Lead-based Paint Laws
Effective April 22, 2010, the Environmental Protection Agency (EPA) is requiring certification and the use of lead-safe work practices for all contractors and property owners conducting renovations, repairs, or preparation of surfaces that disturb lead-based paint in homes, child care facilities, and schools built before 1978. There are certain exceptions to the new requirement which you can learn more about by reading through the April 22, 2008 EPA rule requiring the use of lead-safe practices. However, on May 6th the EPA published new changes in the Federal Register which eliminates the “opt-out” provision that existed in the rule. The new changes will take effect on July 6th of 2010. The fine for failure to follow the lead-safe work practices is up to $37,500 a day. For more information, take a look at the PowerPoint Presentation and the Q&A Session that was provided during the April 21, 2010 NARPM® e-chapter meeting with a guest speaker from the EPA. Please keep in mind that this presentation was put together prior to the recent “opt-out” changes that were made.
These new rules may change your disclosure requirements for pre-1978 homes. NARPM® is currently working to obtain clarification from the EPA and will provide you more information as soon as possible. Until then, we encourage you use the EPA’s toll-free number for any specific questions about compliance issues, they may be contacted at 1(800) 424-LEAD .
NARPM® members should also check their individual states for any laws or regulations affecting lead-based paint procedures. The EPA has the authority to authorize states, tribes and territories to administer their own program that would operate in lieu of the EPA regulations. As of April 23, 2010 the following states have been authorized by the EPA: Iowa, Kansas, Mississippi, North Carolina, Rhode Island, Utah, and Wisconsin.
According to the Centers for Disease Control and Prevention (CDC), lead is a highly toxic metal that at one time was an ingredient in many household products, including lead-based paints manufactured before 1978. Children with high levels of lead in their bodies can suffer from damage to the brain and nervous system, behavior and learning problems, slowed growth, hearing problems, and headaches. The primary source of lead exposure among U.S. children is the lead-based paint and lead-contaminated dust and soil found in and around old, deteriorating buildings. The CDC has put together a website to educate Americans about the effects of lead poisoning and how to help prevent it. The website provides podcasts you can listen to, state-by-state statistical information, and links to important lead recalls.
Lead-based Paint Resources
- Renovate Right Brochure
Important lead hazard information for families, child care providers and schools.
- Renovate Right Brochure (en español)
- EPA Lead Safe Certification Program
Information geared towards property managers.
- Accredited Renovation Training Programs
Search for lead-based paint training locations in your area.
- Lead Certified Renovation Firms
Search for certified firms in your area.
- EPA publishes rule changes that remove the “opt-out” provision 5-6-10
The new change goes into effect on July 6, 2010. This publication in the Federal Register provides additional details.
- EPA Press Release 4-23-10
An update on their activities and information on new changes.
- New EPA Lead Paint Webpage (dedicated to property managers; 8-4-10)
- New EPA Lead Paint handout for Property Managers (8-4-10)