NEW RULES FOR LEAD-SAFE REMODELING GO INTO EFFECT IN 2010
New rules for remodeling houses built before 1978 go into effect in April 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 costs $300 and includes an 8-hour course. Certification must be renewed every 5 years. You can find the required forms to become certified here.
At least one person in each firm needs to be trained and certified. A firm includes a sole proprietorship. Each job site must have one certified person present to ensure lead-safe work practices are followed. This includes training workers, setting up the containment system (for lead-dust collection), and supervising cleanup.
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. Owners or occupants must also be notified in writing of the scope of the work, the location of the work, and the expected start and end dates. Records must be kept for at least 3 years.
Testing of the various surfaces to be disturbed is also required through chemical spot testing, X-ray fluorescence, 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 remodeling or renovation in itself, it will be subject to the new regulations if the surface you are painting needs to be disturbed in any way (such as sanding, scraping, or other dust-causing actions).
Anyone disturbing the minimum areas in pre-1978 housing must follow these new rules; they don't apply only to certified contractors. If you work on your own rental property, these federal laws apply to you.
If you want to learn 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.
To learn more about the rules, read Eileen Franko's article here.
