Lead hazards in the Town of Colonie are addressed through the federal Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. Section 4851), EPA's Renovation, Repair and Painting Rule (40 CFR Part 745), New York Public Health Law Article 13 Title X (Sections 1370 through 1376), and the Albany County Department of Health Childhood Lead Poisoning Primary Prevention Program. PHL Section 1370 et seq. requires blood-lead screening, environmental investigation when a child has an elevated blood lead level, and remediation orders against property owners.
Three regulatory layers govern lead paint in Colonie. (1) Federal - the Residential Lead-Based Paint Hazard Reduction Act (Title X, 42 U.S.C. Sections 4851 et seq.) and EPA's Renovation, Repair and Painting Rule (40 CFR Part 745) require lead-safe certified renovators for any disturbance of more than 6 square feet interior or 20 square feet exterior of painted surface in pre-1978 housing or child-occupied facilities. Lead disclosure under 24 CFR Part 35 (the Lead Disclosure Rule) is mandatory in any sale or lease of pre-1978 housing, and the seller or landlord must provide the EPA pamphlet 'Protect Your Family From Lead in Your Home' and a Lead Warning Statement and give buyers a 10-day inspection opportunity. (2) New York State - Public Health Law Article 13 Title X, Sections 1370 through 1376, establishes New York's Childhood Lead Poisoning Prevention Program. PHL Section 1370-a requires health care providers to test all children for blood lead at ages 1 and 2 (and at-risk children up to age 6). PHL Section 1373 directs local health departments to conduct environmental investigations of any home where a child has a blood lead level at or above the state action level (currently 3.5 micrograms per deciliter, conformed to the CDC reference value). PHL Section 1374 authorizes the local health department to issue an Order to Remediate to the property owner with deadlines for abatement, and to enforce that order in court. New York PHL also incorporates the federal Lead Disclosure Rule by reference. (3) Local - the Albany County Department of Health (Childhood Lead Poisoning Primary Prevention Program) administers the case-management and enforcement of PHL Article 13 Title X for the Town of Colonie. The Town of Colonie Town Code (eCode360 CO0290) does not impose a stand-alone municipal lead ordinance equivalent to Rochester's RPCO Chapter 90 or Buffalo's lead-safe rental program; it relies on the county and state framework. Approximately a third of Colonie's housing stock predates 1978 and contains lead-based paint, including older neighborhoods in Loudonville, Latham, and Newtonville.
Federal Lead Disclosure Rule violations carry civil penalties up to $19,507 per violation (2024 inflation-adjusted) under HUD/EPA enforcement, plus treble damages payable to the tenant or buyer under 42 U.S.C. Section 4852d(b)(3). New York Public Health Law Section 1399 authorizes civil penalties up to $2,000 per violation for failure to comply with an Order to Remediate; each day a violation continues is a separate offense. The Albany County Department of Health may seek a court order compelling abatement, and unremediated dwellings may be declared unfit for child occupancy. New York Lead Certification Act violations (concerning unlicensed lead inspectors or abatement contractors) can result in license suspension and civil penalties.
Colonie, NY
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Colonie, NY
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Colonie, NY
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Colonie, NY
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Colonie, NY
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Colonie, NY
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