| Questions & Answers About Lead |
| Q: What hazards are associated with lead in general? A: Lead poisoning has been called the "silent disease" because its effects occur gradually with no symptoms. At certain levels, lead is poisonous if inhaled or ingested. Young children, especially those under 6 years old, are most at risk for lead poisoning because their brains and nervous systems are still developing. Low levels of lead poisoning in children have been associated with low IQ levels, learning disabilities, impaired hearing, and hyperactivity. Large doses can cause brain damage, convulsions, and even death. Adults can also suffer harmful effects from lead poisoning including difficulties during pregnancy, nerve disorders, high blood pressure, and digestive problems. A simple blood test effectively detects high levels of lead. Q: What is the specific problem with lead-based paint? A: Ingestion of household dust from deteriorating lead-based paint is the most common cause of lead poisoning in children. Although lead-based paint in good condition does not usually present a problem, peeling, cracking, or chipping paint may be dangerous. Lead-based paint on surfaces that children may chew or in soil outside can also be hazardous. Q: How can paint be tested for lead? A: There are essentially three tests that may be performed to determine whether paint contains lead. First, a paint inspection will disclose the lead content of every painted surface, although it will not address possible hazards. Second, a risk assessment reveals sources of serious lead exposure, such as peeling paint or lead-based dust, and considers remediation actions. Finally, home testing kits are available but the federal government has warned consumers that these are not always accurate and should not be relied on to assure safety. Q: Are there any laws regulating the use of lead-based paint? A: The Consumer Product Safety Commission banned the use of it from residential housing in 1978; however, it is estimated that approximately 75 percent of homes built before that date do contain lead-based paint. A federal law called the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C.S. �� 4801 et seq., regulates lead-based paint in most residential housing. Section 1018 of this law requires sellers and lessors to provide certain information about lead-based paint to prospective buyers or lessees including any inspection reports or actual documentation of the use of lead-based paint and the results of risk assessments if any have been completed. If a property was constructed prior to 1978, buyers or lessees must be told that it may contain lead-based paint and be given an EPA-approved pamphlet about the hazards of lead-based paint. Sellers are not required to conduct an inspection or other actions to reduce possible exposures to lead, but buyers must be given a 10-day opportunity to test for the presence of lead. The Ohio Revised Code � 3742.01 prohibits the use of lead-based paint in any structure without prior approval. The law also prohibits any individual from performing a risk assessment or lead-based paint abatement without a valid license. Lists of licensed professionals are available from the Ohio Department of Health at 614-446-1540. Local ordinances, such as Chapter 4527 of the Columbus City Code, also regulate the use of lead-based paint and the removal of it from dwellings. Q: Are disclosures required in all real estate sales and leases? A: The federal law only applies to "target housing," which means houses constructed prior to 1978 other than housing for the elderly, housing for persons with disabilities or housing where the living area and the sleeping area is not separated such as efficiencies, studios, dormitories or individual room rentals. In addition the federal law does not apply to foreclosures, short-term leases (less than 100 days), leases of housing which has been previously found to be lead-free by a certified inspector, and renewals of leases where disclosures have already been made. Q: How can sellers and lessors comply with these laws? A: An EPA approved pamphlet, Protect Your Family From Lead in Your Home (EPA #747-K-94-001) is available from U.S. EPA, Ohio EPA, the Department of Health and on the Internet at U.S. EPA's web page (http:\\www.epa.gov). In addition, a form documenting the disclosures and the opportunities to inspect required by the federal law has been developed for the sale of target housing. A similar form exists for the leases of such target housing which are not exempt. Sample copies of the forms are included with this Manual. No contract for the purchase or lease of target housing is binding until the form (or an equivalent document) is completed by the seller or lessor and by the purchaser and lessee. In addition, in a sale of target housing, the purchaser has 10 days in which to inspect before the contract is binding unless that inspection is waived. Q: Are there responsibilities for REALTORS�? A: Yes. Each REALTOR� must ensure compliance with the disclosure requirements and the opportunity to inspect by the seller or lessor and the acknowledgement of the disclosure and the opportunity to inspect by the purchaser and lessee; otherwise, the REALTOR� faces civil penalties and other possible liability. Proper use of the sample form will satisfy this requirement. Q: How does lead get into drinking water? A: Typically lead gets into water after it leaves the local water plant. The sources of lead may include the connector pipes from the water lines to the house, interior piping and joint compound or solder on the pipes. The water corrodes the pipes and dissolves lead particles into the flowing water. Q: Is there a way to know if lead piping or solder is present? A: Lead pipes are easily detected by inspection, although their use in the interior of homes was not common after 1900. Connector pipes are not readily visible and may be difficult to check. Lead-bearing solders or joint compounds are not usually identifiable by visual inspection. If there are concerns about lead in the drinking water, a test of the tap water would be a reliable way to alleviate that concern. Q: Are there laws concerning the use of lead pipes or other lead-containing plumbing products? A: In 1986, the Safe Drinking Water Act, 42 U.S.C. � 300(f), et seq., was amended to require the use of lead-free pipes, solder and flux in the installation or repair of public water systems or in any residence or non-residential facility connected to a public water system. Ohio's Safe Drinking Water Act, R.C. Chapter 6109, was similarly amended. However, these amendments do not require the removal of existing lead pipes, solder or flux from homes or other facilities. Ohio rules do require public water supplies to test their water periodically, and if elevated lead levels are detected, the public water system can be required to remove or repair piping to reduce lead contamination. Q: Do these laws create additional responsibilities for REALTORS�? A: The duties for REALTORS� regarding lead are similar to those for all items on the Property Disclosure From discussed in the initial sections of this Manual. As always, it is advisable for REALTORS� to insure that their sellers or purchasers are informed of their responsibilities and rights regarding the potential for the existence of lead. It is only with regard to the lead-based paint disclosures and acknowledgements where governmental regulations impose specific duties on REALTORS� making them responsible if a seller or lessor does not comply. For more information: Lead Hazards |
