West Virginia has recently begun enforcement of their laws on lead based paint in daycare centers within the state. Under West Virginia law it is required that all daycare centers have a Risk Assessment done on all buildings that are built in 1978 or before. In West Virginia the local County Health Departments oversees this and issues licenses to daycare providers in that area. Nestletosh was first in being licensed in the State of West Virginia serving the Martinsburg and Berkeley County area and beyond. Our license's include Risk Assessment, Inspector, Abatement and Project Design.
A Risk Assessment is a full scale testing of the property using an XRF Gun to determine the amount of lead (if any) is found in the existing paint. In an average property there can be anywhere from 100 to 300 plus readings taken. Because of the amount of readings taken the fees for such would vary. At Nestletosh Property Services we want to provide testing service at a price that is affordable. This is why we price each job separately and provide a quote that applies to just your property.
Please note that day care owners must use some caution before hiring a risk assessor to inspect their centers. Once a risk assessment is done and lead based paint is found, a owner may be prohibited from doing any repair work their self. The law states that should any abatement work be required to make the center lead safe, they must use only licensed people to do the work. This can be expensive and time consuming because of the procedures that must be followed before the work can begin. It is suggested that owners take the time to ensure that there is no cracking or peeling paint that is visible when the inspection is done. This simple act can save you both grief and money.
Below you will find a copy of the memorandum and current regulation on lead based paint for your review. This information was taken from the West Virginia State Web Site. For more information you can contact your local health department or the person listed at the end of the memorandum. At Nestletosh Property Services we care and want you to be informed and up to date !
The Day Care Center Licensing Regulation §78-20.3.c states:
Lead Paint. A center shall remove lead paint from the premises according to current safety standards and at a time when the children are absent during the entire removal process.
The Child Care Center Licensing unit defers to the Public Health Sanitation Division in determining what is current safety standards in the removal of lead paint. The following memorandum may be helpful in understanding what is expected by the Health Department in regards to lead paint in child care centers.
Any questions may be addressed to the licensing specialist for the child care center or to the local county Health Department.
M E M O R A N D U M
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TO: |
Sanitarians, Local Health Departments & Public Health Sanitation Division |
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FROM: |
Linda M. Jones, R.S., Assistant Director |
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Public Health Sanitation Division |
DATE: April 17, 2002
RE: Lead-Based Paint in Child Care Centers
Section 5.1.c of the Child Care Center Rule 64 CSR 21 states, "All painted surfaces shall be free of lead pigment and other toxic materials." Paint shall be considered "free of lead pigment" if it contains less than 0.5% lead. This is based on the Lead Abatement Licensing Rule 64 CSR 45 which defines lead-based paint as "Paint or other surfacing coatings that contain lead at or in excess of five thousand (5000) parts per million, or one half of one percent (0.5%) by weight."
In 1978 the Consumer Product Safety Commission banned the sale of lead-based paint for use in residences and made it illegal to paint children’s toys and household furniture with lead-based paint. Over 80% of all housing built before 1978 contains some lead-based paint. The mere presence of lead in paint, however, may not constitute a hazard. In fact, if in good condition (no flaking or peeling), most intact lead-based paint usually is not a hazard. Therefore enforcement of section 5.1.c unfairly prohibits the use of most buildings constructed prior to 1978 as child care centers even though a lead hazard may not exist.
Until the Child Care Center Rule is revised, section 5.1.c shall be enforced using the following requirements for buildings constructed prior to 1978:
- • The operator shall have a lead risk assessment conducted of the building by a licensed lead risk assessor. Section 8 of the Lead Abatement Licensing Rule requires the licensed lead risk assessor to generate a written report that provides, among other things, "An assessment of the potential routes of lead
- exposure for occupants . . ." and "A detailed description of recommended control strategies for reducing lead-based paint hazards and justification for the strategy selected, the locations where the recommended actions should take place, and a suggested prioritization for taking each action based on the degree of the hazard."
- • The operator shall comply with the recommendations of the written lead risk assessment report to assure that all identified lead hazards are abated or controlled. Compliance with the assessor’s recommendations is required regardless of whether or not the report includes a statement that the facility meets the criteria established by the Department of Housing and Urban Development (HUD) for lead safety. HUD’s standards vary depending on the type and use of the building and may not require a follow-up to determine compliance with lead control recommendations.
For example, one center’s report identified a few exterior and interior exposed painted surfaces in less than intact condition and recommended removal of loose paint and application of a stabilization film, as well as the replacement of one door. The report also stated, however, that the facility " . . . meets the criteria established by the Department of Housing and Urban Development for lead safety. There were lead-based painted surfaces detected, with minimum procedures supplied in the Lead Hazard Control Plan for maintaining the surfaces in place."
It is not necessary to require a lead risk assessment for buildings constructed after 1978 unless you have reason to suspect that lead-based paint may have been used. Lead-based paint is still available for industrial, military, and marine usage, and some of the older lead-based paint for residential use may have been stored and then used after it was banned.
If you have technical questions on lead testing and abatement, please contact Mr. Anthony Turner, R.S., Chief, Lead & Indoor Air Program, telephone (304) 558-2981. Mr. Turner can provide you with a list of licensed lead risk assessors and a supply of brochures and informational material to distribute to the centers in your county.
/lj