The EPA delays enforcing the lead based paint removal law last Friday after months long efforts by members of the Senate. The U.S. Environmental Protection Agency delayed enforcement of its own rule targeting wood and paint repairs on homes built before 1978. Thank Goodness!
The new rules concerning wood repair on homes built before 1978 have Realtors, handymen and contractors as well as homeowners screaming! The Realtors are trying to find the contractors that have been able to take the 1 day course concerning the removal of the wood possibly covered by lead based paint. Most of the contractors I use had been unable to find any courses and our town did not have a lead based paint test kit available anywhere!
When I finally found a contractor/Realtor in my own office he explained that he was only 1 of 131 licensed contractors in the whole country that was able to teach the courses required for the lead based paint removal law coming into effect. He also did not agree with alot of the removal procedures shown in the EPA videos on how to remove the paint. "The video shown probably violated several OSHA rules he told me. " So contractors will still be able to do the repairs as previously as long as the required testing of areas don't show positive results. If the lead based paint test kit does not show a certain level then all repairs can proceed as previous to the new law. However, results of the test should be documented with the number on the test kit even if the results are negative. He told me that if there are several areas on the house needing repair then several areas should be tested for accurate results. I plan on making copies of all those tests and keeping them in my files.
As Realtors, we need to find these contractors prior to needing any repairs. Once the law is in effect a contractor could be charged up to $37,500 daily if in violation of doing the repairs wrong. The Senate did block the fines temporarily in a bipartisan vote in May and the EPA says that they will not enforce any fines now until Oct 1 for violations of the certification rule. The Senate feels that the implementation of the lead based paint rule was a total disaster. All contractors must be enrolled in a class by Sept 30 and must complete their training by Dec 31, 2010.
Be aware that we must inform our clients of this new law if their home is built prior to 1978. The wood repairs are going to be more costly if there are traces of the lead and even if there isn't any the contractor still has to purchase the test kits and document the results. If there is extensive repair needed that is visible I am going to suggest getting the area tested when we list the home. I think all clients are more comfortable without having surprises that are going to be costly! The llead based paint test kits are only about $6 each.
Small contractors are going to need HEPA filters on their vacuums and their saws, they are going to need to protect areas around the repairs with a minimum of 10ft of plastic drop and will need to build barriers to catch any lead based paint chips or scrapings. They will need to wear suits that are disposable while doing the repairs as well as masks. Obviously the contractors are going to have to pass some of these expenses along with higher repair costs.
All these rules are necessary for the protection of especially children who are at high risk for lead poisening so let us Realtors become as knowledgeable as our contractors in order to inform our clients ahead of time !
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