Effective April 22, 2024, we are relocating our Wilmington, Delaware office to the following New Castle location:

10 Corporate Circle, Suite 301
New Castle, DE 19720


Delaware Prevents Lead Poisoning

Delaware environmental lawyers report that DE passed a bill to help prevent lead poisoning.Recently, House Bill 456 made Delaware the first state to ban lead paint on outdoor structures, including water towers, bridges, playground equipment, and roads. Lead poisoning is serious and can have life-long consequences. There is no safe level of exposure and no way to reverse the effects of exposure. Exposure to lead can cause:

  • Behavioral and learning disabilities in children
  • Kidney damage
  • Reproductive issues
  • High blood pressure
  • Anemia

Anyone violating the ban of lead-based paint on outdoor fixtures in Delaware could face a fine of $10,000 per day of violation. Delaware’s ban on lead-based paint for outdoor structures comes after a two-year campaign initiated by a nurse and an environmentalist. Both women are residents of the state. Although this bill marks great progress, legislatures know there is still more to be done.

Lead Paint Removal

Currently, there are no regulations in place for the removal of pre-existing lead-based paint on outdoor structures. When lead paint is removed, dust and particles enter the air. This places workers, as well as residents, at risk of lead exposure through inhaling or ingesting the particles in the atmosphere.

The Environmental Protection Agency’s (EPA) Lead Renovation, Repair and Painting Rule protects the public from lead-based paint hazards associated with renovation or removal of lead-based paint indoors and on the outside of homes. Certain safety regulations currently include:

  • Removal by certified contractor
  • Clearly posted warning signs
  • Isolating the area to prevent dust and particles from traveling through the air
  • Waste removal regulations
  • Dry paint removal machines that include a vacuum attachment

Although this matter is hoped to be resolved sometime in July 2019, for now, Delaware still allows sandblasting to remove lead-based paint from outdoor structures.

Rental Inspections

The Consumer Product Safety Commission (CPSC) banned the use of lead-based paint for indoor use in 1978. Although pre-existing paint is subject to the stringent EPA regulations mentioned above, there are no mandatory inspections in place to inform renters that their rental home is lead-free.

Childhood Lead Poisoning Detection

The Centers for Disease Control and Prevention (CDC) recommend that healthcare agencies develop policies for childhood lead poisoning prevention. The recommendations include the following three prevention areas:

  • Primary prevention activities: Reducing risk of lead exposure before a child is born, specifically by avoiding moving into a home with lead-based paint.
  • Secondary prevention activities: Screening and reducing the effect of exposure with follow-up care.
  • Monitoring activities: Development of systems to monitor children’s levels of exposure, and sources of exposure.

Although House Bill 424 would have allowed for a second childhood lead exposure test at two years old, it was not approved. The state looks to 2019 for further advances in policies regarding risk detection and poisoning prevention.

Delaware Environmental Lawyers at Jacobs & Crumplar, P.A. Advocate for Victims of Toxic Exposure

If you were exposed to lead-based paint at work or your child was exposed to lead-based paint in your home, contact a Delaware environmental lawyer at Jacobs & Crumplar, P.A. Our dedicated attorneys can help obtain the financial resources you need to move forward. Call 302-656-5445 or complete our online form for a free case evaluation. From our offices in Wilmington and Georgetown, Delaware, we represent clients in Dover, Newcastle County, and Sussex County.