Thursday, May 7, 2015

BALTIMORE MARYLAND LANDLORD LEAD (Pb) DISCLOSURE : FEDERAL LAW REQUIREMENTS

www.charlesjeromeware.com    "Here to make a Difference."


The premier Maryland-based, national law firm of Charles Jerome Ware, LLC defends rental owners and landlords in lead paint poisoning (Plumbism) claims and lawsuits.  For an initial courtesy consultation, contact us at (410) 720-6129.  We can help you.


The Residential Lead-Based paint Hazard Reduction Act of 1992, commonly known as TITLE X, was passed in an attempt to reduce the number of lead poisoning (Plumbism) victims in the United States. TITLE X, is a Federal law and is enforced by the U.S. Environmental Protection Agency (EPA) and it enforces regulations related principally to residential rental property buildings that were constructed before 1978.


Following up on TITLE X is the Federal law known as the Real Estate Notification Rule of 1996 ( also referred to as the "Lead Disclosure Rule"). This law is essentially a right-to-know rule that requires notification and disclosure of certain lead-based paint information.  It took effect on September 6, 1996 ( for sellers and lessors of five or more residential dwelling units)  and on December 6, 1996 (for sellers or lessors of one to four residential dwelling units). It, too, deals primarily with residential units (houses and apartments) that were built before 1978.


Since Federal law banned the residential and general consumer use of  lead-based paint in late 1977, housing generally containing lead paint was necessarily constructed prior to 1978.


Essentially, ingested and/or inhaled lead in sufficient quantity can be harmful to the human body. Therefore --- chipped or peeled or cracked lead paint, or lead dust, etc., which is ingested or inhaled  may cause serious harm to humans. DISCLOSURE and NOTICE, MAINTENANCE and RECORD-KEEPING concerning lead-based paint is critical.



Sunday, May 3, 2015

Attorney Charles Ware's Blog: BALTIMORE and MARYLAND LEAD POISONING DEFENSE: LAN...

Attorney Charles Ware's Blog: BALTIMORE and MARYLAND LEAD POISONING DEFENSE: LAN...: www.charlesjeromeware.com          " Here to make a Difference." Charles Jerome Ware, LLC is a premier lead poisoning defense law...

BALTIMORE and MARYLAND LEAD POISONING DEFENSE: LANDLORD DEFENSE TIPS 101

www.charlesjeromeware.com         " Here to make a Difference."
Charles Jerome Ware, LLC is a premier lead poisoning defense law firm headquartered in Maryland and nationally respected for its long-running and highly successful representation of landlord defendants in lead-based paint poisoning lawsuits. For an initial courtesy consultation, contact the firm at (410) 720-6129. If you have been sued, we can help you.


                                                   SYNOPSIS


For quite a while now, lead poisoning (Plumbism) has been a public health problem in Baltimore and elsewhere in major cities in the United States. Lead (Pb) in Baltimore and other industrial cities  comes from a number of sources including, inter alia, drinking water, plumbing, soil, dust, the air we breathe, some foods , toys, ceramics, pottery, work places, jewelry, etc., and lead-based paint.

In 1977, the Federal government banned the residential use of lead paint both inside and outside of residences in the United States. Therefore, the primary concern over residential lead-based paint comes from residences (houses and apartments) built before 1978. Landlords must be aware of the date their rental property was built, and be prepared to properly maintain the property as " lead-free" as humanly possible.


It should be understood that "uninterrupted" lead paint, alone, is not hazardous to the human body. It "interrupted" lead paint that can be harmful to the body when ingested and/or inhaled: that is, lead paint that is chipped, cracked, in dust form, peeled, etc. Any lead abatement work performed on these properties should be done by Maryland Department of the Environment- lead certified workers. Maintenance, Notice to tenants, and Record-keeping are key for any landlord renting pre-1978 built residential units in Baltimore.


Every landlord for a pre-1978 built property in Baltimore should, at a minimum, be aware of the following two Federal rules:  (1) the Residential Lead-Based Paint Hazard Reduction Act of 1992, commonly known as TITLE X, was enacted in an attempt to reduce the number of lead poisoning victims in the United States. It has important lead(Pb) "notice" provisions in it that landlords should be aware of; and (2) the Real Estate Notification Rule  of 1996 ( also known as the " Lead Disclosure Rule" or the " Disclosure Rule") is a right-to-know law that requires notification and disclosure of certain lead-based paint information.

Friday, April 24, 2015

Attorney Charles Ware's Blog: BALTIMORE LANDLORD LEAD PAINT REMOVAL --- LEGAL DE...

Attorney Charles Ware's Blog: BALTIMORE LANDLORD LEAD PAINT REMOVAL --- LEGAL DE...: www.charlesjeromeware.com                 " Here to make a Difference." Charles Jerome Ware, LLC is a premier Maryland-based, na...

BALTIMORE LANDLORD LEAD PAINT REMOVAL --- LEGAL DEFENSE ADVICE 101

www.charlesjeromeware.com                " Here to make a Difference."


Charles Jerome Ware, LLC is a premier Maryland-based, nationally recognized and respected, landlord lead-based paint poisoning legal defense law firm. For an initial courtesy consultation, contact the firm at (410) 720-6129. We can help you.


Lead (Pb) is relatively easy to detect. You can buy home-use kits that contain simple swabs which turn color when drawn over lead-based surfaces.


Because lead (Pb) is not able to dissolve in water or biodegrade, dissipate, decay, or burn,  it can be very harmful to the body. An estimated 10 million or more metric tons of lead residue is contained in the earth's environment.


With respect to the removal of lead ( lead abatement) from Baltimore residential units (houses and apartments) it is important to understand that the wholesale removal of the lead-based paint, or even sanding and re-painting, may not be the best solution. The reason for this is because these types of residential unit renovations frequently can create and release enormous amounts of lead (Pb) dust --- which can be the most serious vector for lead poisoning ( "plumbism").. Unless the lead-based paint removal is done by well-trained, certified personnel, the well-intentioned removal of lead paint may actually create a larger problem than originally existed.


Several states, including, have  training and licensing requirements for lead abatement professionals.
Occupational Safety and Health Administration (OSHA) regulations also contain specifications for the training and certification of lead (Pb) removal workers.


In our opinion, the most effective  six(6) steps for Baltimore landlords to take in dealing with lead-based paint removal (lead abatement) are:


(1) Inspect the pre-1978 built property for deteriorated paint.
(2) Clean up lead-contaminated dust with a good vacuum cleaner and detergent that is specifically designed to pick up lead. Your certified and well-trained lead removal professionals should have one of these machines in their inventory.
(3) Re-paint with non-lead-based paint to provide a strong, cleanable surface.
(4) Educate your tenants on how to identify, control and clean up any lead dust that might still be present.
(5) Monitor lead (Pb) dust situations.
(6) Do as much as possible, within the recommendations of your expert professionals, to prevent the accumulation of lead dust.

Friday, April 10, 2015

Attorney Charles Ware's Blog: TOXIC LEAD DISCLOSURE RULE: BALTIMORE LEAD POISONI...

Attorney Charles Ware's Blog: TOXIC LEAD DISCLOSURE RULE: BALTIMORE LEAD POISONI...: www.charlesjeromeware.com                    'Here to make a Difference." The Federal " Residential Lead-Based Paint Hazard ...

TOXIC LEAD DISCLOSURE RULE: BALTIMORE LEAD POISONING DEFENSE LAWYER

www.charlesjeromeware.com                   'Here to make a Difference."

The Federal " Residential Lead-Based Paint Hazard Reduction Act 0f 1992", also known as Title X,
was passed to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed the U. S. Department of  Housing and Urban Development (HUD) and the U. S. Environmental Protection Agency (EPA) to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

The Occupational Safety and Health Administration (OSHA) defines lead poisoning as having a lead blood level of 10 microliters/decaliter.