Navigating the Maze: Massachusetts Lead Law and How Tadas Environmental Can Help
Living in Massachusetts comes with a wealth of benefits, but for homeowners with older properties, there’s an important regulation to be aware of: the Massachusetts Lead Law. This law prioritizes protecting children from lead exposure, a serious health concern. Here at Tadas Environmental, we understand the complexities of the Lead Law and can help ensure your home complies with its requirements.
Massachusetts Lead Law
The Massachusetts Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. Owners of rental properties as well as owners living in their own single family home are responsible with complying with this lead law. We will identify the lead hazards and walk you through the procedures to obtain compliance.
Children’s Safety
Lead paint hazards include loose paint, lead paint on windows, friction surfaces, stairs and accessible mouthable surfaces to children. Young children under 6 are more prone to lead poisoning. Protect children by getting an inspection and taking the necessary steps to remediate the lead safely.
Delead Rental Properties
The most important thing you can do to protect yourself, your children and your tenants from lead poisoning is to identify the lead source and remove it as soon as possible. You, the owner, are legally responsible if a child is lead poisoned by lead hazards found in his or her home. Owners cannot avoid liability by asking tenants to sign an agreement that they accept the presence of lead paint. Complying with the Lead Law is the only protection an owner has from liability.
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.
What is the Massachusetts Lead Law?
Enacted in 1971, the Massachusetts Lead Law is one of the nation’s most comprehensive lead poisoning prevention regulations. The law focuses on “primary prevention,” meaning it aims to eliminate lead hazards before a child is exposed.
The law applies to any housing unit built before 1978, which is presumed to contain lead paint unless proven otherwise. It applies to both rental properties and owner-occupied dwellings where a child under the age of six resides.
Key Requirements of the Lead Law:
- Lead Inspections: Landlords and owners of pre-1978 dwellings must have the property complied with Massachusetts lead law before renting or allowing a child under six to occupy it.
- Lead Hazard Abatement: If lead hazards are identified, the owner is responsible for removing or encapsulating the lead hazards to create a lead-safe environment.
- Disclousures: Landlords and sellers of pre-1978 dwellings must disclose the lead paint risks and provide informational pamphlets to tenants and buyers.
- Records Retention: Landlords and owners must maintain records of lead inspections, abatement work, and disclosures for a minimum of three years.
Penalties for Non-Compliance:
Failing to comply with the Lead Law can result in fines and even lawsuits from tenants or occupants who suffer lead poisoning.
How Can Tadas Environmental Help?
At Tadas Environmental, we can help you navigate the Massachusetts Lead Law with our comprehensive lead paint services:
- Lead Paint Inspections: Our certified inspectors will conduct a thorough inspection to identify lead paint hazards in accordance with the Lead Law.
- Risk Assessments: We will assess the potential risks posed by lead paint based on its location, condition, and the occupancy of the dwelling by young children.
- Lead Hazard Abatement Plans: If lead hazards are found, we can help develop a plan for abatement that complies with Lead Law regulations. We can connect you with qualified lead abatement contractors.
- Compliance Guidance: We can provide guidance on the Lead Law’s requirements, including disclosure obligations and recordkeeping.
Peace of Mind for Massachusetts Homeowners
The Massachusetts Lead Law plays a vital role in protecting children’s health. By understanding the law and taking proactive steps to comply, you can ensure a safe and healthy living environment for your family and avoid potential legal issues.
Contact Tadas Environmental Today
If you have questions about the Massachusetts Lead Law or need assistance with lead paint inspections or abatement in your pre-1978 property, contact Tadas Environmental today. Our team of experts can guide you through the process and ensure your home meets all Lead Law requirements.
Together, we can create a lead-safe future for Massachusetts children.