DATE: Saturday, April 19, 1997              TAG: 9704180531

SECTION: REAL ESTATE WEEKLY      PAGE: 04   EDITION: FINAL 

TYPE: Cover Story 

SOURCE: BY MARY ELLEN MILES, SPECIAL TO REAL ESTATE WEEKLY 

                                            LENGTH:  114 lines

COVER STORY: LAW GETTING SERIOUS OVER TOXIC LEAD

Last fall, a portion of the lead-based paint hazard reduction act (called ``Title 10'') took effect. Owners and lessors of multifamily units built prior to 1978 are required by federal law to disclose all known lead hazards and lead paint on the premises.

Beginning this winter, the law affected owners and lessors of single-family units.

Many people assume incorrectly that lead paint is only a concern if the paint is chipping. The real hazard is when surfaces with lead are disturbed and lead dust is created.

Lead-poisoning, an affliction that is irreversible, yet preventable, can affect anyone, but pregnant women and children under 6 are of particular concern. Women who might have ingested lead can pass it onto their children during pregnancy and in breast milk.

Lead-testing is new to many people. American Lead Consultants, a national franchise begun four years ago, opened in Virginia Beach last fall. Patrick Smith, president, said the company specializes in residential property and along with a Fairfax office, serves Virginia and North Carolina.

The company markets itself through consulting and seminars, making customers aware of the laws and their own responsibilities.

The law requires that disclosure documentation be given to tenants and buyers in all properties built prior to 1978, when lead-based paint was widely used in residential painting. Real estate agents must give a pamphlet about lead to buyers. The paperwork must be signed by the buyer, seller and real estate agent. A lead warning statement must also be on the contracts.

Although sellers or landlords aren't required to have a lead inspection or remove any lead hazards, if they have had an inspection, they have to disclose the findings. The buyer has 10 days to have the unit inspected for lead, at the buyer's expense.

An advance lead inspection can benefit sellers, too. Last-minute lead problems could delay closing the deal.

A lot of people waive their right for inspection,'' Smith said. With the often cumbersome list of out-of-pocket expenses involved in buying a house, buyers may not wish to find another couple hundred dollars for lead testing that they had not budgeted for. However, testing can save buyers money and effort, as well as giving them peace of mind, Smith says.

Certain federally funded programs and city assistance programs require testing and correction of problems. Newport News' housing authority inspects and removes lead above a certain level (the city's levels are lower than state and federal levels). Portsmouth also requires that its Section 8 houses to be lead-hazard free.

Smith said his inspectors use state-of-the-art technology for determining whether a dwelling contains lead. They use a noninvasive procedure and can test all kinds of surfaces, including toys. To operate any equipment in the lead-based paint regulation industry in this state, employees must be radiation certified, attend a federal EPA training class and be certified by the state.

To handle the noninvasive X-ray fluorescent instrument (which has a radioactive source in it) used by Smith's inspectors to read intact lead-based paint, they must also have radiation training and a license.

The X-ray fluorescent gun gives direct readings of the lead concentration within the inspected surfaces. Not all companies use the noninvasive instrument says Smith. Some companies use invasive instruments, taking a paint scraping off a surface.

The noninvasive technique is quicker, provides on-site results and requires no repairs compared to the invasive procedure. And when done correctly, it's more cost-effective, says Smith.

An inspector can schedule a visit to your dwelling within a day or two of your phone call, said Smith. And they work on the weekends.

Analysis of the inspection is completed in a Maryland laboratory; results take about three days, but can be rushed for one-day analysis. Results are hand-delivered and explained to the clients. Removal of the lead can be very costly and is not always the best course of action.

If results show that correction procedures are necessary alternatives to removal are discussed. American Lead Consultants is not involved in the removal process, but they can re-inspect the house after the correction procedures are completed.

``If your house has lead paint, let's make sure it's not a lead hazard,'' says Smith.

Lead lawsuits are out there, said Smith. Many are settled out of court. If the people involved (Realtors, brokers, landlords, renovators and remodelers) know a hazard or even a potential hazard exists, negligence may be involved. All are susceptible if negligence can be proven, Smith said.

New lead testing businesses continue to crop up and testing fees vary for the same services. Fees could run $50 to $5,000 for inspections, Smith said. One company may charge $250 to test your living space, another may charge $1,200.

``This is just a disclosure law,'' Smith said. ``The lawmakers were hoping that people would take it upon themselves to do something, but they're concerned now because they haven't gotten the reaction they wanted. The next phase of the law that's coming into play possibly by the summer's end concerns renovation.''

When renovation workers come to work on your house, they will be required to give you a pamphlet. That includes any type of renovations - room additions, painting, plumbing, roofing, electrical or air-conditioning work, etc.

``If a surface that possibly has lead on it will be disrupted in any way, the renovators will be required to give you a pamphlet. The dust from rehabing a dwelling causes the most serious potential for lead poisoning.''

Roger Lafon, a Realtor with Rose & Kreuth Realty in Virginia Beach, says a recent sales meeting included a lead seminar.

``I think it's a great thing,'' he says, referring to the disclosure law. It's definitely beneficial for buyers and sellers, he says. Lafon thinks it's beneficial for investors to test their rental property too.

``Anything that has to do with the health of our children and ourselves,'' he says. ``I think it will become as common as the home buyers inspection.'' ILLUSTRATION: [Cover, Color photo]

MORT FRYMAN

The Virginian-Pilot

Todd Claypool of American Lead Consultants checks a duplex in

Chesapeake for signs of lead paint

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