(Safely) Getting The Lead Out

Starting this year home remodelers will face stricter new rules by the federal government when it comes to remodeling homes with lead based paint. Essentially every home built prior to 1978 will be affected by the rules set forward by the Environmental Protection Agency or EPA.

These new rules now specify notification and work practices for renovations and repairs in all privately owned housing built prior to 1978, except elderly and housing for the disabled and 0 bedroom units.

The new rules require that substantial repair and renovation be done by trained and EPA certified renovators in pre-1978 housing where children under 6 and pregnant women are present and where renovation work is done by paid contractors who will disturb surfaces with lead-based paint. Homeowners doing work on their own homes are exempt. Landlords, who use their own workers on any rental property, including one and two family houses, are included.

Both interior and exterior work is regulated. However minor repairs where a surface of less than 6 square feet on 20 square feet, is exempt. Window replacement is considered a substantial repair.

Surfaces that are free of lead-based paint are exempt from the rule. However the new rules provide for a new method of determining whether a surface has lead-based paint, even though no available test kits that meet EPA standards. EPA believes they will be available by April 2010 when that portion of rules goes into effect. Until then, EPA will allow use of currently available lead testing kits

The rule prohibits the use of dust generating techniques, including the use of open flame burning or torching, power sanding, grinding, planing and sandblasting unless such machines have a HEPA exhaust control.

EPA has created a new category of trained personnel called certified renovators who must be trained and certified and who supervise all lead work. They will work for certified renovation firms, who are responsible for insuring that all requirements are met.

Work areas must be enclosed in plastic. Objects within the work area must either be removed or sealed in plastic. Modified procedures apply to the exteriors of buildings.

The most dramatic change in these rules is clean up verification.

First the certified renovator must visually confirm that all dust and debris has been cleaned up and then conduct the white glove test by wiping a wet commercial cleaning cloth across the wall or window surface. The cloth surface is then compared to a cleaning verification card. If the cloth is lighter than the verification card, then the surface has passed clearance. If it is darker than the card, than the surface must be re-cleaned and the white glove test performed again.

The renovation firm must keep records as well as keep track of the various notifications required by the new rules. After December 22, 2008 renovators must provide EPA’s new pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. This replaces a pamphlet currently in use by renovators and Realtors. While some of the rules are now in effect, the full effects of the EPA rules will not occur until April 2010. Courtesy Citizens Housing and Planning Council of New York. (Corrected August 07 2008)