It's Not Just the EPA Enforcing Lead Safety
A Sampling Of Local and State Lead Ordinances
Most of us worry about the fines and other enforcement tactics by the EPA and OSHA. Who knew that local departments of health would force, not contractors, but homeowners to take the responsibility to rid their homes of lead paint danger; with apparently no choice. As reported by WGRZ TV, the Erie County (New York) Department of Health has a program of lead safe homes and that program is being enforced. Owners of homes with lead paint received letters informing them to take action to "minimize further exposure to lead and dust." The letter says in bold print that a "work plan must be submitted no later than 14 days from the date" the notice is received. That may not mean the work has to be done in two weeks, but homeowners should contact the inspector and begin to work out a plan to remediate the problem.
New York State
Because all preschool-age children are at some risk of getting poisoned by lead, New York State Department of Health (NYSDOH) regulations now provide for lead screening of all children under six years of age.
During checkups, the pediatrician must specifically assess the child's lead poisoning risk, and discuss lead hazards with the parent. Even if the doctor determines that the risk for lead poisoning is low, a blood test must be done at around one year of age and again at about two years of age.
Medicaid covers this testing for enrolled children between 6 and 72 months old. If the child doesn't have a regular pediatrician, or if the parent does not have health insurance for the child that covers blood lead testing, parents can call local health departments to find out where to have the test done at low cost or free.
Rochester, NY’s Lead Poisoning Ordinance
In December 2005, the City of Rochester adopted a local Lead Based Paint Poisoning Prevention Ordinance. The new law requires inspections for lead paint hazards as an extension of the city’s existing inspection processes (Certificate of Occupancy, complaints, referrals, etc.), which applies to rental units within the City limits. This law went into effect on July 1, 2006.
Connecticut’s abatement liability law
Under Connecticut law, property owners are liable for abatement of defective interior and exterior surfaces that contains toxic levels of lead and are in a residential dwelling where children under the age of six reside. The regulations do not require a child be diagnosed with an elevated blood lead level in order for them to be applicable. However, if a child has been identified with an elevated blood lead level, more extensive abatement of lead hazards is mandated.
New Jersey’s child screening requirement
Neighboring New Jersey has an enforceable law and it begins with mandatory screening of children for lead blood levels. Levels of 10ug/dl or more would prompt the County Department of Health (DOH) to intervene with the family and educate them with respect to lead paint. Any child with a blood lead level of 20 ug/dl or more would require the DOH to inspect the property for lead paint hazards and issue violations for the abatement of all lead hazards found.
Any child under 6 years of age is to be screened for blood lead poisoning. The level of lead in blood prompting the DOH to issue violations to homeowners for abatement of lead hazards is 15 ug/dl. There is now a consideration to reduce this level to 10 ug/dl.
Massachusetts has been requiring lead safe work for more than 30 years! http://www.mass.gov/?pageID=eohhs2terminal&L=5&L0=Home&L1=Government&L2=Departments+and+Divisions&L3=Department+of+Public+Health&L4=Programs+and+Services+A+-+J&sid=Eeohhs2&b=terminalcontent&f=dph_environmental_lead_g_clppp_about&csid=Eeohhs2
Massachusetts enacted one of the nation’s first state lead poisoning prevention laws in 1971. Since then, Massachusetts property owners have been required to permanently control specified lead-based paint lead hazards in any housing unit in which a child under the age of six resides.
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