The Dangers of Lead Based Paint and the Laws That Surround It

Lead poisoning is a serious problem. This material is used in everything from paint to pipes to gasoline. Lead is a highly toxic substance that can cause serious health problems, particularly in children. As a result, the use of lead-based paint has been banned in many countries, including the United States.

While the use of lead-based paint has been illegal for many years, there are still countless homes and buildings that were built before the ban went into effect. These homes and buildings often have lead-based paint lurking inside them, presenting a danger to anyone who lives or works inside them. New York State has laws in place to protect people from the hazards of lead-based paint.

What Is Lead Based Paint?

Lead based paint is a type of paint that contains high levels of lead. Lead is a highly toxic substance that can trigger serious health problems if it is ingested or inhaled. Lead poisoning can cause developmental delays, learning difficulties, behavioral problems, and various health issues. In severe cases, it can even be fatal. Children are particularly susceptible to the effects of lead poisoning because their bodies absorb more lead than adults do and because their brains are still developing.

The Use Of Lead Based Paint Is Banned in Many Countries

The dangers of lead poisoning were first discovered in the early 1900s. By the 1950s, researchers had established a clear link between lead poisoning and developmental delays in children. As a result, the use of lead-based paint was banned in many countries, including the United States. In 1978, the U.S. Consumer Product Safety Commission issued a regulation prohibiting the manufacture, sale, and distribution of lead-based paint for residential use.

There are still many homes and buildings with lead-based paint lurking inside them. Despite the ban on lead-based paint, countless homes and buildings were still built before the ban went into effect. These homes and buildings often have lead-based paint lurking inside them, presenting a serious danger to anyone who lives or works inside them. In New York State alone, it is estimated that there are more than 4 million housing units with lead-based paint hazards.

What Are The Requirements Of Municipalities Under P.L. 2021, c. 182?

The new law imposes a legal responsibility on municipalities to engage a certified lead evaluation contractor to inspect for lead-based paint related hazards every three years or every new tenant turnover.

What Are The Requirements Of Property Owners Under P.L. 2021, c. 182?

The homeowner must take action to ensure lead-based paint hazards are adequately remediated. This can include either abatement or control measures such as removal and replacement, depending on what is needed for them to stay compliant with local regulations regarding this issue

Lastly, the law requires every property owner to provide a copy of N.J.A.C. 5:28A, or any related and the accompanying guidance document, Lead Based Paint in Rental Dwellings lead-safe certifications, to any real estate transaction.

Lead poisoning is a serious problem that can have devastating effects on both children and adults. If you live or work in a home or building that was built before 1978, it is important to have it checked for lead-based paint by a trained professional. If you have questions about New York’s laws regarding lead-based paint or need help finding a certified inspector, contact us today!