Remodelers will be required by the Environmental Protection Agency (EPA) to distribute a pamphlet entitled "Protect Your Family from Lead in Your Home" to homeowners and occupants before starting certain renovation projects for compensation. In addition to providing the pamphlet to homeowners, remodelers must obtain written acknowledgement that it has been received.
The June 1, 1998 ruling by the EPA follows in the footsteps of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Toxic Substances Control Act (TSCA). Beginning June 1, 1999, contractors who renovate and disturb painted surfaces on any housing built before 1978 will be responsible for distributing the pamphlet and obtaining the homeowner’s signature before work begins. Housing for the elderly or persons with disabilities, provided a child under the age of six does not live there, and homes without a bedroom, such as efficiencies or studio apartments, are exempt from the ruling.
Under the EPA ruling, window replacement, removing or modifying painted surfaces or components, and removing walls, ceilings and major plumbing will all require pamphlet distribution unless the activity is a part of an abatement project, in which case more stringent rules apply. However, minor repairs disrupting two square feet or less of a painted surface, emergency renovations and remodeling done in target housing with written determination by certified inspector that affected components are free of lead are exempted under the ruling.
All records demonstrating compliance, including lead-free inspection certifications, signed and dated acknowledgement statements and common area notification records, must be retained for three years after completing the remodeling project.
Violators of this ruling can face stiff fines. Civil penalties can be up to $25,000 a day per violation, and criminal penalties can be up to $25,000 a day per violation in addition to imprisonment for up to one year for each violation. The EPA is developing an "Enforcement Response Policy" to allow some flexibility in enforcing the penalties, including warning notices and opportunities for compliance.
To speak with someone in the Regional Lead Program about seminar times and dates in the Dallas/Fort Worth area, please call Valerie Berry at 214-665-8481.
For information on lead concerns, call the national lead information number at 1-800-424-lead.
Source: National Association of the Remodeling Industry Environment Protection Agency (EPA) Region 6
www.leadsafeusa.com
www.epa.gov/lead
