Ultimate Guide to Massachusetts Lead Paint Laws
Lead poisoning is a health issue that Massachusetts takes very seriously. Here are some things you should know about MA lead paint laws, including how to delead, the responsibilities of property owners, and tenants’ rights.
What is lead paint?
Lead paint has been used since at least the 4th century BC due to its increased durability and density - it dries faster, resists moisture, covers more area more smoothly, and looks fresh longer. Unfortunately, it’s also enormously poisonous. As it ages, lead paint cracks and flakes off, contaminating the surrounding environment by getting into the water, soil, and air. Lead chips and lead dust taste sweet, making them particularly dangerous for children. Lead poisoning can lead to nervous system and kidney damage, stunted growth, intellectual disabilities, cancer, anemia, and in severe cases, death. For these reasons, the United States banned household lead paint in 1978, meaning homes built in the last four decades are safe, but older homes may still be at risk.
What are the Massachusetts lead paint laws?
The Massachusetts lead paint laws are quite extensive and cover blood screening, containment and monitoring, prohibited substances, and inspection. Here are some key highlights:
Children under the age of 5 are routinely tested for high levels of blood lead, especially those considered to be high risk, which include those living in pre-1978 homes that have not been cleared by an inspector and whose parents or siblings get lead poisoning.
Healthcare providers are required to report any instances of childhood lead poisoning to the state which follows up with homeowners for inspection.
Any residence with children under six years old that either has dangerous levels of lead or a reported case of lead poisoning must acquire a Letter of Full Compliance showing the residence has been cleared of lead or a Letter of Interim Control meaning the residence is in the process of being deleaded.
A Letter of Interim Control lasts one year, during which time an authorized risk assessor will identify any hazards that must then be corrected within the year. Upon reinspection, the risk assessor will decide if the residence still needs more work, at which time they will reissue the Letter of Interim Control for another year, or that the residence is in compliance and issue a Letter of Full Compliance.
A Letter of Interim Control can only be extended once - all residences in the process of being deleaded must achieve full compliance within two years.
How to hire a lead inspector
The state provides a list of private lead inspectors which property owners can contact to schedule and inspection. The city or town may also offer free inspections or Health Department programs to help cover the cost, so be sure to check their website. The inspector will do a number of tests on all the painted surfaces in the home and provide the property owner with a full report as well as send a copy to the local Board of Health.
How to delead owned property
If the inspection indicates the presence of lead paint, the property owner must start the deleading process. To do this, the property owner can either hire a licensed deleading contractor or take a training course and delead the property. If the owner chooses to delead, the next steps will be determined by whether the project falls into low-risk or moderate-risk categories.
A low-risk deleading includes:
Reviewing the Low-Risk Deleading Packet and the Encapsulation Training Handbook (if encapsulating)
Completing an at-home test by the Massachusetts Childhood Lead Poisoning Prevention Program (CLPPP) and receiving an authorization number
Removing and replacing doors, cabinet doors, and shutters
Applying coverings to certain surfaces, such as adding vinyl siding to building exteriors
Encapsulating lead paint with a protective coating (surface must be in good condition)
A moderate-risk deleading includes:
Taking an 8-hour training course with an authorized provider
Removing any residential surface including windows and woodwork (excluding ceilings and walls)
Repairing small amounts of deteriorated lead paint
Any procedure covered under low-risk deleading, including encapsulation
What property owners need to know about deleading
Here are a few more things to know about deleading:
Risk level will be determined by a licensed lead inspector, who will return after the project is completed to take dust samples and confirm that the work is done properly.
Urgent lead hazards include but aren’t limited to chipping or peeling lead paint, windows with lead paint that shed dust or have wells that are difficult to clean, and structural defects that cause paint deterioration, such as leaks.
Certain high-risk repairs must be done by a licensed deleader.
Occupants must vacate the residence during deleading except when the work is low-risk or exterior.
The penalties for violating lead laws include increasingly large fines.
Massachusetts offers various forms of financial assistance for deleading including tax credits, loans, and grants to ensure everyone can afford a lead safe home.
What renters need to know about lead paint
Renters in Massachusetts have significant protections against lead paint:
Lead laws cover every residential rental property, including public housing and buildings where the owner lives on the property.
Federal Law requires the landlord to provide a lead hazard disclosure statement with a rental agreement.
The property owner is liable for any damages from lead poisoning to a child younger than six caused by their failure to comply with lead laws.
Under the Massachusetts Fair Housing Law, it is illegal to refuse tenancy to pregnant women or families with young children if the property contains known lead hazards. Landlords cannot discriminate in order to avoid deleading.
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