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New Lead-based Paint Rules
Tuesday, April 06, 2010
New Lead Based Paint Rules
Under new EPA regulations, beginning April 22, 2010 contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. The regulations address remodeling and renovation projects that disturb more than six square feet of painted surface inside or more than twenty square feet of painted surface outside.
The certification and work practice requirements do not apply when the contractor has obtained a signed statement from the owner that all of the following are met:
The renovation will occur in the owner's residence;
No child under age six resides in the dwelling;
No woman who is pregnant resides in the dwelling;
The dwelling is not a child occupied facility; and
The owner acknowledges that the contractor will not be required to use the work practices contained in the EPA's rule.
The EPA's rules DO NOT require that homes be tested for lead based paint, however, if the homeowner has a test conducted by a certified contractor, the results must be disclosed to a buyer or future tenant by way of the Lead Paint Disclosure form. If REALTORS or property managers are performing renovations or painting projects for compensation, then they are required to comply with the new EPA rule.
When referring a client to a contractor for renovation, repair or painting projects, it is your responsibility to notify the client that the contractor must be certified. If your client is performing renovation, repair, or painting work in their own home, EPA's new rule does not apply. REALTORS and property managers should make themselves aware of the requirements of this new rule. For more information, go to http://www.hud.gov/offices/lead/library/lead/sbcomplianceguide.pdf.
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