As of April 22, 2010, the U.S. Environmental Protection Agency (EPA) has passed a new rule for renovations concerning lead-based paint, reinforcing the "Renovate Right" campaign featured in an agency pamphlet from 2008. These new rules apply to anyone who is paid to perform renovations that may disturb paint in any facility or home that was built before 1978 (a year also famous for producing me :]).
The new rule stipulates that the EPA must certify companies, or anyone who is PAID (this includes landlords and employees of property management firms), who perform the renovations. Workers must be adequately trained and are required to maintain lead-safe work practices. For example, all dust or debris created during renovations must be kept contained, cannot leave the workspace, and a thorough cleanup must be done to reduce exposure to any hazards that could result from the lead-based paint. Any work that may disturb lead-based paint in pre-1978 facilities or homes is subject to the new rule. This includes remodeling and repair (such as replacing windows), electrical work, plumbing, and painting, if sanding is involved.
Those who own renovation companies, owners of homes built before 1978, or investors who renovate homes to re-sell them should all pay very close attention to the law. The consequences for not abiding by the new rules are would be felt by any size pocket book. The EPA Small Entity Compliance Guide to Renovate Right states,
"EPA uses a variety of methods to determine whether businesses are complying, including inspecting work sites, reviewing records and reports, and responding to citizen tips and complaints. Under TSCA, EPA (or a state, if this program has been delegated to it) may file an enforcement action against violators seeking penalties of up to $32,500 per violation, per day. The proposed penalty in a given case will depend on many factors, including the number, length, and severity of the violations, the economic benefit obtained by the violator, and its ability to pay. EPA has policies in place to ensure penalties are calculated fairly. These policies are available to the public. In addition, any company charged with a violation has the right to contest EPA's allegations and proposed penalty before an impartial judge or jury."
The only exception to the rule is if you are the homeowner and decide to do the work yourself, meaning NO OUTSIDE HIRED HELP. Even then, I would highly suggest going to EPA's website at www.epa.gov/lead and educating yourself on the procedures, warnings, and precautions before diving into the renovations. It's always wise to perform thorough research and familiarize yourself with the potential dangers of any project before getting started.
What are your thoughts on the new rule? Is it just more government intrusion or a much-needed safety precaution? I'd love to hear your thoughts...
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