Remodeling Just Got More Expensive
The EPA is now requiring that any contractor who is hired to do work in certain buildings built before 1978 is required to be trained, certified and registered in lead paint containment. This is called the Renovation, Repair and Painting Rule. This cost is added to overhead of doing business and passed on to the consumer.
Lead based paint was banned in 1978. The issue is primarily containment of chips of paint and dust for children 6 years old and under because of well documented health problems caused by lead.
Painting Your Own Home
If you are a homeowner performing renovation, repair, or painting work in your own home, EPA's RRP rule does not cover your project. EPA's lead program rules apply only to renovations performed for compensation; therefore, if you work on your own home, the rules do not apply.
If the surface to be painted is not disturbed by sanding, scraping, or other activities that may cause dust, the work is not considered renovation and EPA's lead program requirements do not apply.
However, you have the ultimate responsibility for the safety of your family or children in your care. If you are living in a pre-1978 home and planning to do painting or repairs, please read a copy of EPA's Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) lead hazard information pamphlet (20 pp, 3.3MB). You may also want to call the National Lead Information Center at 1-800-424-LEAD (5323) and ask for more information on how to work safely in a home with lead-based paint.
When You Hire A Contractor
Instead of listing all the possible ways an activity might be covered under this new ruling, I've included the official exclusions here.
What Housing or Activities Are Excluded and Not Subject to the Lead Paint Rule?
From the EPA Small Entity Compliance Guide for Lead Paint pamphlet
* Housing built in 1978 or later.
* Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there.
* Zero-bedroom dwellings (studio apartments, dormitories, etc.).
* Housing or components declared lead-free by a certified inspector or risk assessor.
* Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building.
Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.
* Is the project an emergency renovation? Emergency renovations are: 1. Activities that were not planned and if not immediately and/or property with significant damage. 2. Interim controls performed in response to an elevated blood lead level in a resident child.
If you are hiring a contractor and your project meets any one of these exclusions, the contractor is not required to have the lead paint certification. Your contractor, may, however, have you sign a waiver of liability to protect herself from potential legal action.
The EPA Small Entity Compliance Guide for Lead Paint pamphlet has also laid out these guidelines that must be written and signed if someone is going to hire a contractor who is not certified.
"Has the firm obtained a signed statement from the owner that:
1. The renovation will occur in the owner's residence
2. No child under age 6 resides there
3. No woman who is pregnant resides there
4. The housing is not a child-occupied facility; AND
5. Owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule".
Fines for contractors not complying to the new regulations, when applicable, are stiff. They can be up to $100,000 per incident if caught.
For more information, please visit the EPA's website at www.epa.gov/lead
