Lead

Excessive amounts of lead can cause lead poisoning and serious disabilities—especially in children. Few lead pipes were used in homes built after 1930. In 1978, the federal government drastically limited the lead content in paint. In 1988, lead-based solder was banned in home plumbing.

Lead can be found in the following substances:

• Paint
• Lead pipes and lead-based solder used on copper pipes
• Soil that can be released into drinking water when acidic or soft water corrodes pipes or solders or when leached from brass fixtures and lead-lined tanks in water coolers
• Leaded gasoline also contributed to lead in the soil prior to its ban

Federal Laws
Because of the health hazards that stem from lead-based paint (typically found in urban housing constructed before 1950), the Residential Lead-Based Paint Hazard Reduction Act was enacted in 1992.

• This act, often referred to as Title X, calls for the evaluation of lead-poisoning risk in each residence and action in reducing that hazard.
• Since 1996, it also requires landlord and seller disclosure in connection with the rental or sale of pre-1978 dwellings. Copies of the regulation and the information pamphlet that must be given to renters of pre-1978 buildings can be obtained from the National Lead Information Center at 800-424-LEAD or http://rhol.org/forms/

• All leases, rental, and real estate sales agreements must also include certain language to ensure that disclosure and notification actually take place.

• Both OSHA and the EPA have written regulations explaining this rule.

In 1999, the Toxic Substances and Control Act (T.S.C.A.), Section 406(b), went into effect. It applies to residential properties built before 1978.

• It requires that tenants be given notification every time a painted surface of more than two square feet is disturbed.
• It specifies that information about the work in an occupied unit as well as common areas must be provided to tenants.

A Reasonable Lead Management Approach

• Provide tenants with the EPA booklet (June 2003), “Protect Your Family from Lead in Your Home.”
• Disclose information about lead risks on the property to prospective and/or renewing tenants before they sign a lease.
• Inform tenants when repairs or renovations will take place.
• Give the tenants another copy of the EPA booklet before beginning work.
• Test for lead hazards in paints or pipes. If lead is present, take appropriate action.
• Consult an expert.
• Clean up lead-contaminated dust with a specifically designed vacuum and detergent.
• Repaint with lead-free paint.