Residential Real EstateAmerican Academy of Pediatrics Warns That Lead is Still a Danger
According to recent EPA statistics, nationally there are approximately 64
million houses that are suspected of containing lead paint. In New England,
51 percent of the housing inventory was constructed before the federal
government prohibited the use of lead in paint. Similarly high percentages are
found in many parts of the United States.
Lead poisoning is still a big problem in the United States. Particularly
prone to lead poisoning are young children. According to the American Academy
of Pediatrics, nearly 900,000 children have elevated levels of lead in their
blood in the United States. While this figure appears to represent a marked
decrease from national studies taken 15 years ago, it is clear that further
protective action is necessary to protect our children.
Lead poisoning is associated with a variety of serious illnesses. Many experts
associate lead poisoning with brain damage. Children with learning
disabilities in certain cases may suffer from lead poisoning.
One of the biggest culprits appears to be old, lead paint. Many older homes
were painted with lead paint, both inside and outside. Smaller children have
been known to bite the paint and become infected. Flaking and chipping paint
and contaminated soils, such as those near highways and incinerators, are other
lead sources. Often, it is children in poorer, urban areas that are most at
risk because they have multiple exposures.
Something needs to be done and, the good news is that nationwide, something is
being done. For example, the Allegheny County Health Department in
Pennsylvania has launched a campaign to warn do-it-yourself remodelers about
the dangers of lead poisoning to young children. According to the Allegheny
County Health Director, while lead poisoning still occurs most frequently in
lower-income families living in poorly maintained housing, there is an increase
in reported poisonings in middle-class families that are buying and renovating
older homes in the cities and suburbs.
This past July, the EPA published a final rule which requires tenants to be
informed of lead paint dangers. The rule requires those individuals who
perform renovations to pre-1978 housing to provide a lead hazard information
pamphlet to the owners and tenants of such housing before proceeding with the
renovations.
This pamphlet offers the following warning: "Lead poisoning in young children
may produce permanent neurological damage, including learning disabilities,
reduced intelligence quotient, behavior problems, and impaired memory."
As lead related problems are gaining increased notoriety, litigation and
enforcement efforts are on the rise. A ruling in Allegheny County,
Pennsylvania recently opened the door for plaintiffs to sue a housing authority
for money damages for failing to conduct adequate lead paint inspections in
federally subsidized housing.
And an EPA Enforcement Coordinator has reported that his office recently
conducted a round of inspections and is in the process of issuing complaints
and subpoenas in various cities. He stated that this activity is ongoing
nationwide and EPA"s efforts to enforce the lead law will lead to increased
levels of enforcement activities in upcoming years.
This past September, the EPA filed a civil complaint against a property
management company based in Maryland. The complaint alleged in four counts
that the company violated the federal Toxic Substances Control Act by failing
to comply with the regulatory requirements enacted under the Residential
Lead-Based Paint Hazard Reduction Act of 1992. The EPA may assess a civil
penalty of $11,000 per lead related violation. However, the EPA must take in
account the nature, circumstances, extent and gravity of the violations
alleged, the violators ability to pay, effect on ability to continue to do
business, history of prior violations, degree of culpability and other matters
as justice require.
Many states and local governments also have lead laws and lead abatement
programs. For example, in 1993 Louisiana established its own comprehensive
lead compliance and enforcement program. The act, which was amended in 1995,
requires certification of lead abatement professionals, development of
approved lead abatement protocols, and increased public awareness through
outreach programs.
According to the American Academy of Pediatrics, stepped up testing of children
is needed in communities containing at least 27% housing inventory that
predates 1950. Targeted screening is also urged for other children considered
to be at risk.
If you have any questions about lead poisoning or lead abatement laws, contact
the EPA, your state health or environmental agency, or your local health
department.