Rochester, N.Y., Code of Ordinances ch. 90 § 90-61
Emergency actions; weather conditions (Rochester NY Property Code)
Operative Text
A. For emergency actions necessary to safeguard against imminent or immediate danger to human life, health or safety, or to protect property from further structural damage, including demolitions ordered pursuant to § 47A-16B and C of the Municipal Code, occupants shall be protected from exposure to lead in dust and debris generated by such emergency actions to the extent practicable. This exemption does not apply to any work undertaken subsequent to or above and beyond such emergency actions, other than the demolitions noted above. B. Performance of lead-based paint hazard reduction or lead-based paint abatement on an exterior painted surface as required under this article may be delayed for a reasonable time during a period when weather conditions render impossible the completion of conventional construction activities; provided, however, that this limitation shall continue only for the period in which work cannot be performed in the work-safe manner as provided for herein.
Rochester, N.Y., Code of Ordinances ch. 90 § 90-61 establishes two limited exceptions to standard lead-safety requirements. First, when emergency actions are needed to address an imminent danger to life, health, safety, or structural integrity, occupants must still be protected from lead dust and debris to the extent practicable, though the full lead-hazard reduction process is not required for the emergency work itself. Second, exterior lead-based paint hazard reduction or abatement work that is required under the article may be lawfully postponed when weather conditions make conventional construction activities impossible, but only for as long as those conditions persist.
Plain English — not legal advice.
Property owners and managers operating under ch. 90 § 90-61 generally document the nature of any emergency that triggers the exemption and take all practicable steps to shield occupants from lead dust and debris during that emergency work. Operators typically track weather conditions that delay required exterior lead-hazard reduction or abatement, keeping records that demonstrate the delay was limited to the period when work could not be performed safely. Any work that goes beyond the scope of the emergency itself, or that resumes once weather permits, is generally treated as subject to the full requirements of the article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Rochester, N.Y., Code of Ordinances ch. 90 § 90-61, tenants retain the right to protection from lead dust and debris even during emergency actions, to the extent practicable. If a tenant believes that work labeled as an 'emergency' has expanded beyond its original scope without proper lead-safety measures, or that a weather-related delay has extended unreasonably, they may consider raising that concern as a potential violation. Tenant-rights organizations and local housing agencies can provide information about how to document conditions and what complaint or enforcement pathways may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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