Massachusetts Lead Paint Inspections
Most homes in Massachusetts built prior to 1978 contain lead based paint. If you are pregnant or have children under the age of six living in your home, a lead paint inspection is in order. In fact, in Massachusetts, it is a requirement. At JHR Environmental our licensed lead paint inspectors will perform a thorough examination and testing of your property. All painted surfaces on the interior and exterior will be tested using XRF technology, which gives results within seconds. This state of the art method is the most accurate way to detect lead in paint. For every violation found, our inspectors record the condition of the paint, what structural component it has been applied to, and whether children might access the surface. These findings are compiled in a detailed formal report that deleaders and owners will rely on to locate and address violations. We will work closely with the homeowner and deleading contractors to obtain compliance with MA lead laws. A risk assessment will determine the type and severity of lead based paint hazards and includes suggested ways to control these hazards. Testing for lead in dust and soil is also a component of a risk assessment. John Risko, founder of JHR Environmental is a licensed Risk Assessor as well as Lead Paint Inspector.
RRP Inspections
The EPA Lead Renovation, Repair, and Paining (RRP) Rule went into effect in 2010. If you are planning any renovations disturbing more than 6 square feet inside your home built prior to 1978, you or your contractor must be certified to complete the work. Our licensed lead paint inspectors can conduct a determination report which will indicate whether or not lead paint exits, or you may opt for a comprehensive initial inspection. We will educate you on the RRP rule and which level of certification is necessary to perform the renovations. For more information on the EPA’s RRP rule, click here
Federal Risk Assessments
JHR works closely with cities, community development corporations, and redevelopment agencies that are grantees or sub-grantees of HUD’s Lead Hazard Reduction and Demonstration grants. Along with performing Lead Paint Inspections, we are also required to conduct a Risk Assessment. In addition to testing all the components within a residence, a Risk Assessment involves testing for lead in dust and soil on the property. The report for the Risk Assessment will identify any lead hazards as well as providing hazard control options. Consult with your city or town to determine if such a program is available. We have included some links to communities we frequently work with.
City of Worcester City of Malden City of Somerville
From Inspection to Full Compliance: Mapping the Deleading Process
As the steps in this process can be a bit circuitous and confusing to follow, we’ve drawn up a flowchart to help clients navigate the course.
For a black and white, printable pdf version of this chart, click here
Property Management
As representatives of the owner, property managers must comply with all aspects of tenant landlord laws and Massachusetts lead paint legislation. At JHR, a vast majority of our inspections are done for property managers and landlords. We complete inspections for property owners with as few as three units and property management companies with thousands of units. We work closely with the owners and management companies to guide them through the process from initial testing to compliance.
Maintaining Compliance
Even after the process of testing, deleading, and reinspection is complete, the responsibilities of the property manager are far from over. Ultimately, it is the landlord, and not the deleader, who is responsible for making sure that a property stays in compliance. Components that were initially safely covered can easily become damaged from weather and everyday wear and tear. The most common problem to resurface tends to be with exterior house paint, that deteriorates over time and begins to peel and chip. If a property falls into disrepair, it is possible that a child under the age of six could be exposed.
Interim Control
Interim control is possible in the event that a landlord needs to address an urgent lead hazard immediately, but cannot fully delead the property right away. These imminent dangers might include loose, flaking paint, lead dust, or window wells that test positive and cannot be cleaned properly. After temporary abatement measures are put in place that meet legal requirements, property managers receive a Letter of Interim Control, which grants them up to one year to complete deleading and bring their property into compliance. This letter can be renewed once after the first year, following another inspection to confirm that hazards are still safely contained. If a child under six is living in the residence at the close of the two year deadline, the property must be deleaded, even if it has been sold within that period of time.
Tenant Lead Law Notification Forms
Every time a residence built before 1978 is rented in Massachusetts, the incoming tenant must sign two copies of the Tenant Lead Law Notification and Tenant Certification Form. The property manager must then provide the tenant with one of these copies for her records. This form is necessary regardless of whether children under six will be residing in the home, and is for compliance with both Massachusetts and federal lead notification requirements.
Discrimination
It is illegal to bar qualified families with young children under six from renting available housing. This sometimes occurs when property owners hope to forgo the trouble of fully deleading a multi-residential property, and decide to show these families only the units they know to be lead-safe. This practice is called ‘steering’ and is considered discrimination. The Massachusetts Attorney General will absolutely prosecute responsible parties for steering and for any other form of discrimination.
