Owner Update “Question of The Month”

Q: Are there some ways owners can manage the lead-based paint rule so that it doesn’t take too much time and money?

A. Well, yes there are some tactics that will work. The key is managing the problem and not letting the problem manage you. This is a good time to review the LBP rule since it is spring (no kidding) and a good time to review maintenance needed on properties.

First, what properties are applicable to the rule? If the property was built before 1978 AND has a family with child under 6 and/or pregnant mother (which assumes that there will soon be a child under 6), it is applicable to the rule.

When the unit is “applicable,” the TMHA inspector knows to do a “visual inspection” of the painted surfaces inside and outside on the property. This also includes outbuildings, such as unattached garages. The visual inspection is just that. The inspector checks all the surfaces looking for signs of “deteriorated paint,” such as peeling, chipped, cracking, or chalking surfaces.

Now, THIS IS IMPORTANT! If the inspector finds that all the surfaces are “intact,” meaning no deteriorated paint, the unit passes, and the paint is a done deal until re-inspected. This method is used because paint, including lead-based paint that is INTACT is not considered a hazard. This means that if you as an owner have an effective and ongoing schedule for personally inspecting and maintaining the painted surfaces inside and outside on the property, you are effectively managing any LBP hazards that might occur there. This technique means that you manage the problem, not the other way around.

An interview with our inspector revealed some areas that frequently trip up even conscientious owners. Worst offender is the old double hung window, especially those that have been fronted with a storm. The sill and frame areas between the storm and window frequently show signs of deterioration because the mini-environment that is created there can lead to peeling and a build up of paint dust on the sill. This is a prime area that an inspector will check, and one that needs conscientious monitoring. Another problem that sometimes arises is the property that is vinyl-sided. The siding is not a problem, but the trim can still fail the inspection if it is not covered (with vinyl) or scraped and repainted.

That brings up another fail situation, and that is the owner who has the property painted, but fails to clean up afterward either inside with a HEPA vac. (TMHA has one available for use FREE) or by cleaning up chips and dust outside. The foundation areas prone to this problem can also be mulched to cover the chips/dust.

If the unit does fail the visual inspection by the TMHA inspector, it must have a “clearance test,” which is done by Farsight Mgmt, certified lead assessors. This is a wipe test of affected areas. The wipes are then tested at a lab for the level of LBP dust. One notable thing to remember about a clearance test is that it is a “point in time” test, meaning that a successful clearance one year does not exempt that property from having to be cleared another year if the paint fails the inspection process again.

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