Meth House – Who’s Responsible?

Carl Brahe Inspection Perfection inc

Everyone knows that being involved in a property that has been used for meth can be trouble, but most people don’t understand what that means. Colorado laws provide explicit directions that must be followed and penalties including criminal prosecution for those who don’t follow the rules.

A property owner who uses, or makes, meth must reveal this fact to future buyers. Even if meth is made in small, user quantities the property is a clandestine drug lab according to the law. Subsequent buyers have three years to test for drug contamination. If contamination is found during this period the seller is liable for remediation of the property, payment for associated health problems and all legal fees. The same rules apply for relatives and renters. The owner is responsible, but homeowners insurance will sometimes offer help.

The only way for a property owner to be protected from liability, both monetary and criminal, is to have the property remediated as clandestine drug lab. When all the steps have been properly completed the qualified industrial hygienist issues a Decision Statement. If the Decision Statement is issued declaring the property safe for human occupancy, the owner is protected from future liability.

If a property has been identified as a drug lab by a law enforcement agency and the owner notified, the property becomes a public health hazard and must be demolished or remediated. The owner is the responsible party who must prevent entry and properly demolish and remove the structures or remediate the property. It is a crime to allow any unauthorized person to enter a known drug lab.

This applies to persons of trust such as real estate agents and banking entities as well as private property owners. A real estate agent showing a property that he/she knows has been used for meth production or use can be prosecuted for criminal charges.

The remediation process starts with a Preliminary Assessment prepared only by a qualified industrial hygienist. The Preliminary Assessment must be prepared in a specific manner with specific information. This document includes: descriptions of the property;, the contaminated areas; the manufacturing process along with chemicals used; where they were used; sampling procedures; as well as other required information.

Testing done with home test kits, by certified testers or home inspectors, can’t be used in substitution for any required testing or documentation. Using these tests for this purpose is fraudulent and may lead to criminal prosecution. Only the specific documentation required by the state and prepared by a qualified industrial hygienist will protect owners, real estate agents and lenders from liability and/or criminal prosecution. Any person who is not properly qualified who represents himself as a qualified industrial hygienist, or represents his testing as being in compliance with state laws is committing fraud and may be prosecuted accordingly.

After a Preliminary Assessment has been prepared by the industrial hygienist, the property must be remediated according to the directives of the report. If the property owner chooses to demolish the property, no Preliminary Assessment is required. After a property is remediated clearance testing must be done by an industrial hygienist who will issue a Decision Statement if the property is found to be safe for entry.

The Decision Statement is the document that protects the owner and those involved in the sale of the property from prosecution and liability. No other documentation can be substituted for the Decision Statement.

After a property has been identified as a clandestine drug lab it is illegal to remove any property without having it tested by the industrial hygienist. All property is assumed to be contaminated with toxic substances. Without clearance testing of every single item, each item must be disposed of as toxic waste. After they move into their new home, a subsequent buyer or renter of a contaminated property is likely to lose all use of their property until decontaminated or tested and cleared.

A buyer has three years to discover meth contamination and sue the seller and associated persons and entities for damages. Loss of health and property and legal fees give these suits the potential for huge damage awards. A contaminated property knowingly rented would also put the owner/manager in a position to be liable for damages regardless of if the property has been identified by law enforcement.

Involvement in a meth property is risky financially. Involvement in a meth property that has not been remediated and released to the letter of the law can lead to criminal charges as well as financial penalty. Meth contamination can have serious consequences for inhabitants, particularly children. The penalties of the law reflect the seriousness of the threat to future occupants health, financial security and general well-being. Damages can be tremendous and far reaching. So can the penalties of being involved in a meth property.

You can test yourself, or your children for meth that has been ingested from contact with contaminated surfaces. Saliva tests are accurate, easy to use, private and take only 5 minutes.

Do you have health problems from meth residue left by users or manufacturers? Find others HERE who are experiencing the same things. Tell your story anonymously to those who understand first hand.

EMAIL
Denver, CO Metro Area
303-816-5556

Serving You Since 2003