The rule defines the existence of a lead hazard where deteriorated paint is found on more than (1) two square feet of interior components with large surface areas, (2) 10 square feet of exterior components with large surface areas, and (3) 10 percent of the total surface area of internal or external components with small surface areas. The rule also defines lead-dust presence as hazardous if more than 50 micrograms per square foot on uncarpeted floors and 250 micrograms per square foot on interior window sills are found. Additionally, lead levels found in soil are deemed hazardous if present at 2,000 parts per million on average, across an entire yard.
The rule also sets out specific requirements for abating lead hazards and contains a clause stating that the standard does not preempt more stringent state requirements. Thus, if your state requires a landlord to do more than the federal government, the landlord must comply with those state requirements for cleaning up lead paint hazards. While the rules define what is a hazard and when a landlord must act to reduce such hazards, all landlords are required to notify their tenants if they are aware of the presence of lead on the property.
According to the EPA, lead paint is a hazard when it breaks down, is found on friction or impact surfaces, or is found on child-accessible surfaces. When the pain breaks down, the problem is that the breakdown leads to a release of paint chips and lead dust. According to the agency, the release can contaminate the home and can be ingested by children in hand-to-mouth contact. Impact surfaces, like door frames and stairs, can be problematic because these areas also can be damaged, leading to the release of lead. Also, frequent contact with these areas can lead to normal breakdown over time. Child-accessible surfaces present a potential for harm because children can teeth and chew these surfaces, directly ingesting lead. The government reports that lead-based paints are not particularly hazardous if the paint is in good condition and not on an impact or friction surface.
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