Lead Law Update (FAQ Series): Does a “lead free” certification mean that only a portion of the building (large apartment) is tested?
We are regularly receiving questions regarding the new Lead Law and have created a weekly “Frequently Asked Questions” (FAQ’s) forum for you as you desire to become more informed of the Lead Law and its complexity.
This week we are featuring a common question:
Question: Does a “lead free” certification mean that only a portion of the building (large apartment) is tested?
Answer: Yes, “Lead Free” certification for apartment buildings can mean that a percentage of the building's apartment units can be tested and if it passes, can certify the remaining units as Lead-Free. This percentage is based upon the “Calculation” methodology as defined by the Department of Housing & Urban Development as per below.
This may be advantageous and worth considering for some properties (that have been completely renovated from top to bottom), but keep in mind the XRF device and the testing methodology is quite comprehensive, and obtaining results of less than 1.0mg/cm can be difficult to achieve (especially for older buildings).
Calculation of % Testing Required (# of Apartments Tested)
The “Lead Free” testing process includes testing exterior components (which is not included in “Lead Safe” testing). Lastly, a building (and the relative % of testing required) is dependent upon two broad characteristics:
The date the building was built
The number of similar units, similar common areas or exterior sites in a building or development.
This data is input into the HUD Guidelines table to determine the # of tests required to certify the property as “Lead Free”. This % can range from as low as 5% or as high as 20% of the apartments in the building to be tested (again depending upon age and total # of apartments)
Importantly, the Housing & Urban Development tables require 100% testing until the # of apartments reaches 20 units. After 20 units, the % of testing required starts at 80% (so 16 units out of 20) and then progressively reduces in % as the size of the apartment building gets larger.
As such, this methodology has its advantages for large apartment buildings, not multi-unit properties (duplexes, triplexes, etc.) which would be subject to 100% testing.
