Local Law 31 - XRF Inspections

What is XRF?

XRF is a portable x-ray machine (x-ray fluorescence) that can identify lead underneath surfaces.

How do I comply with Local Law 31?

1. Identify units with children under the age of 6 that resides in the apartment - before the August 9th, 2021 due date and conduct the XRF Test in that unit.
   • Resides meaning - spends more than 10+ hours/week in a unit.
2. Note that the remaining units (without children under the of 6) must have all dwelling units inspected for lead paint by August 9th, 2025

This will apply to multiple-dwellings which now include 1-2 family homes/units where the owner does not reside.

Local Law 69 - Lead Paint Threshold Change

The HPD has updated its definition of lead-based paint levels from 1.0 mg/cm2 to 0.5 mg/cm2 in a new rule, effective on December 1, 2021. See attached document PDF.

1. What violation will be issued by HPD if the XRF reading is 0.5 mg/cm2?

According to the HUD-approved PCS for the Viken model XRF instrument, a result of 0.5 mg/cm2 is inconclusive when tested using the re-programmed instrument. HPD will issue a violation for a lead-based paint hazard testing at 0.5 mg/cm2 but allow the owner to contest the violation by providing paint chip analysis results that would determine the paint to be negative.

2. Will an XRF reading of 0.4 mg/cm2 result in a lead-based paint violation from HPD?

No. XRF machine readings are provided to the tenth place (i.e. 0.1, 0.4, 0.6). A result at or below 0.4 mg/cm2 is below the threshold for the issuance of a violation.

3. Will an XRF reading of 0.6 mg/cm2 result in a lead-based paint violation??

Yes. XRF machine readings are provided to the tenth place (i.e. 0.1, 0.4, 0.6). A result at or above 0.6 mg/cm2 will be positive according to the PCS. As such, owners will not be able to contest a violation issued at or above 0.6 mg/cm2 with a paint chip analysis.

4. Will property owners be required to contest a violation order #616 (presumed lead-based paint hazard violations) issued prior to December 1, 2021 with an XRF reading that is below 0.5 mg/cm2?

For violations issued as an order #616 prior to December 1, 2021, property owners will be able to contest the violation using 1.0 mg/cm2 as the definition of lead-based paint. Property owners may use either an XRF testing performed by an instrument set to measure lead-based paint at 1.0 mg/cm2 or an instrument set to measure at 0.5 mg/cm2 as long at the numeric result of the test is less than 1.0 mg/cm2, the definition of lead-based paint at the time it was issued.