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ENVIRONMENTAL BUSINESS

ENVIRONMENTAL BUSINESS

New Lead Paint Regulations : Costs , Paperwork & Questions

Property owners , towns left scrambling .
Larry Feld Contributing Editor

New regulations for testing residential rental properties in the state for lead paint exposure are now in place , leaving rental property owners and municipalities in a bit of a scramble to maintain compliance to this new unfunded mandate .

Back in the day , lead was used in a myriad of products , from gasoline and pottery to household paint . Lead was popular in paint because it facilitated quicker drying . Unfortunately , absorbing high amounts of lead ( for children , blood levels greater than 5 micrograms per deciliter ) can cause nervous system and kidney damage , as well as learning disabilities and decreased intelligence , according to the government .
Even though America banned lead as an additive in residential paint over 40 years ago , the CDC estimates that 29 million housing units in the US constructed prior to 1978 still have lead-based paint on walls , doors , windows and baseboards . Even when painted over with latex-based paint , these structures can become lead hazards when the underlying paint is exposed through wear ; chipping , cracking , and dust or routine damage .
To help New Jersey step up its game on monitoring and remediating lead paint exposure in rental dwellings , the New Jersey State
Department of Community Affairs is implementing a new state regulation ( P . L ., 2021 , C . 182 ) requiring municipalities to conduct lead-based paint ( LBP ) evaluations for all rental dwelling units constructed prior to 1978 . The Department is proposing a new chapter , N . J . A . C . 5:28A , Lead-Based Paint Inspections in Rental Dwellings , to incorporate the provisions of the act , which is aimed at proactively identifying lead-based paint hazards .
The State Gets Proactive
New Jersey has been concerned about measuring lead blood levels in young children since 1977 when the state codified the first lead paint regulations for local boards of health . Today , under N . J . A . C . 8:51 and N . J . A . C . 8:51A ( New Jersey Administrative Code ) mandatory statewide universal lead screening is currently required of all New Jersey children under the age of six .
A recent 2019 report by the New Jersey Department of Health reveals that 90 percent of children born in New Jersey who turned three have had at least one lead blood level test . The report also identified five municipalities in 2019 with the highest percent of children with an EBLL at or above 5 ug / dL , including : East Orange ( 6.6 percent ), Trenton , Atlantic City and Irvington ( each 5.9 percent ), and West Orange ( 4.3 percent ).
While screening has helped public health officials understand the problem , just measuring
Benjamin Sallemi , Ph . D , CIH , Vice President , Industrial Hygiene Practice Lead for GZA GeoEnvironmental , Inc .
Photo : GZA
Even when lead paint is covered with latex-based paint , structures can become lead hazards when paint is chipping , cracking or otherwise showing damage .
Photo : Getty Images / iStockphoto / Douglas Rissing lead exposure does little to irradicate the problem . However , these new regulations empower the Department of Community Affairs to take proactive measures . Unfortunately , the DCA ’ s new rules don ’ t come without pain for municipalities and rental property owners .
“ The law places a big burden onto municipalities to adhere to the purview of the law with regard to inspections and record keeping ,” notes Benjamin Sallemi , Ph . D , CIH , Vice President , Industrial Hygiene Practice Lead for GZA GeoEnvironmental , Inc .
“ First and foremost , the municipalities that we have spoken to are concerned about ( interpreting ) the regulations and having the funds to enact all of the requirements associated with the regulations ,” Dr . Sallemi notes .
Under the new regulation , municipalities are to inspect all pre-1978 rental homes for lead-based paint hazards before July 24 , 2024 . However , if an eligible apartment unit has a tenant turnover before that date , the
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