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What Should Homeowners Expect from the New EPA Green Lead Paint Laws (RRP) for Summer 2010?

Published May 07, 2010 by:

Amy Henderson

Changes for the Remodeling, Construction, Real Estate and Design Industry

What should homeowners expect from contractors? See Homeowner Checklist Below

May , 2010---As of April 22, 2010, the Environmental Protection Agency's Federal Renovation, Repair and Painting Program (RRP) is in effect as federal law. The EPA's new regulations on lead paint hold contractors responsible for following strict protocol to minimize and contain lead dust during home improvements on residences built before 1978. The EPA estimates 38 million homes and child occupied facilities contain lead paint. Federal loop holes were removed on April 28, 2010.

Nationwide, contractors and renovation professionals must take a certification course on lead paint inspection. Homeowners are responsible for making sure that they are hiring a certified contractor. The cost for certification and supplies for screening for lead paint falls on the contractors. Violations by contractors will cost contractors $37,500 per incident. Enforcement will be based on tips and complaints, a source of concern for activists, city officials and contractors.

Matt Lederer, owner of Chicago based Mahogany Builders is concerned about the enforcement of the law. "We applaud the EPA's effort to protect children and the environment. This is certainly a step in the right direction. However, there is no system in place to regulate the new laws. Given this lack of structure, we are concerned about how the EPA will monitor and enforce their mandate." In Illinois, regulations are contained at Title 40. Sec 745.Federal Regulations.

Homeowner Checklist

• Has your contractor taken the training to learn how to perform lead-safe work practices?

• Ask to see a certificate of training from the EPA or a state program that is EPA accredited **

• Tell the contractor the results of any prior lead tests.

• Ask the contractor what lead-safe methods will be used to perform the job. Get it in writing.

• Read the leads laws that apply to lead-safe work practices, Title 40, Part 745 of the Code of Federal Regulations.

• Ask the contractor to provide references from at least three recent jobs involving homes built before 1978.

• To make recordkeeping easier, offer them a printout of the EPA record keeping document: EPA lead recording RRP will increase home repair costs because the government is asking the industry to absorb the expense. "Mahogany Builders is in favor of the regulation. However, we are hoping for a truly level playing field," Lederer said. "Our concerns are about the enforcement and the monitoring. The new regulations are going to add significant costs to remodeling projects. Our biggest fear is that homeowners will opt to go to with cheaper contractors who will skirt the regulations."It is unclear whether the EPA has reached the real estate community in communicated RRP. In time, the industry will adjust to the change. However, the need to educate the public about this change is crucial.

Lederer said, "We are starting an evolution. The first phase of this evolution started when we took the lead out of the materials. Now the government is saying, 'Here are the next steps and regulations on how to deal with the lead and other toxins.' Ideally, businesses will evolve so that we can outsource this new function. Everyone agrees the health and environmental reasons behind it are worthy. What we question is how it will be regulated. Ultimately, this is a very, very good thing. But the cost and learning curve will be high."

Background Information

Lead poisons one million children per year across the country, according to the EPA. Household dust containing lead from old paint is believed to be the most common source of the poison. Children easily ingest the dust when putting their hands and fingers in their mouths which affects intelligence and their learning ability. The National Toxic Substances Control Act was passed in the '90s, -the legislative basis for the new rule - with the intent of eliminating lead poisoning by 2010.

The RRP Rule applies to tradesman who might disturb lead-painted surfaces through sanding, sawing, and demolition. This group encompasses repair workers, painters, carpenters, plumbers, electricians, heating & air conditioning installers, window installers, and maintenance workers, among others. Landlords and property managers are required to learn the new rules in order to make sure all RRP work on their properties meet the EPA standard.