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CHAP opens the door (a crack) to the replacement of lead-paint windows

Windows in Baltimore historic neighborhoods that test positive for lead paint can be replaced, but only under stringent review

Above: A request to replace the windows of this 1840s mansion in Bolton Hill because of lead-paint hazards led to yesterday’s policy change.

The city’s preservation board voted yesterday to allow property owners to replace historic windows and doors containing lead-based paint, but only after the full board reviews and approves any changes.

Previously, property owners in historic districts could replace old windows and doors only if the wood features had deteriorated beyond repair. Otherwise, the Commission for Historical and Architectural Preservation (CHAP) required owners to scrap off the lead-based paint and preserve the original structure.

The new guidelines represent a compromise between child health advocates, who called on the commission to allow full replacement of exterior features that tested positive for lead paint, and preservationists, who argued that lead paint could be used as a justification by landlords to strip historic rowhouses of their originality.

Rules Cover Many Neighborhoods

In a unanimous vote, CHAP said that property owners could replace wood features determined to be lead paint hazards with matching wood (not vinyl or aluminum) products.

But replacement could only occur after the full commission reviewed and approved the matter. What’s more, CHAP restricted replacements to “accessible surfaces,” “impact surfaces” and “friction surfaces” such as window sashes that rub against each other, potentially releasing lead-dust particles.

The new guidelines – which will cover such historic districts as Mt. Vernon, Fells Point, Bolton Hill, Dickeyville, Sharp-Leadenhall, Jonestown and Mt. Washington – make the following distinctions:

“Special windows that are custom designed or crafted, or that represent a high degree of styling or detailing, warrant special care, and all reasonable efforts should be made to preserve them. Elements that were mass-produced, do not have distinguishing characteristics or that are easily replaceable may be considered for replacement if they are a lead-based paint hazard.”

Property owners who remove lead paint are currently required to follow state and federal laws. Contractors, for example, must be certified by the Maryland Department of the Environment and accredited by the EPA.

Homeowners and developers are eligible for various tax credits for restoring properties in CHAP districts.

Changing Rules

In recent years, the federal government has lowered the acceptable level of lead exposure while a Maryland court ruling removed a $17,000 liability cap for property owners who complied with lead reduction laws.

The number of poisonings from lead paint has dropped sharply in the 20 years after Maryland passed the lead laws. Since 2009, 714 poisonings were reported in Baltimore City, with most found in low-income rental properties and only 22 cases reported in historic districts covered by CHAP.

Even very low levels of lead exposure have been linked to various maladies in children, including low IQ, attention deficit disorder (ADD), aggressive behavior, and damage to the victim’s cardiovascular, immunological and endocrine systems.

The Brew wrote about the lead paint controversy here.

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