[MassHistPres] Lead paint and windows

[Ralph Slate]

At this week's Springfield Historical Commission meeting, we have two 
proposals for replacing windows with inappropriate vinyl windows because 
of to lead paint issues.

The argument of the first house is that they must replace the windows 
immediately due to the lead paint risk, and they can only afford the 
absolute cheapest option (vinyl, grids between the glass). The owners 
purchased the property 2 years ago. They have a six year old child 
living there, and plan on having additional children. They have 47 
windows, and they are claiming a cost of $39,748 to replace with vinyl 
grids between the glass ($845 per window), and a cost of $67,082 to do 
vinyl with fixed exterior grids ($1,427 per window). No cost of 
deleading and repairing existing windows has been supplied - does anyone 
have ballpark figures for this kind of action?

The second house is being offered for sale to a residential facility 
that houses pregnant women, so the same lead paint issue is being 
raised, though the situation is different because the new owners would 
have the issue.  An additional issue is that they are claiming to be 
required to have tempered/safety glass in all windows -- this is the 
first I've heard of such a requirement.  They are proposing to replace 
12 windows at a cost of $20,870 ($1,739 per window) for vinyl, or 
$30,850 done in wood ($2,570 per window). I believe these costs are 
higher because the current windows are made with curved glass. No cost 
for abatement on these windows has been provided either.

Does anyone have any experiences with such issues? Is there a legally 
defensible position here, especially in the case with young children 
already occupying the house? We do allow replacement windows as long as 
the new windows meet certain guidelines, the new windows must have fixed 
exterior grids, they must be in a dark color, and must be crafted like 
an original window with the sash sitting on the sill, and not sitting 
within a channel (like most vinyl windows).

Thanks,


Ralph Slate
Springfield Historical Commission