COLORADO DIVISION OF HOUSING ADVANCES


Lead-Based Paint Hazards
and New Federal Regulations

Lead poisoning in humans is the result of exposure to lead from a wide variety of sources including paint pigments, dust, soil, industrial pollution and automobile exhaust.  While adults can suffer various health ailments due to elevated lead levels in their blood, the group most at risk from exposure to lead is children under the age of six. In addition, pregnant women and women who may bear children in the future must be aware of the risk of lead hazards due to the potential exposure to their unborn children.

Excessive blood-lead levels can seriously damage a small child's brain and central nervous system. Lead exposure in children can produce permanent nervous system damage, including reduction in intelligence and attention span, reading and learning disabilities, and behavior problems. The U.S. Center for Disease Control has labeled childhood lead poisoning as "the number one environmental health hazard facing American children". While children of higher income households have been found with elevated blood lead levels, statistics demonstrate that children from lower income families are at the highest risk for lead poisoning (due to the age and condition of their homes).

The Colorado Department of Public Health and Environment (CDPHE) Lead Poisoning Prevention Program compiles information on the number and location of children found to have elevated blood levels (greater than 10 micrograms/deciliter of blood) across the State of Colorado.  During the period 1996-2000, approximately 3% of all children tested statewide had elevated blood lead levels.  In one neighborhood in Denver, over 16% of the children tested had elevated blood lead levels.  On-going efforts by the CDPHE and Medicaid to educate parents on the sources and hazards of lead poisoning are designed to increase the number of children tested every year statewide.

In 1992, the U.S. Department of Housing and Urban Development (HUD) and the Environmental Protection Agency (EPA) jointly created the Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X).  These regulations serve to reduce the exposure of children to lead-based paint in their homes through the identification and control of lead hazards.  These regulations are applicable to the purchase, sale and/or leasing of residential and multi-family housing and the rehabilitation of existing housing that have Federal Assistance.

Several types of properties are exempt from these regulations.  Title X does not cover the following properties, either because lead paint is unlikely to be present, or because children will not occupy the space in the future:

Since 1996, the Disclosure of Known Lead-Based Paint Hazards Upon Sale or Lease of Residential Property section of Title X has been in place.  This component of Title X requires that owners and landlords of housing built before 1978 to disclose any knowledge of lead-based paint and/or lead-based paint hazards.  The Disclosure Regulations apply regardless of whether there is Federal Assistance involved in eh process.  The following are requirements of the Disclosure Regulations:

On September 10, 2001, all remaining provisions of Title X became enforceable in Colorado.  Depending on the nature of the Federal Assistance (whether the housing is being disposed of or financially assisted by the Federal government; the type, amount and duration of financial assistance; the age of the property; and whether the property is rental or owner-occupied) the requirements of Title X vary.

Each type of housing assistance has a specific set of Title X regulations.  For instance, single-family, owner-occupied housing rehabilitation has a different set of regulations than those for a down-payment assistance program.  The following is an example of the types of lead-based paint activities that are required when completing housing rehabilitation work valued between $5,001 and $25,000 when Federal Assistance is involved.

Title X requires the use of workmanship practices that will assist in minimizing the exposure of workers and residents to lead-based paint hazards.  These safe work practices include:

The following resources offer additional information on lead poisoning and lead-based paint regulations:

Organizations and Resources:

Publications:

Part 35 (24 CFR) Code of Federal Regulations - This is the full text of the lead-based paint regulations.  A copy of this publication can be obtained by calling National Lead Information Center at 1-800-424-LEAD or by downloading it at www.hud.gov/lea.

State Regulation No. 19 - The Colorado Department of Public Health and Environment (CDPHE) Regulation No. 19 contains procedures and requirements for the accreditation of lead-based paint activities training programs, procedures and requirements for the certification of individuals and firms engaged in lead-based paint activities, and work practice standards for performing such activities.  A copy of this regulation is available from the CDPHE by calling 303.692.3261.

29 CFR 1926.62 - The Occupational Safety and Health Administration (OSHA) has regulations that cover workers that come into contact with lead.  These regulations can be found in 29 CFR 1926.62.  Workers that come into contact with lead must take proper precautions to protect themselves from lead-based paint hazards, including inhaling dust and avoid taking home lead materials with them on their work clothing.  Protective measures for workers include: using safe work practices (such as wet work methods); wearing NIOSH approved respirators and wearing disposal protective work gear (gloves, booties and head coverings).

Lead Services Directory - The Lead Services Directory is published by the CDPHE and provides contact information about individuals and organizations that provide a variety of lead-based paint services in the State of Colorado.  The Lead Services Directory is available online at: www.cdphe.state.co.us/ap/down/leadservices.pdf and is updated on a semi-annual basis by the CDPHE.

Lead Paint Safety:  A Field Guide for Painting, Home Maintenance and Renovation Work (June 1999) - This publication provides information on how to complete routine maintenance on homes build prior to 1978 in a safe manner that minimizes the disturbance of lead-based paint.  This publication can be ordered from the National Lead Information Center at 800.245.2691 or the guidelines can be downloaded from the HUD Lead Hazard Control web site at www.hud.gov/lea/leahome.html.

Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (June 1995 with 1997 Chapter 7 Update) - This publication details all aspects of lead-based paint hazard identification and control practices.  These guidelines are available from HUD USER at 800.254.2691 or can be downloaded from the HUD Lead Hazard Control web site at www.hud.gov/lea/leahome.html.

HUD Interpretive Guidance - The HUD Interpretive Guidance dated September 21, 2000 is HUD's official interpretation of the new HUD lead-based paint regulations.  This interpretative guidance can be downloaded from the HUD Lead Hazard Control web site at www.hud.gov/lea/leahome.html.

 



 



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last modified 05-02-02

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