Lead Dangers
The past use of leaded gasoline, only recently banned in this country,
contributed greatly to the number of cases of childhood lead poisoning in the US
during the last sixty years or so. The lead produced by vehicle emissions
continues even today to present a hazard, as much of that lead now remains in
soil where it was deposited over the years, especially near well-traveled roads
and highways. Children who play in dirt contaminated by lead (whether that lead
is from gasoline emissions or from deteriorated house paint) can end up with
lead-contaminated soil under their fingernails or on their toys, or they can
track it into their homes. Even pets can come into contact with
lead-contaminated soil and cause human exposure to lead. In each such case, an
elevated blood lead level can easily result.
How can I check my home to see if it contains lead-based paint hazards?
If you live in a home built before 1960, it is very likely that it contains
some lead paint. Homes built between 1960 and 1978 may also contain lead paint,
but they are less likely to, the closer you get to 1978, when the
Consumer Product Safety Commission finally issued its ban against lead-based
paint. If you live in a home built before 1978 that also has been allowed to
deteriorate for a few years, you may have a lead-contaminated dust problem. To
find out if your home contains lead paint or a lead-based paint hazard, you
should hire a professional.
If all you want to do is find out if there is lead paint in your home, you
should hire a lead inspector to test all the paint. Depending on the size of
your home, this normally takes between one and four hours. You will know the
results of the inspection on the spot. The inspector will be able to tell you
whether or not there is lead paint in the home, where it is, and the
concentration of lead in the paint. (Older homes contain higher concentrations
of lead in paint than homes built after the early 1950s. The higher the
concentration, the greater the hazard once the paint deteriorates.)
If you also want to find out if your home contains any lead-contaminated
dust, which is the most dangerous of all lead-based paint hazards, you should
hire either a risk assessor or a sampling technician. They will take samples of
dust throughout your home and then send them to a laboratory for analysis. You
should be able to learn the results within three to seven days. You will learn
whether there is any lead-contaminated dust in your home and where it was found.
A risk assessor can also tell you what you should do next to take care of the
problem. Alternatively, you can buy a dust sampling kit and carefully do the
sampling yourself, send the samples to an appropriate laboratory for analysis,
and get the results directly from the lab. This is a less expensive way to find
out about lead-contaminated dust in your home. The National Safety
Council offers a lead dust test kit that includes everything a consumer needs to
determine the presence of lead dust in their home, including detailed
instructions and a pre-stamped, pre-addressed envelope to the lab for sample
analysis. Download
an order form.
Various manufacturers also offer what is called a "spot test kit,"
basically a sampling tool that uses a chemical process to help consumers figure
out if there is lead present in household paint, or even on ceramicware or on
toys. However, spot test kits are not considered completely reliable tools in
terms of their accuracy, and they should not be relied upon for definitive
answers regarding the presence of lead paint.
To locate a lead inspector, a risk assessor, or another certified
professional in lead hazard evaluation and control activities, proceed to the
Lead Listing at http://www.leadlisting.org.
What laws help prevent lead poisoning?
At the Federal level, the Lead-Based Paint Hazard Reduction Act of 1992,
known as Title X (Title ten), is the source of much of the law of the land on
lead paint. One of its most important requirements is the disclosure of known
lead hazards at the time of the sale or lease of a home built before 1978.
Sellers and landlords must also provide a pamphlet on lead poisoning to the
buyer or renter before the pre-1978 property is sold or rented.
The Federal lead hazard disclosure laws have been vigorously enforced by the
US Department of Housing and Urban Development (HUD), the US Environmental
Protection Agency (EPA), and the US Department of Justice (DOJ). For the past
five years, these Federal agencies have been working closely together to help
ensure that property owners and real estate agents comply with the Title X
disclosure requirements.
Similarly, Title X also requires renovators, remodelers, and others who
conduct such activities for compensation in homes built before 1978 to provide
the pamphlet entitled Protect Your Family From Lead in Your Home to the owners
and occupants of affected housing, prior to beginning the work.
At the state or local level, your state or municipality may have enacted
additional laws to protect you from lead poisoning. Check with your state and
local health and housing departments for details.
Code enforcement is another important legal tool that can be used to prevent
lead poisoning. Most local codes already prohibit chipping, peeling paint
conditions.
Generally, under what is called "common law," tenants have a right
to live in safe housing, otherwise known as the implied warranty of
habitability. Premises that contain lead-based paint hazards are inherently
unsafe places to live. If you can demonstrate that your rented home contains a
lead-based paint hazard, you should immediately contact your landlord or
property manager and notify them of the presence of a lead hazard. Do it in
writing and keep a dated copy for your records. If they fail to respond in a
timely and effective manner to this notification, you may have legal recourse
against them. Consult an attorney for further information—and take your own
precautions.
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