Lead Hazards

Lead can be found in paint, dust, soil, water pipes, foods, workplaces, and hobby materials. Of all the possible sources, lead from chipped and peeling lead-based paint in and on our homes is the greatest source of lead poisoning.

Paint applied before 1978 that is chipping or peeling is particularly hazardous. Windows, doorframes, steps, and porches are friction areas where chipped paint is likely to be found. Children are at higher risk because they are on the ground and may get dust on their hands and put their hands in their mouth.

When is lead a risk?

• Have you remodeled or are you planning an improvement project? Was your property painted before 1978? Paint used before 1978 that is chipping or peeling on walls or friction spots such as windows may be a lead hazard.
• Pregnant women and children under six years old are most at risk from harmful lead poisoning.
• Do you have lead solder? Lead solder may have been used in plumbing installed between 1970 and 1985.
• Do you have areas of bare soil around your property? Lead paint chips or lead dust may have gotten into the soil.

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What can I do to make my property lead safe?

Call the LeadLine at 503-988-4000 and talk to a certified lead risk assessor about the following free services (free within, at least, the Bull Run Water District):

Free Information for repair and remodeling - Remodeling and improvement projects can generate harmful lead dust. The LeadLine provides do-it-yourselfers with suggestions and printed brochures on lead-safe work practices.

Free Lead Poisoning Prevention Workshops – The Community Energy Project offers workshops on how to keep your family lead safe to qualified participants. Workshop participants receive lead poisoning prevention kits with cleaning supplies, lead check test swabs and access to their HEPA vacuum lending program.

Free Tap Water Testing – Exposure to lead through drinking water is possible if materials in a building’s plumbing contain lead. Many water providers offer free lead in water testing for their customers.

Free Childhood Blood Lead screening – The only way to know if your have lead poisoning is to have their blood tested.

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Legal Requirements:

How Does this Relate to Fair Housing:

Although lead poisoning is especially dangerous for kids, the fear of poisoning or liability does not give housing providers the right to deny or discourage families with children away from pre-1978 using. Familial status is a protected class under federal fair housing law and doing anything to deny or discourage otherwise qualified families is illegal. There are, in fact, fair housing cases on the books related to just this topic and those housing providers who attempted to steer families away from older housing stock fearing harm or liability around lead-based paint have lost.

Case Law:
HUD's 1997 Memo "Requirements Concerning Lead-Based Paint and the Fair Housing Act"
http://FHCO.org/pdfs/lead_and_fair_housing.pdf

HUD Announces Settlements Against Two San Antonio Landlords
http://FHCO.org/pdfs/LEAD_HUDcase_05102010

Lead Disclosure Requirements:

For a conscise flyer on "Lead Requirements for Housing Providers" visit www.FHCO.org/pdfs/lead_reqs_for_hs_provs.pdf

As you should know federal law requires housing providers to disclose anyknown lead-based paint hazards to consumers and provide the booklet Protect Your Family from Lead in Your Home (1) and a designated disclosure form to the the renter or buyer before they are obligated under contract. You can download the rental disclosure form or the sales disclosure form here; each of these links are in PDF format (2).

This has been a legal requirement for all sellers, agents, landlords, and managers since 1996; for all “target housing,” that is, residential dwellings built prior to 1978.

In March 2008, the EPA issued additional federal mandatory disclosure requirements triggered by repairs and renovations. These new requirements did not eliminate the original disclosure and booklet requirements above. The newer disclosure and consumer advocacy efforts must be followed any time a non-owner occupant disturbs six (6) square feet or more of possible lead-based paint inside the home, or twenty (20) square feet or more of possible lead-based paint is on the exterior. The following requirements must be followed any time 6 or 20 square feet of painted surface is disturbed in a pre-1978 residence.

AS OF DECEMBER 1st, 2008:

Those performing renovation, repair and painting projects on pre-1978 housing must provide the new Renovate Right (3) brochure to owners and / or occupants. On page 15 of this brochure is a Sample Pre-Renovation Form that must also be used.

AS OF APRIL 22nd, 2010:

Those doing work on pre-1978 housing must also be certified to do so and to follow specific work practices. You must, by law, hire a contractor who is lead-safe certified; or become certified yourself if doing work on a home you do not occupy. In addition, the Renovate Right brochure must continue to be given to owners and / or occupants and the Future Sample Pre-Renovation Form found on page 17 must be used.

These new rules only apply to those who perform renovations for compensation; however, for the purposes of this regulation, compensation includes pay for work performed (such as that paid to contractors and subcontractors); wages (such as those paid to employees of contractors, building owners, property management companies); and rent for target housing (pre-1978 housing) or public or commercial building space. This is most definitely something every landlord, property manager, sales agent, homeowners association, etc. (IE: any housing provider of pre-1978 housing) needs to know and comply with.

To learn more visit http://www.ccb.state.or.us/CCB/lead-based-paint.shtml. If you have questions or want to know where to find certified lead-based paint renovation contrators, or to be come certified yourself call the LeadLine at 503-988-4000.

Certification Update:
06/21/10
EPA Extends Deadline For Lead Paint Training
KATU.com Article

NOTE! Although lead poisoning is especially dangerous for kids, the fear of lead poisoning or liability does not give housing providers the right to deny or discourage families with children away from pre-1978 using. Familial status is a protected class under federal fair housing law and doing anything to deny or discourage otherwise qualified families is illegal.

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Most of the news items posted above have been archived
in Portable Document File (PDF) format. 

You will need the Adobe® Reader® software to view this document; in addition, if you have any difficulty viewing the document, downloading the latest version may remedy the matter. Download a free copy of Adobe Reader (http://www.adobe.com/products/acrobat/readstep2.html) if needed.

(1) The Protect Your Family from Lead in Your Home booklet is also available in the following languages on the HUD site: Spanish, Vietnamese, Russian, Arabic and Somali.

(2) Both of the original disclosure forms (sales and rental) are available in Spanish on the HUD site.

(3) The Renovate Right brochure is also available on the EPA site in Spanish.

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Did You Know that Trendy Salvaged Building Materials May Pose a Risk?

People should think twice and ask about lead paint when they buy old building components. Anyone that works with older building components or antique furniture, even with the original paint is not visible, should be aware that lead can cause serious and incurable physiological damage. Although the sale of lead-based paint was banned in 1978, it remains in about 24 million homes according to the Centers for Disease Control and Prevention. According to Rebecca Morley, executive director of the National Center for Healthy Housing, “We estimate that each year, renovation and painting work exposes 1.1 million children to the risk of lead poisoning.

In addition to lead-based paint on the walls or salvaged pieces brought into the home, it has been determined that about 75% of pre-1978 bathtubs have lead in their glaze and that about 40% of these tubs will have measurable levels of lead dust when dust samples are collected from the surface of the glaze. Older claw foot tubs, like well-appointed front doors, are another popular retro salvage yard item.

Read the rest of the article here (PDF) and learn more about Lead in Demolition Debris from the State of Washington's Dept. of Ecology.

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Six Tips to Protect Children from Lead Poisoning

• Have their blood lead tested!
• Use only fresh, cold water for drinking, cooking, and making baby formula. Run the water from the coldwater tap until the water feels noticeably colder (about 30 seconds to 2 minutes). This flushes standing water out of pipes, replacing it with fresh water.
• Wash hands, pacifiers, toys, and stuffed animals frequently.
• Have children play on grass instead of bare dirt. Take off shoes when entering the house to avoid tracking in soil that may contain lead.
• Meals high in iron, vitamin C, and calcium help prevent young bodies from absorbing lead.
• Get your tap water tested for lead.

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What About Lead in Water?

While the greatest risk for lead poisoning comes from lead-based paint, exposure to lead through drinking water is possible if materials in a building’s plumbing contain lead. The level of lead in water can increase when water stands in contact with lead-based solder and brass faucets containing lead.

In the Portland area, houses and buildings built between 1970-1985 are most likely to have lead solder in the plumbing. Many water providers offer free lead in water testing for their customers. Call the LeadLine at 503-988-4000 to see if you are eligible for a free water test.

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