8.2 HAZARDOUS SUBSTANCES PART 1

Asbestos
Asbestos is a fire-resistant mineral that was once used extensively as insulation and to strengthen other materials. A component of more than 3,000 types of building materials, asbestos was found in most construction, including residential, until 1978 when its use was banned. The EPA estimates that, even today, about 20 percent of the nation’s commercial and public buildings have asbestos-containing materials (ACMs).

Asbestos was used to cover pipes, ducts, and heating and hot water units. Its fire-resistant properties made it a popular material for use in floor tile, exterior siding, roofing products, linoleum flooring materials, joint compounds, wallboard material, backing, and mastics. Though some ACMs are easy to identify (e.g., insulation around heating and water pipes), identifying asbestos may be more difficult when it is behind walls or under floors.

Asbestos is highly friable, meaning that as it ages, asbestos fibers break down easily into tiny filaments and particles. This makes asbestos especially harmful when it is disturbed or exposed and becomes airborne, as often occurs during renovation or remodeling. Those who have inhaled asbestos fibers often develop serious and deadly respiratory diseases decades later. While federal regulations establish guidelines for owners of public and commercial buildings to test for asbestos-containing materials, there are no guidelines regarding the presence of asbestos in residential properties.

Because improper removal procedures may further contaminate the air within the structure, the process requires state-licensed technicians and specially sealed environments. The waste generated must be disposed of at a licensed facility, which further adds to the cost of removal. Encapsulation, or the sealing off of disintegrating asbestos, is an alternate method of asbestos control that may be preferable to removal in certain circumstances. However, an owner must periodically monitor the condition of the encapsulated asbestos to make sure it is not disintegrating.

Only a certified asbestos inspector should perform an asbestos inspection of a structure to identify which building materials may contain asbestos. The inspector can also provide recommendations and costs associated with remediation. It is vital that a buyer knows where asbestos-containing materials are located so that they are not disturbed during any repair, remodeling, demolition, or even routine use. Appraisers also should be aware of the possible presence of asbestos.

Lead-Based Paint and Other Lead Hazards
Lead was used as a pigment and drying agent in alkyd oil-based paint. Lead-based paint may be on any interior or exterior surface, but it is particularly common on doors, windows, and other woodwork. The federal government estimates that lead is present in about 75 percent of all private housing built before 1978, or approximately 57 million homes, ranging from low-income apartments to million-dollar mansions.

Children younger than six are the most vulnerable to damage from excessive lead levels. Elevated levels of lead in children cause learning disabilities, developmental delays, reduced height, and poor hearing, and the effects are generally irreversible. Excessive exposure in adults can induce anemia and hypertension, trigger gallbladder problems, and cause reproductive problems in both men and women.

Lead dust can be ingested from the hands by a crawling infant; inhaled by any occupant of a structure, or ingested from the water supply because of lead pipes or lead solder. Soil and groundwater may be contaminated by everything from lead plumbing in leaking landfills to discarded skeets and bullets from an old shooting range. High levels of lead have been found in soil located near waste-to-energy incinerators.

In 1996, the EPA and the Department of Housing and Urban Development (HUD) issued final regulations, known as the Lead-Based Paint Hazard Reduction Act (LBPHRA) of 1992, which requiring the disclosure of the presence of any known lead-based paint hazards to potential buyers or renters. The federal law does not require that anyone test for the presence of lead-based paint.

LBPHRA requires the following from sellers and landlords of residential dwellings built before 1978:

  • Landlords must disclose known information on lead-based paint and hazards before leases take effect. Leases must include a disclosure form regarding lead-based paint.
  • Sellers have to disclose known information on lead-based paint and hazards prior to an execution of a contract for sale. Sales contracts must include a completed disclosure form about lead-based paint. This is the form for sellers and is slightly different from the form for landlords. Licensees should use EPA-written disclosure forms rather than creating their own forms.
  • Buyers have up to ten days to conduct a risk assessment or an inspection for the presence of lead-based paint hazards.
  • Licensees provide buyers and lessees with “Protect Your Family from Lead in Your Home,” the pamphlet created by the EPA, HUD, and the U.S. Consumer Product Safety Commission.
  • Renovators must give homeowners the “Protect Your Family from Lead in Your Home” pamphlet before starting any renovation work.
  • Beginning April 2010, federal law requires anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities to be trained and certified in the EPA’s new lead-based work practices. This includes residential rental property owners/managers, general contractors, and special trade contractors (e.g., painters, plumbers, carpenters, electricians). The Renovation, Repair, and Painting (RR&P) program involves pre-renovation education. This education includes distribution of the pamphlet “Renovate Right” to the property owners before work commences.
  • Licensees must ensure that all parties comply with the law.
  • Sellers, lessors, and renovators are required to disclose any prior test results or any knowledge of lead-based paint hazards. With only a very narrow exception, all real estate licensees (subagent, buyer’s agent, and facilitator) are required to advise sellers to make the required disclosures. Only buyer’s agents who are paid entirely by the buyer are exempt.

The regulations apply to housing built prior to 1978 with the following six exceptions:

  • Property sold at foreclosure, although the disclosure must be made at resale time
  • Rental property that is certified “lead-based paint free” by an inspector who

is certified under a federal program or federally authorized state certification program

  • Property leased for 100 days or less, with no lease renewal or extension
  • Renewals of existing leases if disclosure was made at the time of the initial lease
  • Units with no bedrooms or with no separation between sleeping and living areas
  • Housing for the elderly or disabled if children under the age of six are not expected to live there

There is considerable controversy about practical approaches for handling the presence of lead-based paint. Removal or encapsulation is sometimes utilized. Federal law requires that only licensed lead inspectors, abatement contractors, risk assessors, abatement project designers, and abatement workers may deal with the removal or encapsulation of lead in a structure.

Anyone who performs lead abatement or mitigation activities without a license is guilty of a Class A misdemeanor. The Department of Public Health (DPH) oversees the qualifying, training, and licensing of lead abatement contractors and lead abatement workers in Illinois.

EPA guidance pamphlets and other information about lead-based hazards are available from the National Lead Information Center at (800) 424-5323.

The Illinois Lead Poisoning Prevention Act (410 ILCS 45) requires that physicians screen children younger than six years old for lead poisoning when the child lives in an area considered by the state to be at “high risk” for lead exposure. High-risk areas include slum and blighted housing, proximity to highway or heavy local traffic; proximity to a lead-using or

if the inspection identifies a lead hazard, the property owner is required to mitigate the  condition within 90 days (30 days if a child under six or a pregnant woman is at risk). Licensed lead abatement contractors must be used for lead removal. The owner will receive a certificate of compliance once the DPH is satisfied that the lead hazard has been removed.

An owner who has received a lead mitigation notice must provide any prospective lessees for the affected unit with a written notice of the existence of an identified lead hazard. In addition, all owners of residential build­ings or units must give current and prospective lessees information on the potential health hazards posed by lead and a copy of an informational brochure.

1978 is a year to remember. Lead paint and asbestos were both banned.