NEW EPA RULE OF APRIL 2010 HAS SIGNIFICANT CIVIL, MONITARY, CRIMINAL FINES & PENALTIES FOR RENOVATORS & LANDLORDS!

Many real estate agents across the country deal with folks buying property that needs to undergo renovation or for investment as a rental property. All owners and landlords of property built before 1978 need to be aware of this new law that goes into effect on April 2010 and the disclosure requirements.

This new rule applies to paid contractors, home improvement contractors, painters, maintenance workers, and other specialty trades working in pre-1978 housing. The rule applies to public or commercial buildings where children under the age of six are present on a regular basis, as well as ALL rental housing. The rule applies to renovation, repair or painting activities. It does not apply to minor maintenance or repair activity that affect less than 6 square feet of lead base paint in a room or less than 20 square feet on the exterior. Window replacement is not minor maintenance or repair, per the rule. (Michigan Law is 2 sq ft of interior; 10 sq ft exterior)

The new rule, issued under the authority of section 402(c) (3) of the Toxic Substances Control Act (TSCA), requires that renovators are trained in the use of lead safe work practices, that renovators and firms be certified, that providers of renovation training be accredited, and that renovators follow specific work practice standards.

The rule does not apply to:

Minor repair and maintenance activities that disrupt less than 6 sq ft or less of painted surface per room for interior projects, or less than 20 sq ft or less of painted surfaces for exterior projects;

Renovations where it is determined the renovation will not involve lead base paint.

The determination that the components affected by renovation are free of lead-based paint can be made by a certified inspector or risk assessor, or by a certified renovator, using an EPA recognized test kit.

Owner-occupied housing where the owner is performing his or her own renovation work.

The new rule requires that a 7-day advanced delivery of the Lead Pamphlet via mail (need documentation with certificate of mailing from the post office), or otherwise you may deliver the pamphlet anytime before the renovation begins. Note, however, the renovation must begin within 60 days of the date that the pamphlet is delivered. Documentation of compliance is required. Confirmation of receipt of the lead pamphlet or self-certification is required.

NOTE: Contact your state for any additional requirements.

MORE INFORMATION & RESOURCES CAN BE FOUND AT:

Publicly available docket materials are available electronically at www.regulations.gov

The new rule can be accessed at www.epa.gov/lead

Lead Awareness Program Booklet: http://www.epa.gov/lead/pubs/interiorfinal2.pdf