Environmental Handout

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Environmental Handout ABC Real Estate Training Institute This handout is not to be used as a substitute for legal advice; it is a learning aid only.

1 Environmental Handout ABC Real Estate Training Institute This handout is not to be used as a substitute for legal advice; it is a learning aid only. Information contained may be out of date after the actual class date, or no longer relevant to a particular issue. Consult with Attorney s and licensed professionals for updates and verification of anything contained in this handout prior to using this information. Obtain actual copies of the laws and regulations and standards themselves for the most up to date details and facts. All rights reserved. The text in this handout and/or any part thereof may not be reproduced in any manner whatsoever without written permission from the publisher (ABC/RTI) in writing. 1

2 This handout is providing the basic outline of each topic discussed. The student Should take notes during this class. The student can obtain additional information if they choose by going to Massachusetts real-estate commission web sites. These sites can be accessed through links at abcrealestatetraining.com Additional recourses would be state specific web sites relative to the issue. During this class the student will learn the basics of general environmental issues typical to real estate. This information is meant to increase the students knowledge of the subjects discussed. It is not to be considered legal advice. Detailed environmental laws can be found on the EPA web sites as well as Massachusetts DEP web sites. Other detailed information can also be found on the state web sites such as the smoke detector laws. 2

3 What do you see on this picture that represents environmental issues. 3

4 Federal Environmental Laws 1970 EPA created 1970 caa 1972 cwa 1973 esa 1976 rcra (AUL) Activity and use limitations Are used to allow land to remain polluted if the use and activity of the property is limited by deed restriction. (PRP) is potentially responsible Party to property pollution liability AUL PRP 1980 cercla 1986 sara LSP (LSP) is a licensed site professional engineer qualified to perform land pollution evaluations. 4

5 Lead can be found in paint, water and gas. Lead was banned from gas and paint in 1978 And banned from lead in solder in

6 Children under the age of six are protected from lead paint laws. 6

7 Health Risks of Lead Very hazardous to children. Damages the brain and central nervous system; can cause decreased intelligence, reading and learning difficulties, behavioral problems, and hyperactivity. Damage can be irreversible, affecting children throughout their lives. Hazardous to pregnant women. Damage to the fetus. Also hazardous to workers and other adults. High blood pressure. Loss of sex drive and/or capability. Physical fatigue. Lead exposure causes permanent damage. 7

8 RRP law Federal 8

9 Lead was banned from solder in

10 All Real Estate agents, sellers and landlords Must disclose to buyers and tenants what they know about lead prior to the 1 st contract. 10

11 Massachusetts PROPERTY TRANSFER NOTIFICATION CERTIFICATION This form is to be signed by the prospective purchaser before signing a purchase and sale agreement of memorandum of agreement, or by the lessee-prospective purchaser before signing a lease with an option to purchase for residential property built before 1978, for compliance with federal and Massachusetts lead-based paint disclosure requirements. Required Federal Lead Warning Statement: Every purchaser of any interest in residential property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavior problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with information on lead-based paint hazards from risk assessments or inspections in the seller s possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection for lead-based paints is recommended prior to purchase. Seller s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) Seller has no knowledge of lead-based paint and/or lead paint hazards in the housing. (b) Records and reports available to the Seller (check (i) or (ii) below): (i) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (circle documents below). Lead Inspection Report; Risk Assessment Report; Letter of Interim Control; Letter of Compliance (ii) Seller has no reports or records pertaining to lead-based paint hazards in the housing. Purchaser s or Lessee Purchaser s Acknowledgement (initial) (c) Purchaser or lessee purchaser has received copies of all documents circled above. (d) Purchaser or lessee purchaser has received no documents. (e) Purchaser or lessee purchaser has received the Property Transfer Lead Paint Notification. (f) Purchaser or lessee has (check (i) or (ii) below: (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent Acknowledgement (initial) (g) Agent has informed the seller of the sellers obligations under federal and state law for lead-based paint disclosure and notification, and is aware of his/her responsibility to ensure compliance. (h) Agent has verbally informed purchaser or lesse-purchaser of the possible presence of dangerous levels of lead paint, plaste putty or other structural materials and his/her obligation to bring a property into compliance with the Massachusetts Lead Law either through deleading or interim control if it was built before 1978 and a child under six yrs old resides or will reside in the property. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date 11 Address of Property/Unit

12 Seller s Disclosure (Massachusetts) (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) Seller has no knowledge of lead-based paint and/or lead paint hazards in the housing. (a) Records and reports available to the Seller (check (i) or (ii) below): (i) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (circle documents below). Lead Inspection Report; Risk Assessment Report; Letter of Interim Control; Letter of Compliance (ii) Seller has no reports or records pertaining to lead-based paint hazards in the housing. Purchaser s or Lessee Purchaser s Acknowledgement (initial) (c) Purchaser or lessee purchaser has received copies of all documents circled above. (d) Purchaser or lessee purchaser has received no documents. (e) Purchaser or lessee purchaser has received the Property Transfer Lead Paint Notification. (f) Purchaser or lessee has (check (i) or (ii) below: (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. 12

13 Agent Acknowledgement (initial) (Massachusetts) (g) Agent has informed the seller of the sellers obligations under federal and state law for lead-based paint disclosure and notification, and is aware of his/her responsibility to ensure compliance. (h) Agent has verbally informed purchaser or lesse-purchaser of the possible presence of dangerous levels of lead paint, plaster, putty or other structural materials and his/her obligation to bring a property into compliance with the Massachusetts Lead Law either through deleading or interim control if it was built before 1978 and a child under six yrs old resides or will reside in the property. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. 13

14 must The Real estate agent must also tell the purchaser that if a child under 6 years old lives in the property the new owners MUST have the home brought under lead paint compliance with Massachusetts lead paint law within 90 days from closing. 14

Massachusetts Requires that prior to renting short term 31 days or less

15 Massachusetts law requires Tenant lead paint disclosure forms be given to tenants prior to renting property built before Massachusetts Requires that prior to renting short term 31 days or less housing built prior to 1978 those tenants must be given a short term vacation rental lead paint disclosure form. 15

16 Massachusetts title 5 law requires septic's be inspected prior to closing. 16

17 D- box Distribution box 17

18 18

19 Perk test 19

20 Asbestos Containing Material Cooling towers Flooring backing Pipe insulation Mastics (floor, ceiling tile) Heating and electrical ducts Acoustical plaster Electrical panel partitions Decorative plaster Electrical cloth Textured paints/coatings Electric wire insulation Ceiling tiles Chalkboards Caulking and putties Laboratory hoods/table tops Adhesives Laboratory gloves Wallboard Fire blankets Joint Compound Fire curtains Vinyl wall coverings Elevator equipment panels Spackling compounds Exterior siding shingles 20

21 Asbestos particles are microscopic and are barbed similar to fish hooks, When they enter your lungs they attach and over time you could Develop mesothelioma, lung cancer, stomach cancers, Heart Damage, etc. 21

22 Asbestos is a rock 22

23 Before removing of siding over asbestos siding you should contact the local health department for information on the proper procedures. 23

24 Asbestos causes lung cancer 24

25 Asbestos covered heating system most often has friable asbestos and needs to be handled by licensed asbestos companies.. Friable means that the asbestos will crumble under light pressure. 25

Vermiculite Asbestos The EPA states that all vermiculite contains Asbestos regardless what a laboratory test Shows. Cost to remediate is very expensive.

26 Vermiculite Asbestos The EPA states that all vermiculite contains Asbestos regardless what a laboratory test Shows. Cost to remediate is very expensive. We have seen prices from $5,000 to $50,000. Whenever you come across vermiculite always Contact a licensed asbestos company for their professional opinions. Vermiculite trust fund 26

27 In order to be eligible for reimbursement a claimant must be able to show: 1- That vermiculite is the Zonolite Brand. This is called the Product Identification (PID) requirement AND 2- How much was paid to have the vermiculite removed or contained. This is called the Expense Requirement. Assuming a claimant meets the PID and Expense Requirement he/she may receive a reimbursement contribution of up to 55% of the abatement costs with a maximum reimbursement amount of $4, For example, if a claimant spent $7,500 removing and replacing the insulation, he/she is potentially eligible for the maximum reimbursement of $4,125. If he/she spent $3,000 for abatement and re-insulation, the potential reimbursement is $1,650 (55% of $3,000). 27

28 Asbestos Management and Remediation Leave asbestos in place Encapsulate or contain asbestos Remove asbestos 28

29 Radon is found in granite counter tops. I have tested counter tops and Found radon levels higher in the kitchen than in the cellar. 29

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31 31

32 Radon test canisters have activated charcoal that absorb radon During the radon test. These canister's are placed in the house For two days and then sent to the lab for analysis. 32

Radon test vials have activated charcoal that absorb radon During the radon test. These canister's are placed in the house For two days and then sent to the lab for analysis.

33 Radon test vials have activated charcoal that absorb radon During the radon test. These canister's are placed in the house For two days and then sent to the lab for analysis. All radon testing needs to be started only after the entire house has been closed for a 12 hour equilibrium time prior to setting up. The devices are left in the house for at least 48 hours and then brought to the lab for analysis. All windows and doors must be closed for the entire testing time. 33

34 Radon continuous monitor The continues monitor is preferred by most real estate agents and buyers. We can have your results ed to the client within 48 hours from the Day we start the test. The other methods can take as long as 7 days to Get the results. The monitor test provides a more technical report, charts, graphs, data. 34

35 Continues monitor Test Report 35

36 Liquid Scintillation Vial test report 36

37 Alpha track long term test Electret test This test is left in the house For 6 months giving the client A long term analysis. 37

38 Radon remediation sub slab depressurization. Radon is pulled from below the slab and vented to the outside through a plastic vent pipe that has been installed in the floor and discharges above the roof line. 38

39 Radon sub slab system 39

40 Radon remediation system A little too short 40

41 Radon in Water 41

42 Radon in water remediation system Cost is approx. $4,000 to $6,000 dollars. 42

43 Radon in water test Massachusetts allows 10,000 Pico curies per liter 43

44 Brownfield Brownfields are contaminated properties that are eligible for government Assistance which creates incentive for investors to take on the renovations Of polluted buildings. Tax breaks, covenants not to sue from the EPA, easier Financing options etc. 44

45 45

Does the tank meet either Underwriters Laboratory 80 or 142 standards?

46 Great Questions about oil tanks 1. Are the tank and all portions of the system free from any leaks? 2. Does the tank meet either Underwriters Laboratory 80 or 142 standards? (Typically indicated by a sticker or stamped label) 3. Are the tank supports free from significant rust and corrosion? 4. Is the tank completely above the ground and at least 4 inches from any surface on all sides? 46

47 A. Is the tank set on a one-piece concrete pad or concrete floor? B. Are the tank legs installed with floor flanges or another type of "feet"? C. If outdoors, is the tank on the gable end of the building or otherwise protected from roof ice and snow damage? D. If outdoors, is the filter covered or otherwise adequately protected? E. Is the supply line continuously plastic coated copper from the tank to the furnace with no unions or splices? 47

48 As of September 2011 ALL Massachusetts oil tanks must Have a conduit of vinyl coating on the oil line or have an OSV oil safety valve installed. Look at this leaking Vinyl coated oil line Conduits OSV VALVE 48

49 This well head is too close to the ground And will contaminate. All well heads should Be above the ground enough to prevent Materials from surrounding cap causing Contamination in well. 49

50 Bedrock well is deep and the most Common well you will see. The deep Bedrock well is less likely to contaminate Than the shallow wells. Although the bedrock wells do have a greater chance at having a radon problem than the shallow wells. Bedrock well Water pump and tank Shallow well 50

51 Basic water test We recommend the Comprehensive water Test. The basic does not include radon, arsnic and several Other important items. 51

52 Comprehensive water test This test is well worth the Extra cost. Don t be cheep when it comes to the water you drink 52

Molds are organisms which are neither plant nor animal. They are part of the fungi kingdom. Unlike plants, molds do not get their energy from the sun through photosynthesis.

53 Molds are organisms which are neither plant nor animal. They are part of the fungi kingdom. Unlike plants, molds do not get their energy from the sun through photosynthesis. In fact the sun's ultraviolet light inhibits mold growth. Molds also digest or "eat" the material they are growing on. The role of mold is to break down decaying organic matter such as dead plants, leaves or dead animals. Mold Growth Indoors and Outdoors Outdoors, you can find mold growing in places like soil, wood, decaying plants and dead animals. Some places where mold likes to grow in the home include carpet, paper, clothes, leather, drywall, wood, insulation and food. And any part of the house if the area is wet and damp. Mold 53

54 Tape lift sample Mold sampling pump Swab sample 54

55 Some sheetrock has mold resistant additives which is perfect for bathrooms Mold starts to grow in 48 hours from the 1 st signs of moisture. 55

56 Dry ice blasting is a common form of remediation Chemicals are often used to clean mold. EPA does not recommend Bleach. 56

57 humidifier We don t recommend humidifiers on heating systems. They can add Moisture and mold growth in the duct work as well as possibly void the warrantee on the heat exchanger. 57

58 Electro Magnetic Waves Electro magnetic waves have been known to cause Eye cancer and blood cancer. If the client is concerned you Should recommend they contact the utility company and go To EPA web sites to learn more. 58

59 Electromagnetic Fields (EMFs) Devices that use, generate, or transmit electricity Electrical household appliances and power lines have become a public concern 59

60 Massachusetts carbon monoxide detector is called Nichols law 1996 Massachusetts carbon monoxide 2010 Massachusetts new smoke detector law 60

61 Massachusetts Carbon Monoxide detector law Since March 31, 2006, carbon monoxide alarms have been required in all residences that have either: fossil fuel burning equipment or an attached enclosed garage. This law applied to all such residences whether or not the residence is being sold or transferred. Install one on every level of the residence, including habitable portions of basements and attics and must be located within 10 feet of each bedroom door. Massachusetts Smoke detector law Install on every habitable level of the residence. On the ceiling at the base of each stairway. On the ceiling outside of each separate sleeping area. The smoke detectors may either be battery powered, hardwired or a combination of the two. If the smoke detector is located within 20 feet of a kitchen or bathroom (containing a bathtub or shower), the smoke detector will be required to be a photoelectric detector. If the smoke detector is outside of 20 feet of a kitchen or a bathroom (containing a bathtub or shower) you must utilize either: A dual detector (containing both ionization and photoelectric technologies); OR Two separate detectors (one photoelectric and one ionization) 61

62 Snow covered a heat exhaust Pipe causing the death of Nicole. High efficiency heating systems have plastic vent pipes that are discharged directly to the outside and can be obstructed. VERY Dangerous 62

63 formaldehyde foam insulation was used to insulate es in the 1970 and banned In Massachusetts in 1979 ederally in Real estate need to disclose this type ulation if they are aware of it. 63

64 Wetlands There are 3 primary wetlands 1.Costal 2.Inland 3.Bordering vegetated 64

65 Federal wetlands have buffer zones 100 feet from edge of wetlands. State and local communities can ha their own set backs. Always check your local and state wetlands office details and specifics. 65

66 Wetland areas must be protected by building walls along the protected areas Protected wetlands 66

67 Wetlands must be protected with hay bails and silt fences 67

68 SNAKEHEAD FISH This fish is from Asia and found to be in New England lakes and water bodies. Grows to Four feet, eats meet and lives out of water For 4 days OH BOY 68

69 The End Try not to get Eaten. Sponsored by ABC Real Estate Training institute ABC Home Inspection Inc. 69

21 Pleasant Street, Littleton, MA MASSACHUSETTS ASSOCIATION OF REALTORS

21 Pleasant Street, Littleton, MA MASSACHUSETTS ASSOCIATION OF REALTORS PROPERTY TRANSFER NOTIFICATION CERTIFICATION This form is to be signed by the prospective purchaser before signing a purchase and sale agreement or a memorandum of agreement, or by the lessee-prospective