# Kid's and Lead



## jsheridan (Mar 12, 2011)

If lil johnnie turns up with lead in his blood, what happens next? Is there required reporting by the doctors? Like if your kid has inexplicable bruises, you're getting a call/visit from the man. It seems to me that there would be an effort to find the source to eliminate it. Is this happening yet or any wind of it? If not, I believe it will be at some point. 
What are contractor liabilities if lil johnnie has an elevated blood lead level three months after your job completion?
This is a question I'm posing to guys I know who are only going through the motions with RRP, who think that as long as they don't get caught *on the job*, they are scot free.


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## CliffK (Dec 21, 2010)

jsheridan said:


> If lil johnnie turns up with lead in his blood, what happens next? Is there required reporting by the doctors? Like if your kid has inexplicable bruises, you're getting a call/visit from the man. It seems to me that there would be an effort to find the source to eliminate it. Is this happening yet or any wind of it? If not, I believe it will be at some point.
> What are contractor liabilities if lil johnnie has an elevated blood lead level three months after your job completion?
> This is a question I'm posing to guys I know who are only going through the motions with RRP, who think that as long as they don't get caught *on the job*, they are scot free.


It's a valid point Joe. I would think though, if there is lead in the house it would be difficult to prove "how" it got into a child's system. There was a thread here by Dean I think, that said he found lead in the bathtub. Painters are in a funny place with the RRP. Some actions are no question-window replacement, demolition etc., but only some painting prep procedures fall under the category of RRP, not all paint jobs, even if they do take place in a pre 1978 home are considered RRP. It is up to the certified contractor to make the determination if we are "disturbing" more than 6 sq. ft. If it is documented that I knocked down a wall or tore out a bathroom then there is no question, but if we repainted the living room that isn't necessarily an RRP job. It all depends on if we sanded, scraped etc. We try NOT to disturb, but when it is necessary I won't fool around with it-too much at risk for all. We will follow it over and above and document the hell out of it.


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## Dean CRCNA (Feb 4, 2010)

Northeastern guys have it tougher than Southwestern guys, since the stock of older homes is a lot higher.

Whether a doctor has to report EBLLs depends on the State.

Usually lead in the blood last for 30 to 60 days, so after 3 months, it gets harder to prove it is the contractor. However, EBLLs is going to be a tough situation. Basically, a non-certified contractor is doomed with both the homeowner and state/EPA coming after them.

The certified contractor actually has the state/EPA on their side, since they followed approved protocols. However, a lawsuit whether you are on the right side or wrong side is a tough situation. I normally test. If I find lead based paint, I go into more education with the homeowner ... take pictures of my containment ... ask if any other renovations have been done lately and do my own wipe test (as a comparison) before starting work. I don't send the wipe test out to the lab, I just keep them in case.


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## bikerboy (Sep 16, 2007)

As hard as we work to be compliant. I did turn down a RRP job solely because they had 4 kids, 6 and under in the home. The youngest being 6 months. 

Following the law or not, if something happened to those kids, I just couldn't sleep.


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## jsheridan (Mar 12, 2011)

CliffK said:


> It's a valid point Joe. I would think though, if there is lead in the house it would be difficult to prove "how" it got into a child's system. There was a thread here by Dean I think, that said he found lead in the bathtub. Painters are in a funny place with the RRP. Some actions are no question-window replacement, demolition etc., but only some painting prep procedures fall under the category of RRP, not all paint jobs, even if they do take place in a pre 1978 home are considered RRP. It is up to the certified contractor to make the determination if we are "disturbing" more than 6 sq. ft. If it is documented that I knocked down a wall or tore out a bathroom then there is no question, but if we repainted the living room that isn't necessarily an RRP job. It all depends on if we sanded, scraped etc. We try NOT to disturb, but when it is necessary I won't fool around with it-too much at risk for all. We will follow it over and above and document the hell out of it.


That's the problem with it Cliff, it's not cut and dry. And that's part of the reason I say that, in time, RRP will become the domain of the large firms who have the staff and expertise to cut the wheat from the chaff.


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## jsheridan (Mar 12, 2011)

bikerboy said:


> As hard as we work to be compliant. I did turn down a RRP job solely because they had 4 kids, 6 and under in the home. The youngest being 6 months.
> 
> Following the law or not, if something happened to those kids, I just couldn't sleep.


Don't blame you Biker. They must be Catholics.


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## jsheridan (Mar 12, 2011)

Dean CRCNA said:


> Northeastern guys have it tougher than Southwestern guys, since the stock of older homes is a lot higher.
> 
> Whether a doctor has to report EBLLs depends on the State.
> 
> ...


You got that right Dean, here is a quote from the history of page of Cape May; 
"In 1878, Cape May City nearly burned to the ground; the reconstruction that followed has left a plethora of Victorian era buildings like no other in America."
The whole page, with pics, can be found here. Imagine the whole town looks like the pic with the porches. They're tenting buildings here. 
Further complicating certification is that if a state has stricter requirements, federal cert may not be sufficient, correct?


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## Roamer (Jul 5, 2010)

A painted lady like that must garner about $10,000 per side of the house, I reckon.


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