Where do you find lead in a home?

It is found in the air (briefly), soil (brought in from outside), dust (the rubbing of painted surfaces generates dust that can contain lead), and the paint (typically beneath newer coats of latex paint, that will chip off or lose adhesion from the building material substrate) of some homes or buildings built before 1978 (Lead paint was banned by the Consumer Product Safety Commission in 1978). It has been well-established that exposure to lead can cause serious health problems.

 What are popular times when lead paint was used?

Lead in paint was popularized during colonial times for use in interiors and exteriors of homes, due to its durability. 

 Why was lead even added to paint and stains?

Think about painting, do you want the paint or stain to dry fast, so you can add a second coat or just to put stuff back in the room?   Do you want the paint or stain to be water resistant so if you leave a window open and water hits the window well or sill it resists water damage?   Do you want the surface to be durable and wear like iron, ahem lead. How about making the surfaces washable?   All these desirable features were obtained when you added lead to paint and stain.

 What is the most common lead exposure to humans?

Lead dust is the most common way that people are exposed to lead. Inside the home, most lead dust comes from chipping and flaking paint or when paint is scraped, sanded, or disturbed during home remodeling. Chipping and peeling paint are found mostly on surfaces that rub or bump up against another surface.

Which route of exposure is the most common for lead?

Lead exposure in humans and most importantly in children occurs primarily through ingestion. On a normal day dust can be generated by rubbing of leaned coated surfaces, such as doors, windows, and floors (yes lead was used in stains and the friction on floors wears them down and generates dust). This dust can enter your body by touching it and hand-to-mouth activity.

Young children crawling on the floor and playing on the floor are exposed to the dust making it the most common route of exposure. Lead also has a sweet taste so hand to mouth activity of young children is increased due to the flavor profile.   Adults are less likely to be crawling on the floor or chewing on paint chips, but if the dust is airborne from cleaning, lead can be inhaled. If dust is on an adult's hand and hand-to-mouth action incurs lead can be ingested.   Renovation of buildings that contain lead, including component removal and replacement, sanding for painting, demolition, etc. will generate dust that can be inhaled or ingested.  

Where is lead hiding?

It can be found in dirt and dust, some things we eat, paint in old houses, and contaminated water. Even very small amounts of lead are not safe for children. Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems.

 Should I have a lead paint inspection performed?

You have to ask yourself if you know where lead is or isn't how is that information going to be used?

A lead paint inspection would tell you where lead is or isn't.  Any construction, repair, or renovation work can disturb lead paint and produce lead dust.  Lead dust inhaled or ingested has well-documented health effects in humans and children in particular.    So knowing where lead is when disturbing building materials has huge value.

How do you remove lead dust from a house?

You can use a special vacuum cleaner called a High-Efficiency Particulate Air Filter (HEPA) vacuum to clean up lead dust. The HEPA vacuum has a special filter that can pick up and hold small pieces of lead. Another option is to use a wet/dry vacuum in the wet setting to clean up the wash or rinse water.

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 What houses have lead poisoning?

Any house or apartment built before 1978 could have lead paint. Houses and apartments built before 1960 have the most lead paint. Common household repairs (like painting or fixing a door that sticks to the doorframe) can produce lead dust or paint chips. This dust and paint chips can contain lead.

Do all homes built before 1978 have lead?

In the environmental industry, you presume it is present until proven otherwise, so the answer is you presume it to be present.   That said although the paint was banned lead paint still existed and may be brought to a home built in 1979 from a home built before 1978. You may also have an heirloom piece (an old fixture of some sort from a pore 1978 home installed in your post-1978 home that has lead paint or varnish. Think doors, old windows, corner cabinets, mantels, etc..

I gutted my house, how can it still have lead?

As you scrape, drill, cut, open walls, remove trim, demolish, or perform other renovation activities, you create dust that may contain lead and may remain in the dwelling. Think about lead touching every surface (lead paint on wood, plaster, stairs, etc.), and lead stain or varnish on floors, stairs, and doors.   Now think, did you remove all these surfaces?   Did you gut the closets, and replace the stairs, including your painted basement stairs? How about painted surfaces in the basement? Basement walls, stairs, ceiling, windows, are they painted with lead paint?

The timeline below shows how popular lead paint was in the United States. Clearly, as you approach 1978 lead usage decreased.

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A New Jersey Lead Safe Certificate is good for 2 years but can last 3 years.

When a certificate expires, you have to have another inspection, either after two (2) years or between two (2)  2 years and three years.   The New Jersey Lead safe certification is never-ending and your obligations are perpetual. The law is also very confusing, so let's clear up the biggest question people have which is how long does the lead safe certificate last?

That answer is confusing as is the NJ Lead Law, so let me clarify.

A lead safe certification lasts two years.

But if you have a tenant that occupies a rental unit that has a valid (unexpired) lead safe certificate and that tenant remains a tenant past the 2-year certificate expiration, then the cert can be valid for 3 years (from date of issuance) or shorter if the tenant only stays say 6 months past the 2-year period.

Lead Safe Certification Duration Example

Let's say you have a tenant that signs a 5-year lease.

You get a lead safe cert that’s good for 2 years.

The lead safe certificate will last 3 years because a tenant has occupied the unit during the initial 2 years and the law has a belief that the tenant knowing the property is lead safe would notify the landlord if it became unsafe. This carnal knowledge so to speak allows the cert to last 3 years.

Now at the 3-year mark, you must get a reinspection, even if the tenant is staying. The longest anyone can go without another lead inspection is 3 years.

Following this example, when this dream tenant who has signed a 5-year lease leaves at year 5, you must get another inspection.

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HUD's New Final Rule, 24 CFR 35, dictates that lead dust should be below the following standards:

Less than 10 µg/ft2 (micrograms of lead per square foot) on floors, 100 µg/ft2 on windowsills. 

100 µg/ft2 on window troughs

When a lead wipe sample fails, it indicates that lead dust is present on the surface sampled.

The lead risk assessor should be able to point to the causes of the wipe failure so appropriate corrective action can be implemented.  To be practical, you are not wipe sampling when deteriorated paint is present.  So, when a wipe sample fails you must look to see how many failed.  Is it systemic through the property or in an isolated area?  So if you have four (4) floor samples and one fails, it needs to be evaluated as to why only one failed. 

The amount of lead that meets clearance criteria is a very minimal quantity and is often not visually seen with the naked eye. In recent years the lead dust limit for floors was four (4) times higher than its current standard. This could lead to failures if surfaces were not properly cleaned, even when deteriorated paint is not present.   All wipe sampling represents a snapshot in time regarding lead on a given surface. Once failure has occurred the area must be cleaned or recleaned until post-cleaning wipe samples meet criteria. A successful method of cleaning involves sequential cycles of HEPA vacuuming and wet wiping surfaces. Wet wiping can be performed with cleaning compounds specific to lead.  Lead dust is chemically sticky, so utilizing a  cleanser to break the chemical bond is critical.

You may find the lead dust is from deteriorated paint, which would require abatement or interim controls.  Interim controls are a set of measures designed to reduce temporary human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, and ongoing monitoring of lead-based paint hazards or potential hazards. You can think of interim controls as dust removal, paint stabilization, and/or control of friction/abrasion points on building materials that are in good condition and repairable.     Seriously deteriorated surfaces that cannot be “repaired” will require replacement/abatement. 

 When the order is for interim controls, the following criteria shall apply:

1. The person performing the interim controls shall: Complete training in accordance with the Occupational Safety and Health Administration Hazard Communication requirements at 29 CFR 1910.1200 (see (a)1i and ii above, have successful completion of training as a certified renovator for New Jersey through the Department of Community Affairs;

The United States Environmental Protection Agency (EPA) certifies Renovation, Repair, and Painting contractors. These firms are certified to perform renovation, repair, and painting projects that address lead-based paint in homes and childcare facilities. This work is often involved in interim control methods. Information may be found online at: https://www.epa.gov/lead/leadrenovation-repair-and-painting-program .

2008 Lead Renovation, Repair and Painting Rule beginning April 22, 2010, firms performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities, and kindergartens built before 1978 must be EPA- or state-certified and must use certified renovators who follow specific work practices to prevent lead contamination.

After interim control and or cleaning is performed, the space to be sampled should be kept closed to human entry prior to performing post-wipe sampling. This ensures accurate wipe sample results that are free of outside sources of lead.

If lead wipe samples fail as part of a Risk Assessment in New Jersey under the NJ Lead Safe Law, landlords have 30 days to address the problem so reinspection and sampling can be performed.

If the unit is occupied where a wipe sample failed, the lead risk assessor or the certified evaluator thought there was a serious problem, the evaluator or the local health department could do a complete lead hazard investigation and make a decision on occupancy.   

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What is the difference between a lead-safe and a lead-free certification?

Lead-safe means you have lead paint and it is well maintained and not deteriorated, flaking, etc. The lead hazard is contained and therefore does not represent an exposure pathway to humans. Lead-free, means you have no lead paint, the property is free of lead paint, and no lead paint hazard exists.

In the United States lead paint was banned in 1978 by the Consumer Products Safety Commission.  Consumers could not buy lead paint after 1978, but commercial sites still could.   The logic is if it was banned in 1978, homes built after 1978 should be lead-free after that date, but that is not always true.   Following the same logic, homes built before 1978 have the potential to contain lead paint. 

Lead paint was moisture resistant, dried fast, and wore like well lead, so lead paint had attributes anyone painting would find desirable.

EPA & HUD attempted to manage the risk of lead paint and established standards and protocols for evaluating lead paint, testing lead paint, and what to do when lead paint is found.  They learned that homes have lead paint on everything and even varnishes had lead, so basically pretty much any surface could contain lead.  Testing every surface for lead paint is time-consuming and expensive, so protocols were established that had costs in mind as the target housing for lead paint testing. The target was large multi-family rental buildings, causing the owners to incur substantial costs to evaluate for the lead paint on every surface in every room.  For example, a typical 3-bedroom home could have 300 lead tests performed.

There were also protocols established when lead paint was found and a child living in the home had an elevated lead blood level.  The protocol evaluated the child and what they were exposed to at home, outside, and even where family members worked Remember, as was stated early lead was banned for consumers, not commercial uses.  This assessment of lead risk was established as a Lead Risk Assessment.

What is a Lead Risk Assessment?  

A risk assessment is an on-site investigation to determine the presence, type, severity, and location of lead-based paint hazards, including lead hazards in paint, dust, and soil. The risk assessment provides suggested ways to control them. Risk assessments can be legally performed only by certified risk assessors.

New Jersey has a lead safe law for rental units.

The lead safe law requires a lead risk assessment to be performed to obtain a Lead-Safe certification.  The NJ lead inspection does not require testing of painted surfaces as there is the presumption that lead is present.   In NJ, some towns require dust sampling to see if lead paint is being liberated even if all painted surfaces look in pristine condition.

A lead-safe certification is a one-page form developed by NJ for these inspections. There is no HUD or EPA form used even though they are the entities that established the lead evaluation process and New Jersey law relies upon their protocols for their lead safe law, Confusing right?

There is no universal and clear cut lead-safe certification or requirement to verify that lead is or is not present. The New Jersey laws assume the paint is guilty aka it has lead.

Now everyone values freedom of choice and landlords subject to New Jersey lead-safe law may want testing of painted surfaces to confirm or deny lead is present and if lead is not found to obtain a lead-free certification.  But EPA and HUD have no form or certificate that can be filled out to certify a building as lead-free. 

So what is a lead-free certification?

A lead-free certification is actually a report that is compiled after a Lead Paint Inspection is performed, saying that documents all surfaces were tested for lead and no lead was found.  The report includes all test results and calibration of testing equipment to verify the results are accurate and a floor plan of the building detailing the sampling identification results for each room.  The report is a road map of the dwelling showing where and what was tested and the test results.  The conclusions of the report would be no lead paint was found the dwelling is lead-free.

How do you get a lead-free certification?

You have to complete a lead paint inspection which must be performed by a licensed and certified Lead Paint Inspector.   A Lead-Free inspection begins with a visual inspection and a hand-drawn floor plan of the rooms in the building.   Once you have the interior of the building outlined, you go test all surfaces with an XRF Gun.   This takes hours as you are testing walls, baseboards, window sills, moldings, handrails, doors, inside of closets, stairs, ceiling you name …all fixed painted surfaces.

The lead-free certification process is exhaustive and often times the dwelling fails because even though the owner believes they gutted everything, lead paint is found in an area untouched.  If you want to know where we find lead and properties fail for lead-free, call our office.

Monday to Friday 

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When lead paint is found and the lead-free certification is out the window, you pivot and perform a lead risk assessment with the intention of obtaining a Lead-Free certification. 

Lead Risk assessors are required to perform dust wipe sampling only in towns that are on the DCA list 2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182.  Link below:

2022-23 Lead-Based Paint Inspection Methodology Pursuant to P.L.2021, c.182

Some municipalities that have staff to complete the inspection  want to do both visual and wipe sample., even if the town is visual only.

The law allows municipal inspectors to perform visual and dust wipe even if the municipality is not a dust wipe town.  The law reads as follows:

For dwellings located in a municipality in which less than three percent of children six years of age or younger tested have a blood lead level greater than or equal to five micrograms per deciliter, the inspection may be carried out through visual inspection, as explained in Section 3.3.4, below. However, these municipalities may elect to undertake dust wipe sampling, as explained in Section 3.3.5, below.

3.3.5 (p.15) says:

3.3.5 Dust Wipe Sampling Dust wipe sampling is collected by wiping representative surfaces, including floors (both carpeted and uncarpeted), interior windowsills, and other similar surfaces, and testing in accordance with a method approved by HUD. These samples must be undertaken properly to ensure that results are accurate. N.J.A.C. 5:17 contains requirements for dust wipe sampling. In addition, Appendix 13.1 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing provides the protocol for sample collection. This Appendix is available online at: https://www.hud.gov/sites/documents/LBPH-40.PDF. It is recommended that the lead evaluation contractor or permanent local agency also perform a visual inspection when undertaking a dust wipe sampling.

Many municipalities chose to do wipe sampling in addition to visual because it provides a higher level of confident that there is no health risk at the time of inspection.   Attorneys and insurance carriers might prefer it though, so the inspection is more thorough.  Although dust wipe sampling adds cost when not required and it might pick up lead contamination from some source other than paint.

The NJ Lead Safe law has created a lot of confusion for landlords.  Bottom line it pays for landlords to contract their own lead paint inspection for rental units.

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Lead-Based Paint Inspections in Rental Dwelling Units as per  P.L. 2021, c. 182 aka New Jersey's Lead Safe Law July 2022

What New Landlords need to Know

July 22, 2022, New Jersey’s newest lead-based paint law is now in effect and the law affects all pre 1978 rental properties. The law is being referred to as New Jersey’s Lead Safe Certification and requires rental property owners to complete a lead paint inspection. The inspection is either visual or visual and wipe sampling depending on the municipality.

What landlords need to know

The New Jersey lead law requires that the landlord of residential properties (apartments, houses, duplexes, etc.) hire a certified lead evaluation contractor to perform inspection on target properties single family, two-family and multiple rental dwellings for lead-based paint hazards every three years. The first inspection must be completed by July 22, 2026, or at tenant turnover if that occurs prior to July 22, 2026.

If your rental property has not had lead testing performed previously and you would have obtained a Lead Free certification, then you are to assume lead paint is present and have the lead paint inspection performed. In short if you don’t have paperwork stating the building has no lead paint you must perform the required inspections.

Curren Environmental offers lead based paint risk assessments and lead based paint inspections for NJ property owners.   888-301-1050

Visual Lead Safe Certification: The Curren certified lead inspector will perform a visual inspection of all interior areas of the rental unit, looking for deteriorated paint. New Jersey considers deteriorated paint to be chipping, peeling or flacking paint.   If no deteriorated paint is found the rental unit owner can receive a Lead Safe Certificate which is good for 2 years.

For example, one of the photos below would pass the lead safe inspection, the other would not.

Dust Wipe Testing for Lead Safe Certification:   The Curren certified lead inspector will perform a visual inspection of all interior areas of the rental unit AND obtain dust wipe samples for laboratory analysis.   If no lead is found by the analysis above government standards, the rental unit owner can receive a Lead Safe Certificate which is good for 2 years.

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