|LEAD Action News Volume
12 Number 3, May 2012, ISSN 1324-6011
Incorporating Lead Aware Times ( ISSN 1440-4966) and Lead Advisory Service News (ISSN 1440-0561)
The Journal of The LEAD (Lead Education and Abatement Design) Group Inc.
Info Pack – Renting and Lead, Queensland
By Elizabeth O'Brien, BSc, Grad Dip in Educational Studies (Health Educ’n), Manager, Global Lead Advice & Support Service (GLASS) run by The LEAD Group Inc. Australia
Once you have confirmed that the peeling
house paint is leaded, Queensland tenancy regulations include a category of
repairs that probably fits your situation: “urgent repairs that affect tenant
health and safety”, and you can either put your request for such repairs (eg
lead-safe preparation of peeling paint, and overpainting with new paint) in
writing (ie send a request by email) but it is advisable to fill in the Notice
to Remedy Breach form, at www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Notice-to-remedy
In Queensland, you can ask the Environmental Health Division, Queensland Health Department to do free testing of house paint for lead, at their lab. Phone 33289310 or email firstname.lastname@example.org or check out the fact sheet at www.health.qld.gov.au/ph/Documents/ehu/5794.pdf but be sure to tell them that it is urgent and ask how soon you can expect the results. If there is a long delay in getting the paint test results, you would likely want to consider one of the following options.
There are only three lead assessors we know of in Queensland:
if you wish to contact them or you can pass their details on if you wish to request that your real estate agent organise a home lead assessment (sampling for laboratory analysis, report-writing) after the peeling paint cleanup.
Alternatively, your real estate agent could arrange to bring Martin Bagnall of Sampling Technologies and his X-Ray Fluorescence machine from Melbourne for on-the-spot lead assessment by XRF and a print-out of the results. See www.sampletech.com.au
Mentioning the expensive home lead assessment by a lead assessor is often a good preparatory move to then suggesting the use of a DIY-sampling lead assessment kit which is half to quarter the cost of a lead assessor. See www.lead.org.au/fs/DIY_sampling_lead_analysis_kits_flyer_20111214.pdf - the samples can be sent in two batches if preferred so that you have both pre- and post-repainting dust wipe and soil results to check on whether the painting contractor has done a lead-safe job and finally whether the home and yard is lead-safe for a child or pet.
Mentioning the DIY-sampling kit ($250 for LEAD Group members or $275 for non-members) is a good preparatory move to then discussing the option that, at the very least, they reimburse you for the cost of testing the flaking paint and paint dust with the spot test kit (eg Lead Check). Note that if the colour on the tip of the tester turned pink when you used it on paint dust, then the dust must contain at least 0.5% lead, which is equivalent to 5000 parts per million (ppm) lead - a very high figure indeed!
When dealing with your agent or landlord, put everything in writing! That's the key.
In addition to the factsheet "Lead paint & ceiling dust management - how to do it lead-safely [Info Pack 3]" at www.lead.org.au/fs/fst38.html, please find our info pack for tenants below and follow the links.
Please find in a recent newsletter at www.lead.org.au/lanv9n4/LEAD_Action_News_vol_9_no_4.pdf, a letter to a real estate agent, written by a NSW tenant who had to move his family out of a lead-contaminated home but who was later compensated for various costs and refunded his rent.
I hope this helps but please re-contact if you have any further questions.
INFO PACK ITEMS
Renting in Queensland - Tenants' Union of Queensland Inchttp://tuq.org.au/wp/wp-content/uploads/2010/03/Renting-in-Queensland_Feb-2010.pdf
Repairs and Maintenance - Tenants' Union
of Queensland Inchttp://tuq.org.au/wp/wp-content/uploads/2009/12/Repairs-and-Maintenance-Nov-09-SD
You Want To Leave - Tenants' Union of Queensland Inc http://tuq.org.au/wp/wp-content/uploads/2009/12/You-Want-to-Leave-Nov-09-SD_NEW.pdf
Resolving Tenancy Disputes - Tenants' Union of Queensland Inc http://tuq.org.au/wp/wp-content/uploads/2009/12/Resolving-Tenancy-Disputes-SD_NEW.pdf
Information for tenants affected by
floods and cyclones in Queensland - Tenants' Union of Queensland Inc http://tuq.org.au/wp/wp-content/uploads/2012/01/Info-for-tenants-affected-by-floods-cyclones
Notice to remedy breach Form 11 -
Residential Tenancies Authority (RTA) Queensland www.rta.qld.gov.au/Resources/Forms/Forms-for-general-tenancies/Notice-to-
AS 4361.2 Lead - Guide To Lead Paint Management - Preventing Lead Poisoning In Australia Specifier Vol 7 Issue 2 www.lead.org.au/clp/AS4361.2.html
Lead Alert - The Six Step Guide To Painting Your Home - Fourth Edition Environment Australia http://www.environment.gov.au/system/files/resources/e9ddd00e-8914-4d57-8279-19b3d2616dee/files/leadpaint.pdf
Lead Safe Fact Sheet - Lead in Ceiling Dust LRC Publication Code LDE www.lead.org.au/fs/fst37.html
Lead Safe Fact Sheet - Lead, Your Health and the Environment LRC Publication Code LSE.
Parents Of Lead-Poisoned Children & Tenants [Case Studies from LEADLINE (previous name for Global Lead Advice and Support Service)] LANv3n4 Spring 1995 www.lead.org.au/lanv3n4/lanv3n4-7.html ; www.lead.org.au/lanv3n4/lanv3n4-8.html
Residential Tribunal Lead Paint Case: Fitness for Habitation - Reasons For Decision [EXTRACTS published in LEAD Action News vol 7 no 3, 1999] The LEAD Group www.lead.org.au/Lanv7n3/L73-17.html
Do-It-Yourself Lead Safe Test Kits The LEAD Group www.lead.org.au/clp/products/Lead_test_kit_ad_20111214.pdf
Developer Contaminates Neighbour's Property Lead Aware Times Vol 1 No 1 ISSN 1440-4966 www.lead.org.au/lat/lat005.html
Exempt, Complying and Integrated Developments" in "LEAD SAFETY TOOL KIT FOR [NEW SOUTH WALES] COUNCILS: A Tool Kit for making your community safe from lead" The LEAD Group Inc page 41 of 64 [pdf p 47 of 70] at www.lead.org.au/clp/toolkit.pdf
GUIDANCE NOTE FOR CEILING DUSTS
CONTAINING LEAD WorkCover Authority NSW www.workcover.nsw.gov.au/formspublications/publications/Documents/ceiling_dust
Insulation - installing ceiling insulation and your health and safety - Workplace Health and Safety Queensland www.deir.qld.gov.au/workplace/resources/pdfs/alert-insulation_installing.pdf
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