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

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.

This type of poisoning is caused by a child’s exposure to products that contain lead, which is a heavy metal that is found in the earth’s surface. Overexposure to this metal can cause vomiting, stomach pain, headaches, anemia, seizures, muscle weakness, and hair loss. Anatomically speaking, lead poisoning can affect the brain, bone marrow, and the kidneys.

A lowered level of lead in the body can also cause complications in children. These youngsters may suffer a drop in their IQ, have problems concentrating and learning, and exhibit behavioral disorders.

More than 4% of all American children are suffering from lead poisoning and the leading product that can cause it is old paint that is found in older homes and buildings. Toddlers and small children can be infected by putting lead-based paint chips in their mouth or inhaling dust particles that have specks of paint in them.

Other products that may contain unhealthy levels of lead include food or juice stored in foreign cans or improperly fired ceramic containers. This mineral can also be found in water that travels through old fashioned lead pipes which were also used in older buildings.

There are certain precautions that you can take to protect your children from lead poisoning. You should try to keep your child away from any peeling paint, particularly if you live in a building that was constructed before 1978. You should scrape any of these areas and seal them with new paint, which is all lead-free. You should also make sure that all waste is cleaned up if you are in the process of renovating an older home. If your neighbors are doing any remodeling, your children should wipe their feet and wash their hands any time that they have been in contact with the work area.

If you do live in an older home, you should make an appointment with your doctor to have your child checked for lead poisoning, even if you have not noticed any paint chips or other products present that may contain the metal. Many states offer free lead screenings through their health departments and some school systems require this testing to be done before your child can enroll in school.

For children who do test positive for lead poisoning, most of these youngsters require no treatment. The doctor will give you some guidelines to help you find the source of the lead so that you can remove it. Within a few months, the doctor will check your child’s levels again, and in most cases, the levels will return to normal on their own. In a few of the most serious cases, the doctor may have to prescribe your child medication to bring the most serious lead levels down to normal.

If you have several children who have all tested positive for lead poisoning, the doctor will contact your local health department, who will send specialists to visit your home and remove any lead-based products that are present.

Lead poisoning is a serious condition, but with early detection and proper actions on your part as a parent, it is easy to control.

Hand-washing, while common-sense, is not practiced enough, so be sure to wash up after interacting with soil, which might contain lead toxins, and before preparing food or eating. Wear garden gloves and wash up after dusting or mopping to prevent cross-contamination with your food or water.
Craft With Care
Ceramic and other pottery may have its appeal, but with lead paint posing a very real threat to your fetus, it may be a good idea to avoid ceramic crafts until after your pregnancy. If you must interact with lead-containing pottery or paint during your pregnancy, be sure to wash your hands well afterwards and wear protective clothing. Solder is a bad idea while pregnant, so hand the soldering iron off to another crafty woman during your pregnancy. Change your clothing after working with lead-filled crafts materials and be sure to wash them away from other family members’ garments.
Take Care At Work
Occupational exposure to lead is dangerous for men and women, but pregnant women run the additional risk of lead contamination to their unborn children. If you work with soldering irons, welding materials, lead-based paint, common construction site chemicals and items, or work in a factory setting, you may be putting your fetus at risk. Ask your employer about a transfer to a lower-risk area of the factory, and be sure to wash hands often. Put your work clothing in a separate hamper and wash it separately from other family’s garments. Keep lead-exposed shoes outside of the house and be sure to vacuum well if they go into the house. Educate yourself about the hazards of lead exposure and be certain to talk to your doctor about how your prenatal care can reflect your concern about lead poisoning and lead exposure.
Seek Legal Advice for Exposure
If you have been exposed to lead paint or other lead at work or at home, consult a doctor and then a lawyer. An experienced lead poisoning attorney can help you recover money for the injury, pain and suffering caused by toxic lead paint exposure that affects the health of you and your baby.

If purchasing a home built before 1982, a buyer might expect it to contain some lead in the paint that was used over the years. The manufacture of lead-based paint was discontinued in 1978; however existing product was used in homes through 1982, when supplies were depleted. The general guideline is to expect at least a strong probability of lead-based paints in older homes. This information applies to exterior and interior painted surfaces. Inside the home, lead-based paint was more common for trim than on the walls.

Lead-based paint is not considered to be a problem as long as the substance does not become airborne or easy to access (no flaking off — so a child could ingest pieces). Maintaining all siding, exterior trim, interior trim, walls and woodwork in a well-painted and covered state minimizes possible exposure to lead. If a buyer has a special concern about lead based paints, easy and affordable lab tests are available to positively identify these products. When renovating or remodeling, a number of safety precautions should be followed if lead-based paint is present. An online search for “lead-based paint” will quickly provide the consumer with a full range of safety tips as compiled by numerous government agencies and other industry professionals.

Homes and properties constructed 30 years ago and older are generally made with lead and asbestos components. This is because these items are widely used and popular in the real estate industry due to its durable features and relevance. However, the succeeding years witnessed the debilitating effects of these materials that led to its ban and termination. Although these materials are no longer used, there are definitely still a greater number of houses that have these components in their foundations.

Lead for instance gives a threatening effect on health and the human body and thus was banned in the year 1978. Medical studies show that microscopic dusts sent out when scraping or sanding lead-based paints results to several health hazards. Nervous system disorders, hearing loss, IQ reduction and even stagnant growth are just a few of the imminent results rooting from exposure to these elements. Lead is a good binding agent used in paints thus most historic houses were painted with these substances.

If your house has lead-based paints and needed to be upgraded, it is imperative to get a building permit from your local building authority before you jump start your project. You also need a qualified lead abatement specialist who knows the proper way of getting rid of these materials without posing danger to those occupying the house.

Asbestos is another component in houses 30-year old and more ancient. These are materials used for insulation which have fire-resistant features. Asbestos are generally durable that is why most part of the house are made with these materials such as furnaces, broilers, roofs, floors and wall sidings. The good thing about it is that it stays harmless as long as it is intact and not damaged. For instance, surfaces having cracks and breaks give way to sending out asbestos dusts which are extremely hazardous to your health when inhaled. To remedy this problem during remodeling your house, you need the same building permit and abatement specialist as when dealing with lead-based paints in your property.

Asbestos and lead are significant components in the construction of historic and traditional houses. The danger that it poses however are controllable if you know the proper ways in dealing with them. Bear in mind that you and the health of your loved ones are as important as in ensuring the productivity of your investment in this challenging and vast industry.

EPA

This PDF brochure from the Environmental Protection Agency explain exactly what changes are coming on April 22, 2010 and how this will effect renovations & remodeling to you as a homeowner, landlord or contractor.

http://www.epa.gov/opptintr/lead/pubs/renovaterightbrochure.pdf