New Lead Paint Law

Federal Lead Paint Laws Tough on Contractors

Federal regulations designed to eliminate childhood lead poisoning go into effect this month. The change brings strict new requirements for building contractors, property owners, renovators and a host of others who work with lead paint.

The new law applies to replacing any window. (Photo by Nancy Eve Cohen)

While health advocates call the regulations long overdue, some contractors say the cost to comply is way too high. As part of a collaboration with Northeast stations, New Hampshire Public Radio’s Amy Quinton reports.

At the New Hampshire Homebuilders Association, contractors are spreading large sheets of plastic over the floor.

“Let’s get our plastic over here. How far up on this wall are we going to lay our tape or our plastic?”

That’s New Hampshire state lead inspector Charles Hillsgrove.  He’s explaining to contractors how to lay protective sheets down during renovation jobs.  Hillsgrove is one of the instructors for a lead paint certification course for contractors.

“What we’re trying to teach them is how to contain their workspace so that no dust gets on the floor in people’s homes, how do you keep the dust in this one room.”

It’s lead dust that poisons most children. In New Hampshire 150 children each year are poisoned by lead, a third of them following a home renovation. In Massachusetts more than 800 children are poisoned every year and in New York  it’s as high as 1500 children.

Kate Kirkwood, who teaches lead certification courses, made that point clear to contractors in a recent class in New Hampshire.

“If we know that the dust we make is toxic, and we’re not trained to do what we should do with it to clean it up afterwards, we walk away, and kids get sick.”

Under the new law, the Environmental Protection Agency will require contractors to take precautions and get certified or potentially face a fine of up to $37,500 per occurrence per day. That may sound steep, but James Bryson, with EPA New England, says the costs are not excessive.

“If you’re not doing this, you’re not protecting your work area, then you could have a child that could be lead poisoned and that’s something we don’t want, no cost is too high for that.”

The law applies to anyone who accepts payment for work in buildings constructed before 1978, the year when lead paint was banned. It applies to any job that disturbs more than six square feet of space, and includes any window replacement.
The EPA estimates that 236,000 renovators nationwide need to get training. But Kirkwood says it’s likely many more. And she says there aren’t enough trainers.

“Last time I checked there were fewet than 100 trainers nationwide. In the state of Maine, they told me they thought there were 16,000 contractors that needed to be trained, and we’ve trained about 600 so far.”

Charles Freiberger, makes homes handicap accessible in New Hampshire. He says he found out about the new certification requirements by chance recently at a home show.

“Most contractors have no clue, I’ll bet probably between 80 and 90% of contractors aren’t even aware of this rule.” But the lack of awareness isn’t the main problem for contractors. It’s the cost.

Companies or individuals who do work have to pay a $300 registration fee with the EPA, on top of taking a $200 certification course. Then there are added costs for protective plastics and vacuums.

Len Perkins with C.P. Property Restorers in New Hampshire says it’s a good rule, but comes at the wrong time. And he says the fines for not complying could put a small company out of business.

“We’re looking at an economy right now with a saturation of contractors. The government is not realizing what these costs and expenses are going to do to a populace that’s already suffering heavily because of the present economy.”

States have the option of enforcing the new regulations on contractors for the EPA and make them even stricter. So far, no states in the Northeast have taken that on.

Read more on WNPR Connecticut Public Radio

The Changing Face of Lead Abatement Regulations

Facility managers: put April 2010 on your calendar. In April 2010, the Environmental Protection Agency (EPA) will require all contractors whose renovation work disturbs lead-based paint in certain pre-1978 structures to be properly certified. The structures to which this ruling applies include homes child care facilities and schools.

This ruling completes a long series of changes which have marked the regulated abatement of lead-based paints in the United States. Since the EPA banned the use of lead-based paints entirely in 1978, the agency has been charged with various tasks, which have been carried out through changes in lead abatement regulations.

Before 1992, little organized action was made at the national level to actively reduce the amount of lead-based paint in the Untied States. In 1992, the EPA reacted to a congressional study showing the prevalence of low level lead poisoning in America.

The new lead abatement regulation was the Residential Lead-Based Paint Hazard Reduction Act of 1992, which targeted lead in homes and rental properties. In 1996, home owners, including landlords were required to notify buyers and tenants of the presence of lead-based paint. Additional rules added in 2000 provided regulation for the disposal of lead based paint, and in 2001 a set of hazard standards were put in place.

New Regulations, New Lead Abatement Fees

Until recently, the EPA has abstained from leveling federal fees for lead abatement certification programs. In 2008, the EPA suggested new regulations that would establish a fee schedule to help defray the costs of a nationwide lead abatement program.

Here are the current fee estimates the EPA is considering. These estimates are taken from the EPA’s proposed rule for abatement certification fees which can be found here.

• Accreditation for Initial Training Course $730

• Accreditation for Refresher Training Course $550

• Re-accreditation for Initial Training Course $480

• Re-accreditation for Refresher Training Course $430

• Initial firm certification $410

• Firm re-certification $410

• Individual certification $410

• Individual re-certification $410

These new lead abatement regulations for additional fees are applicable to those states and territories which do not have a federally approved state lead abatement certification system. Currently those states are Alaska, Idaho, Montana, Wyoming, Nevada, Arizona, New Mexico, Florida, South Carolina and New York.

Although the EPA has shown signs of keeping these fees low to encourage compliance, the agency has published estimates of the fee schedule that more closely mirror current lead abatement certification pricing trends. If that fee schedule were to be enacted—an unlikely event—the costs for accreditation would almost triple.

Lead Abatement Regulation: Future Trends

As more complete studies become available about the effects of very tiny amounts of lead, the possibility exists that the EPA may tighten guidelines for lead-based paint in the future. However, such a move would take years to come to fruition, and so far, major action by the EPA has been restricted to bringing compliance up to established levels.

EPA Creates a mess with lead-based paint

EPA makes a mess with lead-based paint
There’s a rush on to get remodelers and other contractors who work in older homes qualified to keep working after new regulations surrounding lead-based paint hit the books — and homeowners’ pocketbooks — in a few weeks. 

City to offer lead class

City to offer lead class
On Friday, the city of Galveston will offer a free Lead-Based Paint Renovator Training Course.

Read more on Galveston County Daily News

Buying Older Character Homes: What You Should Know About Lead Paint

For many home buyers the fabulous potential and charm in older character homes is well worth the time and effort that it can take to restore or renovate them; restoring or renovating older homes isn’t just a time and money sink however, it can also be a health hazard. In homes pre-dating 1940, it is assured that lead paint was most certainly used inside the home and possibly outside as well; homes between that time and the early 1970s may well have lead paint in them as well.

You may well wonder what the danger is in having lead paint on the walls of your home, after all, it’s not like you or anyone in your family is going to be chewing on them—at least not that you’re aware of. Well, it just so happens that you don’t have to chew on a painted wall to get lead poisoning from the paint on it. It is true that one way that you can get lead poisoning is from ingesting paint chips that have come off the deteriorating surface of a painted surface but that is less likely to occur than from exposure to lead dust. When aged paint deteriorates it breaks down—or “chalks”—releasing lead dust; this dust is picked up off the wall and other surfaces from touch and may be ingested when you put your hands to your mouth, it can also be inhaled from the air.

Exposure to lead particles can cause permanent damage to children and adults alike; lead paint is the major source of lead poisoning in children. In children the repercussions are usually brain damage, impaired mental function, and hindered mental and physical development. Pregnant women exposed to lead dust can also pass these types of effects on their fetus through their bloodstream, making it a very important component to rid your house of when you have or are expecting children. Adults can certainly suffer from lead poisoning as well, but because their development is complete, the results are different. Lead poisoning in adults causes irritability, poor coordination, nerve damage, reproductive problems, and high blood pressure.

The only way to tell if you have lead poisoning is to have a blood test to check for levels of lead in your system.

Slightly more complicated is testing for lead in your home. While there are home tests available, they deliver poor results and are quite likely to deliver inaccurate results. Lab tests will give accurate results and are quite reasonable cost-wise. Lab tests to check for lead paint will ask you to submit a number of paint samples cut from the walls of your home.

To keep your family safe and healthy it is recommended that you wet-wipe down lead paint surfaces to keep dust to a minimum until you can have the lead paint professionally removed by a lead abatement specialist. While the paint is being removed from your home it is best to stay elsewhere so that you don’t increase your exposure. To help reduce your exposure you can also use a high-phosphorus cleaner to keep the amount of lead dust to a minimum; any cleaning solutions are only a temporary measure against exposure though, don’t rely on that to keep your family safe.

Don’t let the possibility of lead paint scare you away from buying older homes, they can be amazing places to live and many of them have already had their paint removed by previous owners. If you do need to have the paint removed in one of these otherwise idyllic abodes rest assured that the final result will be well worth the time and effort.

Residential Lead-Based Paint Hazard Reduction Act

There are many regulations and statutes pertaining to lead-paint hazards. We’re providing you with links to a number of the most important ones, especially as they relate to our grant programs.

Information on EPA’s Renovation, Repair and Painting Rule

Title X Regulations (Residential Lead-Based Paint Hazard Reduction Act)

The Environmental Protection Agency‘s Lead Regulations for Lead in Paint, Dust, and Soil

U.S. Department of Labor – Occupational Safety & Health Administration

• Public Law 102-550 – Residential Lead-based Paint Hazard Reduction Act of 1992
• Title X, Sections 1012 and 1013 – Requirements for the Notification, Evaluation, and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance.
  Visit HUD‘s Lead-Safe Housing Rule web site to learn more.
• Title X, Section 1018 – Requirements for the Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards in Housing (HUD’s Lead-Based Paint Disclosure Rule web site has more information)

LEAD PAINT MAKES YOU STUPID

April 22 deadline approaching for lead certification

April 22 deadline approaching for lead certification
Beginning next month, federal law will require contractors performing renovation, repair and painting projects that disturb paint in homes, child care facilities and schools built before 1978 must be certified in the new EPA Renovation, Repair and Painting Rule and follow specific work practices to reduce human exposures to lead.

Read more on Logan Herald-Observer & Woodbine Twiner

The Renovation, Repair and Painting Rule

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.

On April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. Until that time, HUD and EPA recommend that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.

There are some differences between the EPA RRP Rule and the HUD Lead Safe Housing Rule (LSHR). A major difference is that the LSHR requires clearance examinations. All housing receiving federal assistance must still comply with the LSHR. OHHLHC provides Information on complying with the LSHR and RRP, and Frequently-asked Questions from Grantees. Additional information for renovators is available.

All contractors should follow these three simple procedures:

From December 2008, the rule has required that contractors performing renovation, repair and painting projects that disturb lead-based paint provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978 the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) | en español (PDF)

Starting on April 22, 2010, the rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:

Read EPA’s Lead Renovation, Repair and Painting Program Rule.

Additional information on becoming an EPA-certified renovator or training provider is available on EPA’s Renovator and Trainer Tool Box site.

Effective Dates of the Rule

• Renovation contractors
• Maintenance workers in multi-family housing
• Painters and other specialty trades.

Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.

• Contain the work area.
• Minimize dust.
• Clean up thoroughly.

Children’s Products Containing Lead; Lead Paint Rule

The CPSIA lowers the amount of lead that can be in children’s products. Section 101 sets new limits for the lead content in children’s products and the amount of lead in the paint used on those products.

Lead Content Limits

The limits on the amount of lead in children’s products are phased in over the course of three years. By February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Children’s products that contain more lead than 600 ppm are banned in the U.S. after February 10, 2009, and the sale of those products can result in significant civil and criminal liability. The statute provides that paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child. After 1 year from enactment, or August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm after three years, or August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.

Some children’s products may be exempted or excused from these new lead limits if a component part containing lead is inaccessible. The Commission will provide guidance by rule on what component parts are inaccessible within a year. The Commission will also evaluate whether certain electronic devices, including devices that contain batteries, must comply with the lead limit.

Lead in Paint Limit

In addition, after 1 year or August 14, 2009, the Act provides that paint and similar surface-coating materials for consumer use must be reduced from 600 ppm to 90 ppm.

Effective Date: Lead content limit of 600 ppm becomes effective 180 days after enactment. An advisory opinion regarding the application of the new lead limit to inventory existing at the effective date can be found on our web site at http://www.cpsc.gov/library/foia/advisory/317.pdf. The lead content limit lowers again to 300 ppm at 1 year after enactment. The lead in paint limit goes down to 90 ppm 1 year after enactment.

Related articles by Zemanta

• New Lead Paint Laws Aim to Protect Children But Kids Are Still at Risk (homesecuritysource.com)