Sunday, November 24, 2013

Investment property built befor 1978 Lead Law

The lead law in older houseing is pretty straigh forward. Any home sold that was byukt before 1978 may have had a substance called lead that was added to the paint or plaster. It was a stabilizing agent still allowed in Marine & commercial uses wiht the discliamer that it is not allowed for residential property usage. The areas that it references are an peeling or chipping paint up to 5 ft on a mouthable serface or any frictional surface regardless of height or an peeling or chipping paint or plaster regardless of height. Over 5 feet the surfaces must be intact. Frictional surfaces are any surfaces 4 inches or under a child under 6 could put there mouth on or around or that dust could be created by rubbing surfaces. This includes all doors and windows. It is important to note that not all 1978 pain, plaster , or stain had lead added to them so testing maybe needed if a child lives in the property or visits the property on a regular basis and if you should delead the surface. There are lots of guidlines that the EPA puts out on this and each state further clarifies and inforces the law. Some states include soil testing for dropped dust or lead chips and some do not. ALL federal grants include all federal guidlelines, including the soil test. Sometimes lead is more suspect if the paint is cracking like an aligator or little squares. But some vanishes and stains may have a similar pattern without any lead at all. Newer paint types like latex tend to peel off in sheets. However, it not uncommon to see lead paint on lower layers covered by laytex or encapsulation paints. The only way to know if there is lead in the property is to have the surfaces tested either with kits or by hiring a licensed lead inspector. Seller are not obligated to test or delead on a sale only disclose there knowledge of lead, testing,& certificates unless they have been issued a violation order to correct based on an inspection.

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