Click here to return to IRED.com
Navigation Tabs


Mortgage Lenders Tools for Agents Consumer Services Ratings and Icons Descriptions USA Realty Directory International Realty Directory Add or Enhance a Link in the IRED Directories Advertising on IRED Information about IRED Site Map

Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


The Environment
Lieberman Archives
US Environmental Protection Agency


Attitude & News Home

Directories
  Int'l Realty
  US Realty



THE ENVIRONMENT
GoodBye To Residential Pressure Treated Wood
Stuart Lieberman, Esq.,

Europeans tend to delay introducing materials to the market place until they are proven to be safe.

We work the other way. We delay taking products off the market until they are proven, and proven again, to be unsafe. And many Americans have become ill because of this policy.

At least we won't have newly installed arsenic treated wood around any longer. And because I am not a huge arsenic fan, I am happy that this material is now banned.

As of this past January, the EPA has directed that this pressure treated lumber no longer be used for residential purposes. The EPA ordered this discontinuance in 2002, with the hope that the delayed implementation of the ban would allow manufacturers to come up with alternate materials.

I am sure a little lobbying persuaded lawmakers to wait a few years as well. But wait we did, and now the wicked witch is dead.

Groups had been complaining about pressure treated wood for some time. In response, industry officials asserted that there were no health problems. But they used to say the same thing about cigarettes.

Eliminating this material is a good idea. Since the 1940s, an arsenic mix called chromated copper arsenate has been placed into wood to stop the wood from rotting, becoming termite infested and to avoid other wood deterioration.

We have learned that the arsenic comes off the product, and can poison users. That may include children who become exposed to it in playgrounds. This wood had frequently been used in playgrounds.

At low levels, arsenic will make you feel as if you have a bad cold. It can give you stomach problems.

But. prolonged term exposure can really make people become ill. A lot of symptoms may develop, ranging from changes in skin color, to coma, to death.

What should you do? I think that if you have this material and if your family is exposed to it, you should consider replacing it. Arsenic poisoning is serious and there is no reason to take chances.

As a novel thought, perhaps you can file an insurance claim to pay for removal costs. I do not know what carriers will do, but I suggest that you at least try. Let's find out together!

If you are purchasing a home, ask your home inspector to determine whether this material is present. If so, you might want to make replacement a part of the real estate transaction. If not, you will be buying a problem that you may have to address later. I suggest pressing the seller a little to see if the seller will pay to remove, and perhaps replace the affected wood.

Also check out neighborhood playgrounds at schools and in the community. Governments should generally ensure that this material is being removed from public areas, most especially from public play areas. Children are always particularly at risk from toxic exposures.

Was this article helpful?    
The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


| IRED Home | Search IRED |


© 1995-2008 IRED.Com, Inc
All Rights Reserved