New EPA rules regarding renovation, repair and painting activities that disturb lead-based paint are now in affect and have been since April 22, 2010.  This applies to activities designed to update, maintain or modify buildings built before 1978 or Child Occupied facilities. Lead is especially dangerous to children under the age of 6.  Lead can affect children's brains and developing nervous systems.  Lead is also harmful to adults it can cause high blood pressure and lead can also be transferred to the fetus in pregnant women. Dust is the main problem and the most common way to get lead into the body. Common renovation activities like sanding, cutting and demolition can create lead dust and chips.

The new rules apply when your activities disturbs more than 6 square feet of interior surface  or 20 square feet of exterior surface.  There are exemptions: homes built in 1978 or later, homes built before 1978 certified to have lead-based paint hazard removed, housing for the elderly where no one under 6 resides, zero-bedroom dwellings (studio apartments, dormitories, etc.). The new rules will ALWAYS apply when replacing windows! There is currently an Opt-Out provision for certain qualifying owners. The Opt-Out is being challenged in court right now.

What does this mean to me if my property is not exempt?  If you are the owner/occupant you may do your own work and do not have to meet the new standards.  If you are the owner of a rental property, which you don't occupy, you will have to meet the new standards, even if you do the work yourself.  Painting, if you are not disturbing the surface (sanding, scrapping, etc.) is exempt from the new rules.

The new rules applies to renovation performed for compensation that disturbs lead-based paint, including the work of; contractors, painters, plumbers, carpenters and electricians, to name a few. The contractor/sub-contractor must be certified and follow strict new rules.  The contractor/sub-contractor must provide Pre-Renovation Education to you or your tenants. Set-Up Safe Work Areas. Inside: keep residents and pets out, remove furniture and belongings or cover with plastic, use plastic on the floor, seal vents and work area. Outside: mark off work area, cover ground and plants, close doors and windows, cover or move play areas. Minimize Dust by using safe practices including HEPA filter vacuum attachments on power tools. They must leave the work area clean; properly remove trash and debris, HEPA vacuum the area, wash and clean the area. The contractor/sub-contractor is responsible for maintaining records for 3 years. 

Contractors can be Certified by taking the required 8 hour class, which is available locally.  An organization can have only 1 certified person as long as they supervise the work.

If your property falls under the new rules; remember to ask the contractor/sub-contractor; If they are certified and provide proof.  Is the cost of compliance figured into their estimate or contract? How to they intend to meet the new requirements?  What are they going to do for final clean-up? If you are concerned enough or just want to be sure, you can always have testing done at your own expense. If you feel the contractor/sub-contractor is or was negligent in the duty to protect you or your family or tenants, you may make a complaint to the EPA.

Check the details for yourself at: www.epa.gov/lead/pubs/renovation