If You’re Not Certified, Lead Paint Could Cost You
Think lead paint doesn’t affect your business? Think again.
A new rule by the Environmental Protection Agency mandates that all renovation and repair contractors working in pre-1978 homes, schools, and day-care centers who disrupt more than six square feet of lead paint are required to become EPA Certified in lead-safe work practices. Contractors are required to take a one-day training course and firms must send a short application to the EPA. If not, they could face tens of thousands of dollars in fines in the future.
The rule went into effect in April, but contractors were having trouble finding enough training to get certified. As a result, EPA officials decided last month they would not begin enforcement until Oct. 1. NAHB officials applauded the decision.
“EPA listened to our concerns and did the right thing,” said NAHB chairman Bob Jones.
A spotlight shined on the issue in May after floods devastated parts of Tennessee, and there weren’t enough certified remodelers to complete much-needed home repairs. NAHB and its state home builders association proposed a delay in enforcing the rule -- a decision EPA consented to in its letter last month.
While remodelers, electricians, heating and air conditioning technicians and other contractors must adhere to lead-safe work practices, including special equipment filters and a ban on open flames, EPA will not take enforcement action against firms that have been unable to obtain certification until Oct. 1.
Individual contractors must apply to enroll in a training class by Sept. 30 and complete the training by Dec. 31.
“This rule potentially affects about 79 million homeowners. That’s how many homes were built before 1978, when lead paint was banned,” Jones said. “We need significantly more contractors certified than the 300,000 who have taken the training course, and we also need to make sure that affected homeowners understand the importance of hiring a certified contractor.”
Steve Owens, assistant Administrator of the EPA's Office of Prevention, Pesticides and Toxic Substances, said there is a simple reason for the new rule: protecting people’s health, especially children.
"Childhood lead poisoning is a preventable disease, and our goal is to eliminate it,” said Owens.
Many contractors think the issue of lead paint poisoning went away years ago, or that they are doing all that needs to be done to avoid it. But lead paint poisoning isn’t just about eating paint chips, and even contractors who think they are doing a good job may not be working in a lead-safe manner, the EPA said.
In fact, new research shows that contractors like plumbers, electricians, painters and window replacement experts can inadvertently expose children to harmful levels of lead from invisible dust disturbed during jobs they perform every day.
“The greatest risk is for young children living in homes during renovations,” said Owens. “One study found they were 30 percent more likely to have unsafe levels of lead in their blood than kids in homes where renovations were not occurring. So it’s very important that contractors learn how to work lead-safe and that families hire lead-safe certified contractors.”
So what exactly in the new rule? In summary, it has provisions covering:
• Mandatory Training and Certification: Beginning in April, firms working in pre-1978 homes needed to be certified, although enforcement has been delayed until Oct. 1.
• Work Practices: The new rule has provisions governing the responsibilities of the “Certified Renovator”, including the placement of warning signs, supervising the containment procedures for both interior and exterior jobs, and the rules governing the cleaning and waste removal procedures.
• Verification and Record Keeping: After cleanup is complete, the Certified Renovator must verify that the cleaning has met specified parameters and maintain a complete set of records on each project for no less than three years.
There are exceptions, however. The work practices cited above may be waived under the following conditions:
• The dwelling was constructed after 1978.
• The repairs are minor, with interior work disturbing less than six square feet or exteriors disturbing less than 20 square feet being exempt.
• The homeowner may also opt out by signing a waiver if there are no children under age six frequently visiting the property, no one in the home is pregnant, or the property is not a child-occupied facility.
• If the house or components test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator.
More information on the rule can be found in a special section on the NAHB's website.
