It is now a Federal Law to be Certified for Lead Paint Removal

   I wrote about this before, but I wanted to remind everyone of the importance of this law. April 22, this year, was the effective date. Yes, there were some extensions due to lack of available certification classes, but all that is past us and we are all subject, right now, to this law and the stiff penalties associated with it.

   One of my reasons for this reiteration is that I recently looked at a property where a homeowner was rehabbing his house one room at a time. Much of the work had been completed, but I entered a room where the peeling paint told me immediately that it was lead based. What do I mean? Lead based paint has a tendency to peel in large pieces. It pulls down almost like wallpaper, coming off in small sheets.

   I warned the homeowner about the effects of lead dust and what he should be doing to protect himself and his family, but he seemed nonplussed. I was actually concerned for myself too, since the work he had already completed was not cleaned in accordance with the present law. This is an unsafe home.

   On April 22, an EPA law named the “Renovation, Repair, and Painting Rule” went into effect. Any contractor disturbing just 6 square feet of lead paint in any interior room, or 20 square feet outside while working on a pre 1978 residence, school, or daycare center is required to be Lead-Safe Certified.

   If you do this work and you’re not certified, it will result lawsuits and penalties. These penalties include a $37,500 fine for each violation, and/or up to 5 years in prison with a felony conviction.

   The rules get even tougher if the housing you’re working on is HUD or Section 8 related. In these, any contractor who disturbs 2 square feet of an interior room, 20 square feet of the exterior, or 10% of a component surface during work on a pre-1978 residence, must have everyone on the jobsite RRP certified.

   These rules don’t just affect the construction industry and individual trades, they also apply to apartment owners, condominiums, property management companies, all maintenance staff at daycare centers and schools, and Realtors.

   However crazy this may sound, these rules do not concern “zero” bedroom units such as: studio apartments, hotels/motels, hospitals, dorms, elderly and disability complexes.

   As the year progresses, the EPA will be more forceful about the penalties. The EPA has already fined companies for non-compliance of these new rules. What you must know above all else is:

1. Even a small amount of dust from renovations, repairs or painting can contaminate an entire home. If inhaled or swallowed, this dust can cause irreversible damage to children and adults.
2. Anyone who, for compensation, proposes to perform any renovation or repair in any pre-1978 house or child-occupied facility must now be an EPA Certified Renovator. Even an owner-occupant who plans to hire someone to help him do even small repair jobs must comply with the rule. The threshold for triggering these requirements is "disturbing more than six square feet" of any painted surface. If the residence receives federal assistance, stricter rules apply, as mentioned above.
3. Failure to obtain certification or to employ mandated "lead-safe" practices in target housing can lead to civil penalties of up to $37,500 per violation and up to five years in prison. Willful violations are subject to a doubling of the fines and penalties.

   Many contractors think, “I won’t get caught,” or “I’ll just go into bankruptcy if caught.” What you must remember is that these are “civil” penalties and “felony” convictions that will survive bankruptcy court and the closing of a business. This means that they attach to you personally!

   Although these rules don’t apply to every job, you are responsible for knowing which ones they do pertain to. If the rules apply, the contractor must be “Lead Safe Certified” to proceed with the work. This means successful completion of the 8 hour EPA course, “Lead Safety for Renovation, Repair, and Painting” from an accredited EPA training provider. 6 hours is class training and 2 hours is hands on training and demonstration. Part of this training will show you how to educate your client on what they have to do or not do, testing of the site to check if it applies to the rules, dust control, required and prohibited tools, record keeping, and cleaning of the site before occupancy.

   Are there any additional costs associated with this? Absolutely. Depending upon the size of the area being worked on, and whether it’s inside or outside, the costs will run between $100 and $500, not counting permits or the testing equipment.

   Always check with the building department before starting your project. It’s better to be safe than sorry. Good Luck!