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Table 1 Summary of Massachusetts and Ohio’s lead laws adapted from:[6, 7]

From: Primary prevention of lead poisoning in children: a cross-sectional study to evaluate state specific lead-based paint risk reduction laws in preventing lead poisoning in children

Summary of Massachusetts’1and Ohio’s2lead laws

 

1971

1987

1993

2004

Massachusetts

Massachusetts

Massachusetts

Ohio

Lead Law passed

Lead Law amended

Lead Law amended again

Lead Law Enacted

• Owners must inspect and delead house or apartment if it was built before 1978 AND a child younger than 72 months lives there.

• Deleaders must be trained and licensed to delead.

• State introduced interim controls to allow owners to delead over a two-year period. Use of encapsulants was approved for deleading.

• Health Department may enter residence of a child who had been identified as having lead poisoning to conduct risk assessment.

• Residents must be relocated during deleading.

• The Department of Public Health created a lead-poisoning–prevention program that would be responsible for enforcing these new rules.

• State established financial assistance for deleading, a $1000 state income tax credit and a grant or loan program.

• Safety precautions during deleading were eased when no children were present.

• Permission to enter must be given by the owner or occupant of the residence.

• If permission to enter the property was not granted, a court order must be obtained.

• Property owners would now be liable for damages if they did not follow the Massachusetts Lead Law and a child was poisoned by the lead.

• Potential purchasers of residential properties must receive notice about the lead law and have an opportunity to have a lead inspection.

• State increased the income tax credit for deleading to $1500 per housing unit, and a new state fund for lead hazards was created.

• If lead hazards were found, a lead-hazard–control order could be issued requiring the owner or occupant to vacate until a clearance examination had been passed.

• All healthcare providers must test children for lead, and health insurers must cover the costs of this test.

• Owners with Letters of Interim Control or Letter of Compliance could no longer be held liable for damages while the letters were valid. Insurers were required to provide coverage for any negligence claims (short of gross or willful negligence) brought against owners with Letters of Interim Control or Compliance.

Failure to comply with the lead-hazard–control order would require a court order prohibiting occupancy of the residence until the clearance examination had been passed.

  1. 1MA lead poisoning that triggers an environmental investigation is defined as BLL ≥25 μg/dL.
  2. 2OH lead poisoning that triggers an environmental investigation is defined as BLL ≥15 μg/dL.