsible for its removal before redecoration.
g. The owner of
a multiple dwelling shall keep and maintain records relating to the refinishing
of public parts and dwelling units showing when such parts were last painted
or papered or covered with acceptable material and who performed the work. Such
records shall be open to inspection by the department, and shall be submitted
to the department upon request.
h. (1)
The owner of a multiple dwelling shall remove or cover in a manner approved
by the department any paint or other similar surface-coating material having
a reading of 0.7 milligrams of lead per square centimeter or greater or containing
more than 0.5 percent of metallic lead based on the non-volatile content of
the paint or other similar surface-coating material on the interior walls, ceilings,
doors, window sills or moldings in any dwelling unit in which a child or children
six (6) years of age and under reside.
(2) In any multiple
dwelling erected prior to January first, nineteen hundred sixty in which paint
or other similar surface-coating material is found to be peeling on the interior
walls, ceilings, doors, window sills or moldings in any dwelling unit in which
a child or children six (6) years of age or under reside, it shall be presumed
that the peeling substance contains more than 0.5 percent metallic lead based
on the non-volatile content of the paint or other similar surface-coating
material or having a reading of 0.7 milligrams of lead per square centimeter
or greater.
(3) The existence
of paint or other similar surface- coating material having a reading of 0.7
milligrams of lead per square centimeter or greater or containing more than
0.5 percent of metallic lead based on the non-volatile content of the paint
or other similar surface-coating material in the interior walls, ceilings,
doors, window sills or moldings in any dwelling unit in a multiple dwelling
in which a child or children (6) years of age and under reside shall constitute
a class C immediately hazardous violation and subject the owner of such multiple
dwelling to the penalties for such violation provided in article two of subchapter
five of this code. The presumption established in paragraph two of this subdivision
may be rebutted by the owner of the multiple dwelling. Such proof shall be
in form and substance acceptable to the department or a court of competent
jurisdiction.
(4) The department
shall transmit to the department of health a list of violations placed pursuant
to this section, by premises.
(5) The department
shall establish procedures for the enforcement of this subdivision.
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Sec.
[D26-12.03] 27-2014 Window frames and fire escapes
a. At least once
every five years, the owner of a dwelling shall paint all exterior window frames
and sashes with one coat of an exterior paint. The department may require a
more frequent repainting of any window frame or sash, as it deems necessary.
This subdivision shall not apply to window frames and sashes of approved atmospheric
corrosion resistant metal.
b. The owner of
a dwelling shall paint every fire escape with two coats of paint of contrasting
colors. The owner shall paint the first coat before and the second after erection
of a new fire escape, except that this shall not apply to fire escapes constructed
of approved atmospheric corrosion resistant metal. Whenever a fire escape becomes
corroded, the owner shall scrape and remove the corrosion products and repaint
it with two coats of paint of contrasting colors.
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Sec.
[D26-12.05] 27-2015 Courts and shafts
a. The owner of
a multiple dwelling shall whitewash the walls enclosing all courts and shafts
not made of light-colored brick or stone or shall paint such walls a light color,
and shall maintain them in a clean condition.
b. As often as
it deems necessary, the department may require the owner of a multiple dwelling:
(1) to rewhitewash
or repaint the walls enclosing courts and shafts not made of a light colored
brick or stone, and
(2) to clean
the walls enclosing courts and shafts made of a light-colored brick or stone.
c. This section
does not apply to:
(1) outer courts
which open on a street; or
(2) courts which
exceed the minimum dimensions set forth in section 26 of the multiple dwelling
law by at least 50 per cent.
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Sec.
[D26-12.07] 27-2016 Departmental regulations concerning
paint and wall covering and quality and frequency of repainting or re-covering
a. The department
may by regulation prescribe or approve the kind and quality of paints or wall
covering which may be used to satisfy the requirements of this article.
b. The department
may by regulation extend the time for repainting when in its judgment the particular
kind and quality of paint or wall covering used is designed to wear for considerably
longer periods of time than the time set for repainting in this article. An
owner who uses such long wearing paints or wall covering shall inform the department
prior to his or her doing so in accordance with departmental regulations.
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