Tip of the Month – May 2010

Get the lead out!.......no, really, get the lead exposure out of your older home and child-occupied structures when remodeling.  This is the intent of the new law that took effect on Earth Day, 2010 (4/22/10).  This newest ruling by the EPA addresses the hazards created by disturbing lead-based paint.  Virtually any contractor that disturbs painted surfaces in “Target Housing” (homes or child-occupied structures, i.e. schools) built prior to 1978.  Some important facets of the new rule include:

• All contractors that disturb painted surfaces must become trained and certified as Lead Certified Renovators (this includes individual and company certification.  This certainly means painters but probably also includes roofers, drywall firms, remodelers, etc.
• Currently, contractors must distribute the 20-page EPA brochure titled “Renovate Right”. www.epa.gov/lead/pubs/renovaterightbrochure.pdf   (Editor’s note – this is going to freak a lot of people out….it requires a signature acknowledging receipt by the owners.)
• All painted surfaces impacted in “Target Housing” must either be assumed to be Lead-based Paint or tested.  (In California sampling can only be done by a DPH Certified Inspector Assessor or Sample Technician.  This means that painting contractors cannot self-test.)
• Contractors must use “lead-safe work practices”.  This will lead to additional cost to paint.
• If the area of paint to be disturbed, i.e. sanded, scraped or removed, is less than 6 square feet of interior painted surfaces or less than 20 square feet of exterior painted surface, this rule does not apply.  This exempts minor repairs and/or painting.

Frankly, there remains a number of questions that surround this new ruling.  For example, when is a home or structure considered built?  When it has a Certificate of Occupancy or when construction completed?  Are there acceptable levels of lead? 

It is safe to say that if your building was “built” prior to 1978 and you are contemplating any project that would disturb over 20 square feet of exterior surface (like scraping all of the fascia) it is imperative that you have the paint tested for lead.  If lead is found, it will dramatically affect the cost of that project.  For those of you who want to read up on the ruling, please visit www.epa.gov/lead/pubs/renovation.htm.

Thanks to Derek Russell of Patriot Environmental Laboratory Services for his invaluable assistance with this Tip of the Month.  Please feel free to contact him directly at drussell@patriotlab.com