Federal law requires that individuals receive certain information before renting, buying or renovating pre-1978 housing. In general landlords and sellers have to disclose known information on lead-based paint and lead-based paint hazards before the lease or the home sale takes effect. Leases and contracts must include disclosure about lead based paint. If more than two s/f of painted surfaces are disturbed during renovations then the contractor must also be informed of the presence of lead based paint and be given the EPA pamphlet discussing lead based paint
N.Y.C.'s Lead Paint Hazardous Reduction Law (also known as Local Law 1) went into effect on August 2, 2004. The law covers all pre-1960 multiple dwellings. As an owner of a property in N.Y.C. it is your responsibility to familiarize yourself with Local Law 1 and to comply with its requirements. As part of the law owners must investigate units where children under six years of age resides as well as common areas in the property to find peeling paint, chewable surfaces, deteriorated subsurface, and friction and impacted surfaces. This investigation must be conducted at least annually or more often if the owner knows about a condition that may cause a lead hazard or the occupant complains of such conditions. Under Local Law 1 landlords are also responsible for making all apartment lead safe upon apartment turnover.
Lead paint investigations must be performed by a third party EPA certified inspector. The lead paint investigation can be performed by collecting paint chips or with a field portable X-Ray fluorescence (FP-XRF) instrument. The XRF can determine the presence of lead paint in real-time and will therefore offer considerable reductions and cost and time when compared to collecting paint samples. On average the XRF can complete the investigation of an apartment in less than one day.
Lead paint can cause serious health conditions in both children and adults. Therefore, lead paint should always be managed properly. Contact Hydro Tech today to see how we can help you.
Rachel Ataman, LEED AP, is VP of technical services for Hydro Tech Environmental, Corp., Commack, N.Y.
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