Lead Paint Remediation

[Rick Santasiere]

Good evening BP Colleagues.  Has anyone ever gone through a Lead Paint Remediation process before?  In my experience, if Lead Paint is proven to be present (and is disclosed), the property is labelled to the world. So my question is, what type of work is required for remediation?  Do walls, ceilings, trim have to be removed and replaced?  I have worked with several contractors who have turned down work for fear of LBP and not being certified to do so (understandable), but really never delved in to how a house is truly remediated and what that process is.  There has to be a few of you who have been through this experience before.  Thanks in advance, would love to hear your stories, insights!

[Derreck Wells]

Hi all.

I'm going to start off saying I'm not an expert in CT law. I'm licensed in MA, not CT, but I did just read through CT law (CT DPH Lead Site link opens in new window) and it's almost the same as here (please note, I didn't study it, I just skimmed it). I'm going to speak based on MA law and assume it's the same in CT with the one exception I'll mention. Please talk to the DPH in CT to verify and make sure you're not violating any laws.

If you're a MA landlord reading this, you can message me and I can check the database and see if the building you're interested in has already been done. CT doesn't have a statewide database that I could find.

I'll start with the most recent comment first; @Chad Fernendaz In EVERY state it's required to tell the buyer if there's lead paint, that's a Federal law. There is a HUD brochure that you have to hand out, plus usually state papers too.

Next up, @Mike McCarthy It's not "alarmist". Asbestos was the best thing in the world right up until it wasn't. Lead is a serious issue. It causes ADHD, aggression, lower IQ, learning disabilities, and a host of other issues in kids. To fend of the "We grew up with it and we're fine." argument; It is becoming more and more of an issue as the paint reaches the end of it's life span and deteriorates and chalks up or cracks and falls off. The paint was still intact when we were kids. Also, the house itself is requiring more and more repairs to modernize it and get it up to new codes, so more and more of the lead paint is being disturbed then when we were kids. The "leave it" argument just isn't possible anymore. Doors are becoming more and more out of true and rubbing creating dust, windows are sticking and rubbing creating dust, paint is flaking and leaving chips that get stomped into dust by people walking on them. The exterior paint is flaking and falling, getting stomped into dust. Etc. Etc.. This isn't alarmist, it's fact. The lead poisoning rates have skyrocketed in the last 10 years. Lead paint is in almost every home built before 1978, and many built after as builders continued to use the paint stock they had on hand. (One of the advantages of lead paint is it didn't spoil in the can like today's paint does. I know of a guy in 1996 who painted his deck with lead paint  that he didn't know it was lead based, he found it in his basement and it was still good.) It's law (yes, CT too) that if a child shows elevated blood lead levels (BLLs) that the Dr has to report it to the state DPH. The state then steps in and tests the property and forces the issue, you must delead.  

This is the POSSIBLE exception I mentioned above, CT laws says:

"Sec. 19a-111c. Abatement of lead in dwellings. List of encapsulant products. Regulations.

(a) The owner of any dwelling in which the paint, plaster or other material is found to contain toxic levels of lead and in which children under the age of six reside, shall abate, remediate or manage such dangerous materials consistent with regulations adopted pursuant to this section. ..."

So the wording in this law (there may be others, check to be sure) says "is found to contain" "and in which children under 6 reside" then you must delead. In MA, they went a step further and made it law that you can't rent to families with kids under 6 without having the house tested for lead and having a lead certificate on file with the state. This CT law doesn't specifically say you have to delead before you can rent to a family like MA does. Again, it may say that in a different section.

Now the other 2 points you made Mike, encapsulation and abatement both need to be done by a licensed lead contractor. YOU CANNOT DO THIS YOURSELF. If you attempt to delead, you will get flagged for Unauthorized Deleading (UD) and pick up some fines and never be able to get a lead certificate. You can get a Letter of Environmental Protection which basically says that you attempted illegal deleading, got caught, then the state had a licensed person fix it. Contractors will charge you more to delead after you have attempted it yourself as we have to fix whatever you screwed up. It's our responsibility to make the place lead safe, once we take on the project, we have to fix it all. There are specific laws on what components have to be deleaded by which method. For instance, you can only encapsulate certain components and not others. UD also jacks up your insurance and lowers your rent as people won't want to be there, they won't trust you to take care of the house properly. "If you tried to do that illegally, what else was done illegal?" type of attitude. Now, if you were to replace windows during a remodel and they happened to have lead paint on them, that's legal as you were remodeling, not deleading. The law is about the intent. Flat walls are a concern. The paint needs to be intact and kept intact. It doesn't have to be covered or replaced as some other components do because it isn't mouthable, a kid can't get his mouth around it to chew on it. This is what is learned in getting your deleader's license, which is very different then the Federal 8 hour RRP course that every contractor in the country is supposed to take.

On to the original post. Assume $3000-$5000 per unit and count the exterior as a separate unit and use that number in your negotiations. So a 3 family becomes a 4 unit = $12,000-$20,000 to delead. Assume the higher end of that number if the windows are old or painted, they will probably have to be replaced during deleading and that adds up fast. 

If I can answer any more questions, let me know.

Derreck