Disclosure Pamphlet
This article is meant to inform the public about the different types of lead testing services that we can provide. The U.S. Environmental Protection Agency (EPA) and U.S Department of Housing and Urban Development (HUD) require the seller of a home to disclose any information the seller has regarding the presence of lead in homes constructed prior to 1978. The entire EPA lead disclosure law with guidance can be found in Adobe PDF format online. Even if the seller has no information regarding lead in the property they must still provide the EPA lead disclosure form check the appropriate box, provide the lead hazard information pamphlet entitled “Protect Your Family From Lead In Your Home”, retain signed acknowledgments for 3 years as proof of compliance, and finally they must give the buyer a 10-day opportunity to test the housing for lead. The EPA lead disclosure law does state “A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase” but most people do not know what a lead risk assessment is.
So consequently I receive many calls from people requesting a “lead inspection.” I will ask the caller a few questions to help me determine what investigation they actually need. The first thing I need to know is the date of construction of the building(s) in question. This tells me whether the law applies and also I am required to include this information in any report that I may issue. The next thing I need to know is why the perspective client is requesting the service. This information is helpful because the answer will indicate which investigation the caller really needs.
Federal Law has Specific Requirements for Lead Risk Assessments
According to 40 CFR Part 745 a lead inspection is “a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation”. The end user should expect an inventory of all of the painted components that indicates whether they are lead containing or not. So one should expect information regarding the painted surfaces only. No other information regarding lead hazards is being collected. Only an EPA certified lead inspector can perform this task. Certified lead-based paint professionals should have no problem providing copies of their certification. Most callers presume that the term “lead inspection” means that all of the lead hazards present in the home will be evaluated and reported when in fact that is not the case. If you want to know all about the existing lead hazards in a home you should request a lead risk assessment.
A risk assessment is defined by 40 CFR Part 745 as ” (1) an on-site investigation to determine the existence, nature, severity, and location of lead based paint hazards, and (2) the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options for reducing lead-based paint hazards.” More often than not this is the type of investigation that callers really want. The terminology is important because EPA requires very specific information to be included in a lead risk assessment report and the requirements are not the same for lead inspection report. A lead risk assessment involves testing paint in areas where it is subjected to friction (such as window sashes moving up and down in the tracks), impact (such as stair treads and risers) and any painted surfaces where teeth marks are present. In addition to paint testing, samples of settled dust and bare soil (if present) are collected and analyzed for lead content. EPA has established lead hazard levels for paint, dust and soil that the certified risk assessor can determine if lead hazards are present in the home. The report should detail the risk assessor’s findings and a recommendation for treatment should be suggested for each lead hazard identified. Only an EPA certified risk assessor can perform risk assessments.
Peeling paint presents an obvious lead hazard
Lead paint testing is usually done with a portable XRF instrument. A portable XRF is a device that can check coatings for lead content non-destructively. These devices are equipped with some type of energy source that is capable of exciting the atoms in the test area. When the atoms are excited, x-rays are emitted that the device can detect. The shape of the x-ray reveals the type of element detected and the intensity of the signal indicates the concentration of that element. Most XRF instruments use a radioactive isotope to achieve the excitation. Special licensing regulations apply to lead testing firms in New York who use this type of equipment. Only HUD approved XRF instruments can be used to test for lead for this purpose.