Prior to 1978, lead was an additive in paints used in the residential and commercial construction industry. Consequently, residential housing stock built prior to 1978 was painted with lead-containing paint. The ingestion of lead paint dust and chips is a known potential health hazard to adults and children, but particularly to children 6 years old and younger. Pregnant women are vulnerable as well because of the potential of harm to the fetus if lead dust or chips is ingested.
To remedy a perceived problem, U.S. E.P.A. promulgated the Lead Paint Renovation, Repair and Painting Regulation. Effective in its amended form on April 22, 2010, the regulation requires contractors working on pre-1978 housing stock (single family homes as well as multiple unit housing) and child occupied facilities to be a “certified renovator,” engage in work practices that contain the spread of lead dust and chips during renovation, and educate clients by providing a pre-renovation pamphlet. The lead paint renovation repair and painting regulation applies to contractors of all types whose work disturbs lead based paint and who are compensated for their work. It applies not only to renovation contractors and painters, but to window and door installation contractors, electricians and plumbers and any contractor whose work disturbs painted surfaces.
The regulation applies to work which disturbs more than 6 square feet indoors and 20 square feet outdoors. There are no opt-out provisions. Even if the residence undergoing renovation does not house the targeted population, the regulations apply and the contractors must observe the work rules.
The new regulation increases the costs of renovation projects and exposes non-compliant contractors to legal liability. The increased costs range from EPA’s estimates of $8.00 to $167.00 per project to a private estimate of $500.00 to $1,000 for the remodeling of a kitchen, painting a couple of rooms or replacing several windows. While it is unclear what the full economic impact of the regulation will be, EPA’s Inspector General criticized its cost analysis in a July 25, 2012 report. The report noted that EPA’s cost analysis failed to use a statistically valid sample and failed to consider certain necssary costs which a contractor would incur. Thus, appears that the increased costs are closer to the private estimates than to EPA’s estimate.
Finally, the contractor who violates the regulations faces potential civil and criminal penalties, with fines up to $37,500 per violation. EPA is actively enforcing the regulation. It has fined, this year, a Maine rental property owner $10,000 for using power equipment improperly to remove paint from exterior surfaces of an 1850’s building, failing to train its workers properly and failing to apply for the proper certification. In another case, EPA fined a New Jersey window and siding company $1,500 for failure to follow the dust containment, waste disposal and training regulations. Likewise, it fined a Nebraska home repair company over $5,000 for failure to provide the homeowners with EPA’s approved lead hazard information booklet and to obtain the appropriate acknowledgment regarding the renovations.
So, if you are a contractor be certain that your employees are properly trained and that you are complying with the regulations. If you are a homeowner be prepared for higher renovation costs and longer renovation times.
Law Office of Paula Potoczak
218 N. Lee St., 3rd Floor
Alexandria, VA 22314