An inspector can also take a physical sample, a paint chip, for laboratory analysis where, for example, the nose of the machine can't fit or if the surface being tested is not flat enough, such as rounded moldings. Any amount too small to measure is negative, and no abatement is required. The hammering and other work during the renovation could have released lead dust into the air. Though NY presently has no license requirement for lead abatement contractors, at least the Health Code 173.14 mandates a protocol for safe work practices, based on the federal HUD guidelines. The problem in NY is not that the work takes place, but that we don't have a way for consumers to know who is fit to do the work.
Nothing is worse than scraping of paint believed to be lead-based.
The action of scraping reduces the paint to lead dust which is the number one source of the harm to children. Current NYC DOH and NYC DHPD regulations do not permit scraping of surfaces believed to have lead paint. When a job is properly done, safety measures are observed and cleanup is done according to the existing protocols. That's why clearance dust testing is required. Mr. Tierney is just so misinformed that I'd be more than happy to meet him and give him a short course in the business of lead-based paint.