Paul Davis Tri-State Answers Your Questions
Effective April 22, 2010 federal law requires that if a homeowner is paying to have work done at their pre-1978 home that will disturb more than 6 SF of painted surfaces inside, or 20 SF of painted surfaces outside the following will apply:
- The property owner & tenants must be given the “Renovate Right” Brochure and sign that they have received it.
- An individual who has become a “Certified Renovator” must determine if there is lead-based paint. If the paint is not tested, then it is to be presumed that lead-based paint is present.
- If there is lead-based paint, or no test is performed, then an individual who is a Certified Renovator must oversee the portion of the work that deals with lead-based paint.
- Work must be performed in a lead-safe manner as prescribed by the EPA and be performed by Non-Certified, Trained Workers. (This involves setting up containment, wearing disposable coveralls and personal protective equipment, working in a way that will generate a minimum amount of dust, and obtaining a cleaning verification procedure…)
- NOTE: HUD properties have more stringent guidelines and also require a clearance exam that a certified renovator is not certified to perform.
Can I opt out of this and just have my work done the way it always used to be done?
Initially the EPA had an opt-out clause for those who met the criteria listed below. However, on May 6, 2010 the EPA published changes to the requirements. The changes went into effect on July 6, 2010, and Certified Renovators need to comply with the new requirements in 40 CFR 745. The “opt-out” clause has been eliminated. Owners can no longer sign a statement allowing Renovators to perform renovations in the owner’s pre 1978 residence without following lead safe work practices.
How will this affect my project if my house was built prior to 1978?
Just because a home was built prior to 1978, it does not necessarily mean that there is lead paint in the home. However, the law does state that it has to be tested, or if the test is not performed, then the renovator has to make the assumption that there is lead paint in the home and follow the required practices. If there is no lead paint, then this law will have little impact on your project. If there is lead paint, then the law mandates that lead-safe work practices are to be used to protect you and your family during the renovation. This will typically result in some increased cost and time needed to complete the work, but it significantly reduces risks of exposure to hazardous lead dust and chips.
What certifications must a contractor have to legally perform work in my home if there is lead paint?
The law requires that the firm doing the work is certified by the EPA. If the company has been certified by the EPA, then they will be able to provide you with a certification #. The law also requires a certified renovator to oversee the project, and that a certified renovator or non-certified trained worker performs the actual work.