Massachusetts Lead Law
Lead poisoning is a significant concern for young children in Massachusetts, with hundreds of cases reported each year. In order to safeguard the well-being of children, the state has enacted the Lead Law, which aims to ensure that every child has the right to live in a lead-safe environment.
The Lead Law specifically requires the removal or covering of lead paint hazards in homes constructed before 1978 where children under the age of 6 reside. Lead paint hazards include loose lead paint, lead paint on windows and friction surfaces, and other accessible surfaces that may pose a risk to children. Compliance with this law is the responsibility of property owners, including those who own rental properties or reside in their own single-family homes. Fortunately, financial assistance in the form of tax credits, grants, and loans is available to support compliance efforts.
To comply with the Lead Law, there are certain steps that need to be followed:
1. The first step is to engage the services of a licensed lead inspector who will conduct tests to identify any lead hazards within the home. The inspector will thoroughly document all identified lead hazards.
2. Engage trained and licensed professionals: If lead hazards are found, the subsequent deleading work must be carried out by trained and licensed individuals. It is crucial to hire professionals who possess the necessary expertise in lead hazard control.
3. Obtain a letter of full deleading compliance: After the deleading work has been completed, a licensed lead inspector will conduct a reinspection. If the property passes the inspection, you will be issued a letter of full deleading compliance, indicating that the lead hazards have been successfully addressed.
Alternatively, if you choose to address only the urgent lead hazards while controlling the remaining hazards, you may opt for a temporary method known as Interim Control. To pursue this approach, you will need to engage the services of a licensed risk assessor who will assess the required work for interim control. Once the risk assessor approves the interim control measures, you will receive a Letter of Interim Control, providing you with up to 2 years to fully remove all lead hazards and obtain a Letter of Full Compliance.
It’s important to note that certain tasks can be performed by the property owner or their authorized agent, while others must be carried out by a licensed deleader. However, before any work can commence, the home must be inspected by a licensed lead inspector, and the owner or agent must undergo the necessary training and authorization to perform deleading work. Should you have any questions or concerns regarding the Lead Law or its requirements, the Childhood Lead Poisoning Prevention Program (CLPPP) is available to provide guidance and support.
It is worth emphasizing that the presence of lead paint cannot be used as a basis for evicting or refusing to rent to anyone, particularly families with children under the age of six. Discrimination based on lead paint is against the law and carries penalties. Furthermore, if a child residing in a property with lead hazards develops lead poisoning, the property owner can be held legally responsible. Attempting to absolve liability through agreements in which tenants accept the presence of lead paint is not a valid defense. Compliance with the Lead Law is not only a legal requirement but also the best way to protect both property owners and the children living in their homes.
By understanding and adhering to the Massachusetts Lead Law, property owners can play a crucial role in creating safe and healthy living environments for children, ensuring their well-being and preventing the devastating effects of lead poisoning. If you have questions about the Massachusetts Lead Law, please call our offices at 413-732-8356.
