NEW RULES FOR LEAD-SAFE REMODELING GO INTO EFFECT IN 2010

Posted by Tristan R. Pettit, Esq. in AASEW, Lead-Based Paint, Remodeling / Renovation / Comments

New rules for remodeling of houses built before 1978 go into effect in April of 2010.  As of April 22, 2010 any person or business that disturbs more than 6 square feet of interior surface that may contain lead-based paint or more than 20 square feet of exterior surface that may contain lead-based paint will be subject to the EPA's 2008 Lead Renovation, Repair and Painting Rule.

In the past a person or business did not need to comply with the EPA's lead paint rules as long as they were not engaged in "abating" or "eliminating" lead based paint surfaces.  That has now changed.  In the near future if you are working on pre-1978 homes or child occupied business (like day care centers or schools) you will need to be registered with the EPA and take certified lead-safety training.

Certification will cost $300 and includes attending an 8 hour course.  Certification must be renewed every 5 years.  The required forms to become certified may be found here.

At least one person in each firm needs to be trained and certified.  A firm is defined as including a sole proprietorship.  On each job site there must be one certified person present to ensure that the lead-safe work practices are followed.  This includes training the workers, setting up the containment system (for the lead-dust collection) and for supervising the clean up.

Following the new federal rules will also include distributing the new lead-safe remodeling pamphlet to owners and occupants and obtaining their signatures verifying that they received the pamphlet.  It will also be required that the owners or occupants are notified in writing of the scope of the work, the location of the work and the expected start and end dates for the work.  Records will need to be kept for at least 3 years.

Testing of the various surfaces that are to be disturbed is also required via chemical spot testing, x-ray fluoresence, and lab analysis.

The keys to abiding by the new rules will include: (1) isolating the job area, (2) managing the dust, and (3) keeping the area clean.

Is painting considered to be remodeling?  This is the question on many landlords' minds.  While painting isn't considered to be remodeling or renovation in itself, painting will be subject to the new regulations if the surface that you are painting will need to be disturbed in any way (such as through sanding, scraping or any other dust causing actions).

These new rules will need to be followed by anyone that is disturbing the minimum areas in pre-1978 housing -- it does not just apply to certified contractors -- if you are doing work on your own rental property, these federal laws will apply to you.

If you are interested in learning more about these new lead-safe remodeling rules please attend the Apartment Association of Southeastern Wisconsin's June membership meeting on June 15, 2009 at 7 pm.  You can find additional information here.

If you would like to learn additional information on the rules you should read Eileen Franko's article here.