What does the lead law require?
Massachusetts Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. Lead paint hazards include loose lead paint and lead paint on windows and other surfaces accessible to children. Owners are responsible for complying with the law. This includes owners of rental property as well as owners living in their own single family home. Financial help is available through tax credits (up to $1500 per unit), grants and loans.
New Renovation, Repair, & Painting Rule (RRP)
As of April 22, 2010, the EPA began enforcing the new Renovation, Repair, and Painting Rule (RRP). This new rule is the latest EPA regulation addressing the hazards created by disturbing lead-based paint. Virtually any trade or contractor that disturbs painted surfaces in Target Housing (pre-1978 and child-occupied structures) will be subject to the new requirements in the RRP. Some of the notable new requirements include:
All painted surfaces impacted by contractors in Target Housing must either assumed to be Lead-based Paint or tested.
All contractors that disturb painted surfaces must become trained and certified as Lead Certified Renovators (This includes an individual certification and company certification)
Currently, contractors must distribute the EPA Pamphlet titled "Renovate Right"
Potential Liabilities for owners
Owners may be liable for civil and criminal violations, and all damages for failure to comply with the Massachusetts Lead Law. When there is a lead-poisoned child, the damages may include compensatory damages, such as medical costs, special education costs, and lost earnings for the lifetime of the child. Punitive damages may be awarded at triple the compensatory damages when the owner knew of the lead hazards and failed to correct them.
