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New Lead Paint Law – Handbook for Contractors

By Todd Fratzel on Painting and Finishing, Safety

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Small Entity Compliance Guide to Renovate Right EPA’s Lead-Based Paint Renovation, Repair, and Painting Program

The EPA’s new Lead Paint Law takes effect on April 22, 2010 and there seems to be more questions than answers especially from small business owners. Many of the smaller contractors have questions about Contractor Lead Paint Certification, waivers, personnel training  and costs associated with this new law.

The EPA has created a publication to help educate small businesses about the new Lead Paint Law. The handbook for contractors is full of information about the new law including;

• Firm Certification
• Employee Training
• Customer Orientation / Notification
• Exempt Projects
• Record Keeping

Projects & Contractors Effected By New Lead Law

According to the EPA’s publication, anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978 are subject to the new law. This may include, but is not limited to:

• Residential rental property owners/managers
• General contractors
• Special trade contractors, including: Painters, Plumbers, Carpenters and Electricians

Construction Activities Excluded From New Lead Law

The publication also points out some construction activities that are excluded from the new law including:

• Housing built in 1978 or later.
• Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there.
• Zero-bedroom dwellings (studio apartments, dormitories, etc.).
• Housing or components declared lead-free by a certified inspector or risk assessor.
• Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building.
• Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.

Obtaining Lead Paint Removal Waivers

UPDATE: 4/14/10 – The waiver is no longer allowed by the EPA (ref). Please disregard the information below.

Several people have been asking about getting customers to sign a waiver. Currently the EPA will allow a waiver under certain circumstances. The training, certification, and work practice requirements do not apply where the firm obtained a signed statement from the owner that all of the following are met:

• The renovation will occur in the owner’s residence;
• No child under age 6 resides there;
• No woman who is pregnant resides there;
• The housing is not a child-occupied facility; and
• The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.

It should be noted that there doesn’t appear to be a specific form available to download. As with anything of this nature it’s probably best that you consult with legal counsel about what type of form to use that will protect you against a lawsuit years later.