16 April 2010

New Rule: Renovation and Repair Involving Lead Based Paint

A new rule will go into effect this month requiring renovation and repair contractors to be EPA-certified to work with lead paint hazards if they will work on a residential property built before 1978 in which lead-based paint may be disturbed. HUD estimates that this could be as many as 35 million properties. The rule also applies to places where children under 6 spend large amounts of time, such as child care centers and schools. The certified contractor must provide the occupants (owner or tenant) with a new information booklet and must follow lead safe work practices.


There are several important exemptions to this rule:

1. Homeowner occupants or tenant occupants may do the work themselves without certification.
*Due to the potential hazards, EcoBrokers would recommend that these individuals be provided with the booklet mentioned below to avoid exposing the occupant families to lead hazard.
2. A residence where there are no children under 6 and no pregnant women as regular residents is a possible exemption.
3. If the area disturbed is less than 6 square feet indoors or 20 square feet outdoors, the project is exempt. Because lead paint was so prevalent on window frames in pre-1978 houses, window replacement on these homes is never exempt.
4. If a qualified lead test specialist certifies that no lead paint will be disturbed, the project is exempt.
5. There are a few additional less likely exemptions.


The required disclosure booklet is to be provided by the contractor, but you may wish to have it for your reference as well. You can get it at

http://www.epa.gov/opptintr/lead/pubs/renovaterightbrochure.pdf

(English) or http://www.epa.gov/opptintr/lead/pubs/renovaterightbrochuresp.pdf (Spanish). The EPA has also prepared a 17 minute film of information for Realtors - they appear to believe that all real estate brokerage professionals are members of the National Association of REALTORS®. That film is available to everyone at http://link.brightcove.com/services/player/bcpid25955667001?bctid=29590050001

Thank You Ecobroker.com for this update!


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