§ 82-318. Notification requirements.

(a)

Notifying bidders. In any instance where a property owner or contractor is requesting bids for work that is subject to this article, the property owner or contractor shall notify all bidders of any paint inspection reports verifying the presence of any lead-based paint in the regulated area of the proposed project.

(b)

Contents of notice. Except as otherwise authorized by this article, prior to the commencement of work subject to this article, for power-sanding affecting lead paint on the exterior of a building or metal structure, the contractor, or in the absence of a contractor, the owner, shall provide written notice to the director of the department of safety and permits. Notice of the following shall be provided either in person, by certified mail or by fax:

(1)

The location of the project;

(2)

The scope of work;

(3)

The methods and tools for paint disturbance and/or removal;

(4)

The approximate age of the building;

(5)

The anticipated job start and completion dates for work subject to this article;

(6)

Whether the building is residential or nonresidential, and whether it is owner-occupied or rental property;

(7)

The dates by which the responsible party has or will fulfill any tenant or adjacent property notification requirements as described in sections 82-318(d), (e) and (f) below; and

(8)

The name, address, telephone number, and if available, pager number, of the party who will perform the specified work.

(c)

Form of notice. The director shall make available to the public a form that complies with the requirements of section 82-318(b) and contains blank spaces for the required information.

(d)

Sign required when power sanding is used. Not later than the commencement of power sanding subject to this article, the owner, or the contractor when the owner has entered into a contract with a contractor to perform work on the exterior of a building or on a metal structure, that is subject to this article, shall post signs in a location or locations clearly visible to the adjacent properties stating the following:

LEAD WORK IN PROGRESS

PUBLIC ACCESS TO WORK AREA
PROHIBITED

POSTED IN ACCORDANCE WITH CHAPTER 82, ARTICLE VIII, OF THE MUNICIPAL CODE, ORDINANCE NO. _______ M.C.S.

(1)

Sign requirements for power sanding. The sign required by this subsection shall be not less than 24 inches square, and shall be in large boldface capital letters no less than one-half inch in size. The director shall make available to the public a sample form that complies with these requirements and states the required information in English and Spanish. The sign required by this subsection shall remain in place until the time that the work subject to this subsection has been completed.

(2)

Where it is not possible to post signs in a conspicuous location or locations clearly visible to the adjacent properties, the owner, or where the owner has entered into a contract with a contractor to perform work subject to this article, the contractor shall provide the notice in written form, such as a letter or memorandum, to the occupants of adjacent properties.

(e)

Notice to tenants. Where work subject to the requirements of this article is to be performed on the interior or exterior of buildings occupied by one or more tenants, not less than three business days before work subject to this article is to commence, the owner shall provide the following information:

(1)

Contents of notice. Except as may be otherwise inconsistent with state law, provide written notice to tenants of the building on which the work is being performed that lead-related work is being performed. This notice shall be in the compliance with the EPA pre-renovation notification rules set forth in 40 C.F.R. § 745, and shall include notice in form of a sign, letter, or memorandum; and shall prominently state the following:

"Work is scheduled to be performed beginning [date] on this property that may disturb or remove lead-based paint. The persons performing this work are required to follow federal, state, and local laws regulating work with lead-based paint. You may obtain information regarding these laws, or report any suspected violations of these laws, by calling the Department of Safety and Permits at 565-6111. The owner of this property is also required to provide tenants with a copy of the U.S. Environmental Protection Agency pamphlet entitled "Protect Your Family From Lead in Your Home."

The director shall make available to the public a form that states the required information in English and Spanish.

(2)

Availability of pamphlet. The owner shall provide to all tenants in the building, the U.S. Environmental Protection Agency pamphlet entitled "Protect Your Family From Lead in Your Home."

(f)

Notice by contractor. Where work subject to the requirements of this article is being performed by a contractor, the contractor shall at least three business days prior to the commencement of work on residential property subject to this article, notify the property owner of potential lead hazards during the project by delivering the U.S. Environmental Protection Agency pamphlet entitled "Protect Your Family From Lead in Your Home."

(g)

Early commencement of work by owner. A property owner may commence, or may authorize a contractor to commence, work subject to this article less than three business days after providing notices required in subsections 82-318(e) and 82-318(f) above when the property owner determines that such work must be commenced immediately to correct an emergency condition when a delay would pose an immediate threat to the safety or well-being of the building's occupants or to correct life-safety hazards.

(h)

Early commencement of work requested by tenant. Upon written request of a tenant, an owner may commence or authorize a contractor to commence, work subject to this article on that tenant's premises less than three business days after providing notices required in subsections 82-318(e) and (f) above.

(i)

Notice by paint retailer. Sellers and retailers of paint shall be required to post a sign which informs the purchasers of paint as follows:

For buildings or steel structures constructed prior to 1978, Ordinance No._______, M.C.S. requires, that in the course of removing old paint, you use certain containment measures such as ground cover when scraping paint from surfaces and/or a HEPA vacuum attachment when power sanding lead paint from surfaces. You must also notify the City of New Orleans via a form provided by the Department of Safety and Permits [phone].

Disposal of lead-containing materials, their ashes, and other refuse shall comply with the procedures established by the Louisiana Department of Environmental Quality.

(Code 1956, § 29-98; Ord. No. 20,345, § 1, 9-6-01)