Lead, (Pb on
the Periodic Table from Chemistry 1A), has been an integral part of human
existence for thousands of years. It has
been very useful and instrumental in the development of plumbing, waste
disposal, and water diversion systems from early civilizations. Most importantly lead-based paint was used
prolifically up until 1978 to paint the homes, dwellings, and buildings of the
United States. It is estimated that 38
million homes in our country have some form of lead-based paint in the interior
or exterior. Although lead has helped
advance our human cause it has also presented hazardous health side effects
which required laws restricting its use and requiring disclosures. Property managers, landlords, and owners who
rent for a fee must be aware of the requirements set forth by State and Federal
Law before renting, leasing or even selling a property built prior to 1978.
Lead is Found All over the World
Metallic in
form lead is found all over the world, in each continent – usually mined as an
ore, copper, silver, zinc or other metal.
Archaeologists believe that lead has been used since around 6500 B.C.
primarily because of its low melting point and ease of manipulation. Originally used to make tools, cookware, and
plumbing systems lead found its way into cosmetics, hair coloring, glazed
ceramics, toys, game pieces, bullets, gasolines, and interior and exterior
paints to name a few products. Lead
became so pervasive in paints that it is estimated that over 38 million homes
built prior to 1978 have lead in the paint somewhere in the homes.
Why was Lead Eliminated from Paint?
The most
common source of lead poisoning was determined to be dust from friction of
painted surfaces which was inhaled. Lead
paint becomes a hazard when: 1) it starts to deteriorate including cracking,
peeling, or chipping; 2) if it is in a high friction area it can turn to dust,
such as a window sill or door frame; 3) when it is located in areas that
children can access like railings, stairs, door frames, window sills; or 4)
where areas containing old paint are being renovated.
After
research into lead poisoning was determined to be directly related to lead in
residential house paint a directive to enact safety requirements led to some
new laws promulgated by both State and Federal governments. In 1992, The Residential Lead-Based Paint
Hazard Act (“The Act”) became law which was designed to help protect
individuals, mostly children, from the hazards of lead in paint, dust and
soil. The Act allowed the Department of
Housing and Urban Development along with the Environmental Protection Agency to
create specific requirements for paint with lead in housing built prior to
1978. Under The Act property managers,
landlords, and sellers are required to: 1) provide lead paint disclosure pamphlets
to prospective renters, lessees, or buyers; 2) disclose knowledge of lead paint
including location of any known lead paint hazards; 3) provide records of paint
hazards or locations; 4) give buyers ten (10) days to inspect a home with Pb-paint;
5) attach a Pb-paint warning to the lease or contract which discloses warning
of possible hazards; and 6) keep records for three (3) years of this signed
document.
The Fine for Owner’s Violations is
Significant
In the event
a property manager, landlord, or owner fails to follow the law, fails to
disclose the known existence of Pb-paint, or fails to comply with any aspect of
the law a fine of $10,000 can be imposed on the owner of the property plus
paying damages to the tenant, lessee, renter, or buyer including possible loss
of attorneys’ fees. The best practice is
to make sure the age of construction of the house, dwelling or unit, fully
disclose all information about the unit, and provide the required disclosures.
How can this Problem be Eliminated?
There are
basically two choices for property managers, landlords, or owners who are aware
of paint laced with lead. First, a temporary
repair can be utilized by painting over the older painted areas. Second, a permanent but more expensive fix
involved complete abatement or removal of the paint.
Property Managers, Landlords, and
Owners must be Educated about Lead Paint
Without
proper education a property owner, landlord or owner who rents or sells a
property prior to 1978 might be setting themselves up for some trouble. It is a must that these individuals
understand the law, the required disclosures, and the minimum efforts necessary. Owners must also be aware that the
individuals that they hire to manage their properties should be educated,
professional, and perform all their statutory duties or else consequences may
result.
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