Look Out for Lead!

Contents

Appendices:

1. Lead Poisoning Prevention Resource List
2. For Further Reading
3. Offices Of The Attorney General

DENNIS C. VACCO                                        February 1995
Attorney General

The U.S. Department of Health and Human Services has reported that lead poisoning is "the number one environmental threat to the health of children in the United States." The most recent survey information available (*see endnote 1) indicates that 8.9% of all U.S. children aged 1-5 have levels of lead in their blood that equal or exceed the threshold level of concern established by the federal Centers for Disease Control (CDC). The incidence is considerably higher than this average among children living in large urban centers (21%) or in low-income families (16.3%), and among non-Hispanic black children nationwide (21.6%). The highest incidence of elevated blood-lead levels (36.7%) occurs among non-Hispanic black children living in central cities with populations of more than one million.

Most lead-poisoned children have been exposed to dangerous levels of lead in their own homes. This booklet has been developed to assist families who rent their homes in protecting their children from lead poisoning. As a renter, you may have less direct control over conditions in your home that may cause lead poisoning than do those who own their own homes, and less knowledge of materials used, renovations performed, etc. To safeguard your children from lead poisoning, you need to know the potential for lead exposure in your rental home, what you should do, and what your landlord may be obligated to do. You should be on the lookout for lead hazards and for ways you can reduce or avoid those hazards. Your children's risk of lead poisoning depends a great deal on whether the apartment or house you rent has any lead hazards, how severe those hazards are, what you are able to do to reduce and control the hazards, and what your landlord does.

Children are most often poisoned by lead that comes from old lead-based paint. Although lead-based paint has been banned for residential use since 1960 in New York City and since 1978 in the rest of New York State and the country, most older housing has at least some old layers of lead paint. Typically, lead paint was used on kitchen and bathroom walls and throughout homes on doors, windows and wooden trim. (*see endnote 2) Nationally, 20% of all housing built between 1959 and 1974 has some lead paint, 70% of housing built between 1940 and 1959 has some lead paint, and 99% of housing built before 1940 has some lead paint. (*see endnote 3 ) In addition, the lead paints manufactured from the late 1800's until about the 1940's tended to have much higher lead content -- up to fifty percent lead -- than the lead paint that was produced later. Today, paint that contains 0.06 percent or more of lead by weight is banned for residential use in New York State. (*see endnote 4 )

The most common cause of lead poisoning in young children is ingesting house dust that is contaminated with lead from lead paint. If the paint is in poor condition, chipping, peeling and flaking, it can be ground into dust after it falls to the floor. Lead paint on the sliding parts of windows may be ground up into dust when you open or close the windows. Any leadpainted surface that gets worn away as it is used (door edges, door jambs, cabinet door edges) or worn away when it's walked on (painted floors and stair steps) can be a source of lead-contaminated house dust.

As every parent knows, it is normal for babies and toddlers to put things in their mouths -- their hands, their toys, almost anything they can fit. The lead-contaminated dust gets on the children's hands or their toys and then into their mouths; this may happen repeatedly, adding up to a significant lead exposure. Children can also inhale lead-contaminated dust that has been raised up by dry sweeping and dry dusting. They may also ingest lead-contaminated dust that has settled onto foods that are stored uncovered on shelves and counters. Very young children may chew on painted objects around them, including the edges of windowsills, doors, chair rails, even painted pipes and radiators when they're not too hot. If these items were painted with lead paint, children may swallow particles or chips of lead paint from these "chewable" surfaces. Some children may pick up and eat loose paint chips they happen to find.

The effects of lead poisoning vary with the amount of lead absorbed into the body, the duration of the exposure, and the age and developmental stage of the child. Even mild lead poisoning can decrease children's intelligence and affect their neurobehavioral development, growth, and hearing. At somewhat higher exposures, lead damages the central nervous system and kidneys and interferes with blood cell formation and development. Very severe exposures can cause coma, convulsions and even death; fortunately, lead poisoning this severe is now extremely rare. However, the damage caused by even mild lead poisoning may be permanent. It is not yet known how much, if any, of the damage can be reversed, even when the exposure to lead is discovered early and eliminated quickly. That is why it is so important to protect young children from being exposed to lead in the first place.

Most lead-poisoned children will not have any obvious symptoms. Children poisoned by lead when they were preschoolers may not show any problems until they are in school, when reading disabilities and problems with attention and fine motor coordination may become apparent. Children with a history of lead poisoning may have greater absenteeism from school, lower class ranking, and a higher risk of not graduating from high school. (*see endnote 5)

Pre-school-aged children are most at risk of becoming poisoned by lead, for several reasons. Very young children tend to have higher exposures to lead because of their normal mouthing and hand-to-mouth behavior. Very young children also absorb lead more efficiently than adults; they may absorb four times more of the lead they swallow than an adult swallowing the same amount of lead. Finally, very young children are more susceptible to the effects of lead because they are still rapidly growing and developing.

Because all preschool-age children are at some risk of getting poisoned by lead, New York State Department of Health (NYSDOH) regulations now provide for lead screening of all children under six years of age. (*see endnote 6 ) During checkups, your child's doctor must specifically assess your child's lead poisoning risk, and discuss lead hazards with you. Even if the doctor determines that your child's risk is low, a blood test must be done at around one year of age and again at about two years of age. More frequent testing may need to be done if the doctor determines that your child is at high risk.

Medicaid covers this testing for enrolled children between 6 and 72 months old. If your child doesn't have a regular pediatrician, or if you don't have health insurance for your child that covers blood lead testing, you can call your local health department (check the local government listings under "Health Department" in the blue pages of your phone directory) to find out where to have the test done at low cost or free, depending on your income.

Be sure to ask the doctor about the test result and what it means, because different lead levels call for different responses. When a child's lead level is only mildly elevated (from 10 to 19 micrograms of lead per decaliter of blood, or 10-19 ug/dl), New York State public health regulations' (*see endnote 7 ) call for the doctor to provide nutritional counseling aimed at reducing the child's absorption of lead (children whose diets are deficient in calcium and/or iron can absorb more lead than children who receive adequate amounts of these minerals). The doctor should also suggest various housekeeping and other measures that can reduce the child's exposure to lead, and continue to monitor the child's lead level.

State regulations also mandate that lead levels of 20 ug/dl or more require an inspection of the child's home by a public health worker. (*see endnote 8 ) All blood-lead level measurements are now electronically reported by testing labs directly to a State registery, and then to the local health units responsible for conducting inspections. (*see endnote 9 ) If the inspection uncovers "conditions conducive to lead poisoning" in your rental home, the health department issues a notice and demand to your landlord to abate those conditions by following special safety procedures to complete the abatement tasks that the health department specifies. The abatement work specified may include removal of lead paint; enclosure or, encapsulation of lead-painted surfaces; replacement of lead-painted building components such as windows, doors, and wooden trim; or some combination of these methods, depending on the hazards found. The goal of such abatement work is to make the child's home "lead-safe", not necessarily to remove all lead-based paint regardless of its condition. Under State law, (*see endnote 10 ) landlords who fail to comply with a health department notice and demand can be assessed monetary penalties and face additional enforcement actions.

You can't be absolutely sure whether your rental home contains lead paint unless the paint is tested. You should ask the landlord if the paint has ever been tested for lead. If it has, ask to see the results. However, landlords in New York State are not required to test paint for lead, nor are they required to allow a prospective tenant to test paint for lead before renting. A federal regulation originally scheduled to take effect in October 1995, but now apparently delayed until late 1996, (*see endnote 11) will require landlords to disclose any known lead paint hazards to prospective tenants. It will also require that prospective tenants be given a U.S. Environmental Protection Agency (EPA) pamphlet about residential lead poisoning hazards. It will not require landlords to undertake any new investigations or assessments to find out whether their rental dwellings contain lead paint or any lead paint hazards. Therefore, if you want to find out whether your rental home contains any lead paint, you may have to have it tested yourself.

Having an entire house or apartment tested is best, but it will be costly. HUD has estimated that, nationally, the cost of professionally testing the interior of an entire 2-bedroom, 900-square-foot apartment using a portable X-Ray Fluorescence (XRF) analyzer starts at under $300. (*see endnote 12) Testing costs may increase as the size of the apartment increases and if exterior paint must also be tested. The XRF testing method can be used without damaging or disturbing the painted surfaces tested. Other methods, such as collecting paint samples for testing or using do-it-yourself kits, can damage painted surfaces, and your landlord may therefore object to their use. Samples of lead paint must be tested by an independent laboratory and this will cost between $20 and $65 per sample; having a technician come to do the sampling costs extra. If you collect the paint samples yourself, ask the lab how to sample the paint properly. See Appendix 1 to obtain a list of testing labs that are certified by New York State to test paint for lead.

There are also do-it-yourself lead paint testing kits that are much less expensive, but they cannot detect lead beneath newer layers of unleaded paint without first scraping throuch the surface paint layers. Such kits may be far less sensitive than other methods, (*see endnote 13 ) and the EPA does not recommend their Use. (*see endnote 14 )

Even if the paint isn't tested, you can use the following guidelines to make an educated guess about whether a rental house, or apartment might have lead paint. If the building was built after 1978, it probably doesn't contain lead paint. If it was built between 1960 and 1978, it may have some lead paint. If it was built between 1940 and 1959, it probably contains lead paint, and if it was built before 1940 it almost certainly contains lead paint. (*see endnote 15 ) Lead paint produced before about the 1940's usually had much higher concentrations of lead than the lead paint produced later. So, the older the housing is, the more likely it is that it contains lead paint, and the higher the lead concentration in the paint is likely to be.

Landlords in New York City are required to repair exposed or damaged lead paint in any rental unit where a child under age six lives. (*see endnote 16 ) Elsewhere in New York State, you should call your local public health department or housing department to determine if your landlord has any obligations under local codes. Landlords who are ordered by the health department or housing department to repair or remove lead paint must follow special procedures. Currently, no such special procedures are required when landlords repair lead paint before they are ordered to do so. However, a careless repair job can just make matters worse. Lead poisoning can be caused bycareless or improper lead paint repairs, renovations and even simple maintenance repainting. Owners can face extraordinary liability if a child in one of their rental units becomes lead-poisoned, either because they didn't repair a dangerous lead paint condition, or because the repairs were not made with care. Because of this, it is in everyone's best interest to get the work done properly.

You should do everything you can to make sure that damaged lead paint is repaired quickly and carefully. If you have any question about whether the damaged paint contains lead, you or your landlord may wish to test the paint first, before starting repairs, especially if the damaged area is large (in New York City, damaged paint in an apartment that was built before 1960 must be presumed to contain lead. unless testing shows otherwise). (*see endnote 17) If the paint does contain lead, following special safety procedures will help ensure that the repairs themselves do not expose your children to dangerously high lead levels. Test results may help persuade your landlord to do the repairs properly. In all lead paint repairs, the goal should be to create as little paint dust as possible, to contain the dust and scraped-off paint chips, and to clean up completely.

The EPA has developed safe work practice guidelines for renovation and remodeling activities involving lead paint, including paint repairs, because these activities may create risk of exposing both repair workers and occupants to dangerous levels of lead. The EPA guidelines provide detailed information concerning work practices and safety precautions, including the use of special equipment such as respirators and high efficiency particulate air (HEPA) filter-equipped vacuum cleaners. The EPA cautions that no one should undertake lead paint repairs unless they can follow all the work practices and safety precautions in the guidelines; otherwise, professionals who are equipped to do renovation, remodeling and repair work safely should be hired. (See Appendix 2 to obtain a copy of the EPA guidelines, (Reducing Lead Hazards When Remodeling Your Home).

The federal CDC recommendations for protecting occupants and workers during lead paint repairs and abatement work include:

- Remove all personal belongings, furniture, drapes, carpets, cooking, and eating utensils from the work area;

- Cover floors, counters, cabinets and radiators with plastic;

- Close off the work area with 6mil-thick plastic sheeting to protect other areas in the unit and heating and ventilation systems from contamination;

- Keep residents, especially children and pregnant women, out of the work area;

- Provide workers with protective equipment, including coveralls, shoe and hair coverings, gloves, goggles and respirators;

- Before repainting, clean the area thoroughly by vacuuming the entire work area with a high efficiency particulate air filter (HEPA filter) vacuum, followed by a thorough wet-washing, and finishing with a repeat HEPA filter vacuuming.

(See Appendix 2 to obtain the CDC report, Preventing Lead Poisoning in Young Children, which contains these and other recommendations for preventing lead poisoning.)

Lead hazard abatements that have been ordered by a local health or housing department must be done following the procedures specified in applicable abatement regulations and in the order itself. (*see endnote 18 ) In New York City, the City's Health Department lead paint abatement regulations must be followed when lead abatements have been ordered by the city's housing department or public health department. (*see endnote 19 ) These regulations are an excellent guide for anyone who needs to know how to repair damaged lead paint properly. (See Appendix 1 to obtain a copy of these regulations.) Detailed safe work practice recommendations for specific activities involved in lead paint repairs, renovations and repainting projects, are also available from the National Association of Home Builders. ( See Appendix 2 to obtain the NAHB publication, What Remodelers Need to Know and Do About Lead.- A Guide for Residential and Commercial Remodelers and Painters.)

Even if the damaged area is very small, certain precautions should be taken. At a minimum, children and pregnant women should remain out of the work area while the repairs are done and until the final clean-up is completed. - All belongings should be moved away from the work area before the work is started. The floor around the work area should be covered with plastic sheeting, and the surface being repaired should be wetted down frequently with a water spray to prevent dusts from spreading around while the blistering or peeling paint is scraped or wet-sanded away. Dry sanding and scraping should be avoided. A thorough wet cleanup of the entire work area should be done before repainting. The person doing the repairs should use appropriate personal protection equipment, avoid eating or smoking in the work area, wash up before meal breaks, and change clothes and wash up at the completion of each day's work.

If testing shows that the lead in a fully flushed tap water sample is higher than 15 micrograms per liter (*see endnote 20 ) (ug/l, sometimes reported as parts per billion, or ppb), the EPA advises that you consider using bottled, water for cooking, drinking and formula preparation. Another option would be to install a water filtering device at your tap that is specifically designed to remove lead. Such devices must be selected carefully and replaced periodically.

Outdoor soils in high-traffic urban areas, as well as along heavily travelled highways and parkways, may have been contaminated with lead from auto exhaust emissions during the time when leaded gasoline was still in widespread use (The amount of lead used in gasoline declined steadily between 1976 and 1980, and lead has now been virtually eliminated from gasoline). Contaminated areas may include yards, lawns, playgrounds and parks where young children play.

The soils around houses and buildings whose exteriors were painted with lead paint may also be contaminated from the weathering and fading of the outside paint, or from removal of old paint prior to routine repainting. Elevated lead levels in soil may also be related to industrial emissions, or even former use of the land for certain agricultural purposes, since some pesticides used in the past contained lead.

You can reduce your children's exposure to lead in soil if you don't allow them to play or dig in outdoor soils that may be contaminated with lead. Lead contaminated soil may also be blown or get tracked into your home. The same cleaning methods recommended to control household dust from lead paint can control lead contaminated soil and dust that enters your home from outside. You can also reduce the amount of contaminated soil and dust that gets tracked into your home by putting a dust mat outside your door and cleaning it regularly.

1. Brody, D.L., Pirkle, J.L., Kramer, R.A., Flegal,K.M., Matte, T.D., Gunter, E.W., Paschal, D.C., 1994. Blood lead levels in the US population: Phase I of the Third National Health and Nutrition Examination Survey (NHANES III, 1988-1991). J. Amer. Med. Assn. 272:277-283.

2. Centers for Disease Control (CDC), 1991. Preventing Lead Poisoning in Young Children: A Statement by the Centers for Disease Control October 1991. - Atlanta, GA: CDC, U.S. Dept. of Health and Human Services.

3. National Research Council (NRC), 1993. Measuring Lead Exposure in Infants, Children and Other Sensitive Populations. Washington, DC: National Academy Press.

4. New York State Public Health Law, 1372.

5. Needleman, H.L., Schell, A., Bellinger, D., Levaton, A., Allred, E.N., 1990. The long term effects of exposure to low doses of lead in childhood: an I 1-year follow-up report. N. Engl. J. Med. 322:83-88.

6. Title 10, New York Codes, Rules and Regulations
('NYCRR'), Part 67, Subpart 67-1.

7. Title 10, NYCM Part 67, Subpart 67-1.

8. Title 10, NYCRR, Part 67, Subpart 67-2.

9. Title 10, NYCRR, Part 67, Subpart 67-3.

10.New York State Public Health Law, 1373,1374 and 1375.

11.This federal regulation was mandated under the federal Lead Based Paint Hazard Reduction Act of 1992. originally scheduled to be issued as a final regulation by October 28, 1994 and to become effective on October 28, 1995, the development of the regulation fell behind schedule and a proposed regulation was published for public review and comment in November 1994. The comment period ended on January 3, 1995, and a final regulation will be promulgated in late 1995 or early 1996. EPA and HUD indicated in the proposed rule that they interpret Congressional intent as requiring a one year period between the final promulgation of the regulation and its effective date.

12. U.S. Department of Housing and Urban Development (HUD), 1990. Comprehensive and Workable Plan for the Abatement of Lead-Based Paint in Private-Owned Housing: Report to Congress. Washington, DC: U.S. Department of Housing and Urban Development.

13. Consumers Union evaluated and reported on do-it-yourself lead testing kits in the June 1990 issue of "Consumer Reports.'

14. U.S. Environmental Protection Agency (EPA), 1994. Reducing Lead Hazards When remodeling Your Home. Washington, DC: U.S. Environmental Protection Agency.

15. National Research Council, 1993.

16. Title 28, Rules of the City of New York ("RCNY"), Chapter 11.

17. Title 28, RCNY, Chapter 11.

18. Housing Department orders are generally issued only after a complaint has been made, and an inspection has confirmed, that a landlord has failed to repair a dangerous lead paint condition. Health Department orders are generally issued only after it has been discovered that a child has a blood lead level of 20 ug/dl or higher and an inspection has determined that there are "conditions conducive to lead poisoning" in the home that require abatement.

19. New York City Health Code, Section 173.14.

20. This is a federal action level for lead that applies only to certain studies required of public water systems, and not to individual samples from homes. Thus, we may use it as a guide, but no regulatory action is triggered if this level is exceeded in your tap water.