OUCH! This new lead based paint law has some serious bite, but is there a way around it for Realtors?

 

 

There's a new law the real estate industry needs to be aware of, and it has a HUGE bite to it! $32,500 fines (and that's even for the first offense), licenses revoked and suspended, lawsuits, neighborhood watchdogs on the prowl, OUCH! We are not talking about slaps on the wrist. You think the EPA is serious when they passed the new law concerning renovations on pre-1978 properties which took effect on April 22, 2010? How does this affect the real estate industry including Realtors, buyers, sellers, investors, homeowners, contractors, etc.?

Well, in case you have not heard, the EPA is now enforcing a new law concerning the renovation, repair, and disturbance of properties with potential lead based paint (pre-1978 houses). There are specifics to the law you can find on the EPA site, but basically, the law requires that anyone compensated for repair or renovation on pre-1978 houses needs to be a certified lead based paint renovator. Bristol Restoration went through the certification courses earlier this month. We did not think twice about getting the certification. It's a $32,500 fine if we are hired to work on a pre-1978 house and are not certified. Not only do we avoid the fine, but in reality, the procedures now required to renovate lead based paint surfaces correctly are in the best interest of the public.

Why pass the law? Apparently, the EPA feels lead is extremely harmful and wants to assure public safety in this matter. You think $32,500 fine is a random number? The EPA spun the Price is Right wheel and it landed on $32,500? The EPA is serious about this one. The EPA backs up their concern in detail on their website about the health effects of lead. Read the rest of this article, then check out the links below if you want more background on lead.

Facts about lead

Health effects of lead

Where lead is found

Where lead is likely to be a hazard

How to check your family and home for lead

What you can do to protect your family

Are you planning to buy or rent a home built before 1978?

Renovating, repairing or painting a home, child care facility or school with lead-based paint

Other EPA pamphlets on lead

Real estate "professionals" are already finding ways around the law. I actually heard a Broker at a meeting tell her agents to inform their clients that they are free from liability if they are not "compensating" anyone for the work. In other words, "pay someone under the table" or "do it yourself" (head turned to the side). Ummm, excuse me. Really? Keep in mind, we are talking about renovation (windows, structural repairs, etc). What percentage of homeowners are qualified to do their own work? Also, the homeowner is STILL liable and responsible to prove that the house is free from lead with an acceptable test. How easy is it to pass if procedures are not followed precisely? Why would a licensed contractor, a fully qualified construction specialist, be mandated by law to attend classes and training on how to properly repair lead based paint surfaces, but a homeowner who's training consists of "move that truck" and "design on a dime" be trusted to provide a safe working environment and acceptable workmanship that meets all safety and code guidelines?

Why are people trying to find ways around the law? The same reason why people would hire an unlicensed handyman. Money. It costs more to renovate under the strict guidelines set forth by the EPA in regards to lead based paint. The lead area has to be contained under very specific procedures and materials have to be disposed of properly. It simply costs more, and there is really no way around that.... unless, you "hire" someone not certified to do the work and they do the repair not according to proper procedures.

Is there a legal way around the necessity in hiring a certified renovator? Yes, perform a test on your house and check levels of lead prior to the renovation. Areas where you will most likely find lead will be around windows and doors. If you don't have elevated levels, then that information can be disclosed to the buyers and might help in marketing the house. BUT, if the house does have elevated levels, full disclosure is still required and proper renovation procedures (if performed) must be adhered to.

We should all do our job by doing the right thing when having work performed on homes with lead based paint. There are serious ramifications for skirting the law, both ethically and legally.

Want more info: Here are some good videos for Realtors put together by the EPA.

If you have any questions about lead based paint renovations, call us directly at 866.755.8169 or visit our site at bristolrestoration.com. Will be happy to talk with you!