Due to the dangers posed by lead paint, new requirements took effect on April 22, 2010, for most dwelling units and common areas in structures built before 1978.
Certification Required. Under the EPA’s Lead-Based Paint Renovation, Repair and Painting requirements, firms paid to perform work that “disturbs” paint in pre-1978 residential housing must be EPA certified, and all individuals performing the work must either be certified renovators or must have been trained by a certified renovator.
Renovations. In addition, all renovations must be performed in accordance with EPA lead-safe standards and practices. The law defines renovations very broadly to include most repairs, remodeling, and maintenance activities, including window replacements. Additionally, electrical, plumbing, and carpentry work could also be subject to the law.
Exceptions. There are some exemptions to the law’s requirements, including the following:
- Housing built in 1978 or later.
- Housing for elderly or disabled persons, unless children under six reside or are expected to reside there.
- Zero-bedroom dwellings (studio apartments, dormitories, etc.).
- Housing or components declared to be 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. However, minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.
And where the firm doing the work obtains a signed statement from the owner that all of the following are met, then the training, certification, and work practice requirements of the rule do not apply:
- 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 is not required to use the work practices set forth in the EPA rule.
Penalties. It is important to note that there are severe penalties for violations of this law, including fines of up to $32,000 per violation, per day.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.