The new HUD guidelines for the evaluation and control of lead-based paint hazards in housing

In January 2012, a committee of experts recommended that the CDC change its "blood lead level of concern." The recommendation was based on a growing number of scientific studies that show that even low lead levels can cause lifelong health effects. This new "blood lead level of concern" is 5 micrograms per deciliter of lead in the blood, down from 10 micrograms per deciliter. The new value means that more children will be identified as having lead exposure earlier, and parents, doctors, public health officials and communities can take action earlier. As an owner or property manager this also means a much higher risk of being implicated and held responsible for a lead-poisoned child residing in a building you may own or manage. This change in the New HUD (Housing and Urban Development) Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing, affects many industries. Many of those industries may not realize the impact, but because most state lead-base paint regulations are based off of these HUD guidelines, these laws that govern many industries are now changed as well! This major change may impact you, if you are a landlord, property manager, health officer, school facilities manager, insurance professional or real estate agent. For example, many N.J. regulations all reference back to the HUD guidelines and NJAC 5:17 specifically states, "Rule references the most recent federal version of the HUD guidelines." This also impacts NJAC 5:10 (N.J. landlords law)." NJAC 8:51 N.J. health code says, "However, in order to establish standards consistent with existing Federal guidelines and laws applicable to residential lead hazards, the Department has elected to incorporate by reference, as amended and supplemented the following standards in the rules: the U.S. Centers for Disease Control and Prevention's policy statements, "Managing Elevated Blood Lead Levels Among Young Children: Recommendations from the Advisory Committee on Childhood Lead Poisoning Prevention" and "Preventing Lead Poisoning in Young Children;" and the U.S. Department of Housing and Urban Development's (HUD) "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing." The Department references the Federal Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. §4852d and the regulations of HUD and the U.S. Environmental Protection agency regulations at 24 CFR Part 35 and 40 CFR Part 745 to provide notice to sellers and landlords of rental units of their obligation to report lead-based paint or lead hazards in houses built prior to 1978 to renters or buyers regardless of whether hazard reduction or abatement was completed." In light of these changes it is important to stay proactive, rather than reactive to potential fines and litigation. 1. Make sure you and/or your firm are EPA Renovate, Repair and Painting Rule (RRP) Certified. You can do this by taking an EPA approved RRP Certified Renovator Class from an approved training provider. If you've already taken the initial class make sure you take the required refresher class every five years to keep your certification up to date. If you're not certified and you perform paint disturbances on buildings older than 1978 you could run the risk of heavy EPA fines and litigation. 2. When working on pre-1978 residential or child occupied properties, collect lead dust wipes samples before any work begins. This will be the baseline for the pre-work conditions. Today, lead paint can still be found in traffic paint, lipstick and toys, just to name a few. Because lead dust can be tracked into homes from a wide variety of sources, it is imperative to take these base line lead dust wipes. Upon completion and after all final cleaning, collect post-paint disturbance lead dust wipes. Once you get a clean test result back from the lab, you now have proof that the areas in question were left safe and clean at the completion of your project. Whatever lead dust might migrate into the property after the fact was not associated with your work. Become a dust wipe technician by taking an EPA approved course and lead dust wipe sampling will be least expensive insurance money can buy. Protect yourself and your company, by not letting your occupants, your employees or the government catch you off guard. If you have questions about how you and your industry may be affected by this change, or how to best protect yourself call LEW Corp. and speak with our national lead paint experts. Lee Wasserman is president & CEO of LEW Corp., Mountainside, N.J.