Lead Law Changes 

by JOHN MACISAAC, ASAP ENVIRONMENTAL, INC | Jan 02, 2018
On December 1, 2017 the Massachusetts Department of Public Health made some changes to the Lead Law that all Realtors® should be familiar with. The changes impact deleading standards as well as the standards for lead poisoning in children. The Massachusetts lead law currently states that homes built before 1978, whether tenant or owner-occupied, must be brought into compliance with the lead law if children under the age of six live there.
These changes will result in a significant decrease in the cost of deleading. It also will help make it easier for properties to receive Initial Compliance. However, buyers will also
have more potentially leaded surfaces left behind now in the home. This means a greater responsibility for homeowners to maintain the property to ensure continued compliance.

The Current Standard:

The current standard identifies hazards as any surface with lead-based paint on it
equal to or greater than 1.0 milligram of lead paint per square centimeter that has either:

• Loose paint (L);
• Accessible/Mouthable (A/M); and
• Movable/Impacted (M/I) surfaces

Under the current lead law, surfaces such as baseboards, chair rails, walls, doors, door
jambs, door casings, closet components, and window components, to name a few, can be considered A/M and would need to be addressed for compliance. The changes to the lead law implemented December 1, 2017, changed which surfaces are A/M, as well as the actionable blood lead level in a child, add in Friction (F) hazards, and significantly decrease the cost of deleading.

The changes also affect the A/M surfaces and F surfaces. The A/M hazard will now be applied to only three surfaces: window sills (5 ft. or less from floor, stair tread, or ground), handrails, and railing caps. The deleading standard for these surfaces has not changed. All other surfaces that were considered A/M prior to December 1, 2017 will now only need to be at an intact standard for compliance. The F surfaces include: door edges, door jambs, and stair treads.

The standards for these surfaces now require deleading at all points of potential friction, stair treads will need to be deleaded in their entirety, and these surfaces cannot be encapsulated.

New Lead Levels:

The lead threshold in a child’s blood level has been lowered from 25 micrograms per deciliter (μg/dL) to 10 micrograms per deciliter (μg/dL). Now any child who has a blood level at 10 μg/dL or higher will be considered lead poisoned and the Childhood Lead
Paint Prevention Program (CLPPP) will take action. A blood level in the 5-9 μg/dL range will be considered a level of concern and CLPPP will reach out to those families with information on how to best proceed.

Lead Inspection:

The impact on the frequency of lead inspections will depend on a homeowner’s situation. Homeowners who rent to Section 8 housing recipients may need more frequent inspections. Generally, if a homeowner maintains their property and paint remains intact, their property will remain in compliance with the lead law and there should not be a need for updated inspections.

What Realtors® Need to Know:

All Letters of Compliance and Letters of Interim Control issued before December 1, 2017 remain in full effect. Parties to a real estate transaction with a Letter issued prior to December 1, 2017 may: 

1. Use the report they currently have and delead to the new standards; or
2. Hire a licensed inspector to do an addendum as full inspection using the new reports and testing protocol.

Unauthorized Deleading:

Furthermore, there are some updates regarding unauthorized deleading (UD). UD is if your property has no previous lead inspection history, but signs of deleading are found throughout the home. As of December 1, 2017, there will be three signs that will
constitute UD. They are: scraped door edges, scraped stair treads, and unusual coverage for surfaces that are M/I, A/M, or F. Additionally, if a lead inspector sees
three instances of leaded door casings but negative jambs and/or leaded window trim, but negative sills, this will be considered UD.

New homeowners that have purchased a property that was previously issued a  Documentation of Environmental Status Letter may convert to a Letter of Compliance after three years from the issuance date have passed. A new inspection using the new forms and testing protocol will be needed. If any deleading is required it must be done by authorized individuals. Only after a passing set of dust wipes and approval from the state can a Letter of Compliance be issued.

Going Forward:

Realtors® and other industry professionals should make their clients aware of these new changes to help in their client’s decision to either buy or sell a home. 

The amount of deleading that needs to be done at a home can significantly impact a decision to buy or sell a home. It is also important to remind clients that with these changes bring with them an even greater need to maintain homes due to the fact that  these new changes allow more surfaces in the home to have intact lead paint. Visit the Massachusetts Department of Public Health’s website for more information.