Friday, March 17, 2017

NH Developer/Landlord Agrees To Cough Up $90K In Deal With Federal Lead Paint Cops Over Alleged Violations Of Rules Regulating Renovations Of Pre-1978-Built Residential Property

From the U.S. Environmental Protection Agency (Boston, Massachusetts - Region 1):
  • The U.S. EPA finalized a settlement agreement with two N.H. companies for their alleged failure to follow lead-safe work practices and provide proper lead paint disclosure to tenants at a residential property in Manchester, N.H. The agreement ensures that Brady Sullivan Millworks II, LLC and Brady Sullivan Millworks IV, LLC (Brady Sullivan) of Manchester, N.H will comply with federal rules ensuring lead-safe work practices and proper disclosure of information pertaining to lead paint, thus protecting the health of building occupants.

    Under the terms of the agreement, Brady Sullivan will pay a penalty of $90,461 for its violations of the federal Real Estate Notification and Disclosure (Disclosure) and Renovation, Repair and Painting (RRP) Rules and will certify that it is currently in compliance with these Rules. These violations occurred at a four-story, historical mill building known as "The Lofts at Mill West" or "Mill West" located at 195 McGregor Street in Manchester.

    In May 2015, EPA performed a series of inspections at 195 McGregor Street following the referral of a complaint(1) about lead dust in the building resulting from sandblasting occurring on a lower, unoccupied floor received by the N.H. Dept. of Health and Human Services (NH DHHS).

    During the inspections, EPA observed dust and chipping paint throughout the interior common areas of the building (areas to which tenants continued to have access during renovation activities). At the time of the inspections, building residents included vulnerable populations like children and at least one pregnant woman.

    As part of the joint EPA and NH investigations, NH DHHS conducted dust-wipe sampling which confirmed levels of lead in the dust and in paint chips well above acceptable health-protective standards. Additional testing showed that there was dust containing levels of lead above the regulatory limit in numerous residential units on the third and fourth floors of the McGregor Street building.

    These inspections were part of an initiative by EPA to focus attention on high risk communities with the goal of reducing lead poisoning through education and compliance with federal lead laws.

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