Lead Paint
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LEAD PAINT

Because of the dangers posed by lead paint, effective April 22, 2010 new requirements go into effect 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 which “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 according to 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 will not be required to use the work practices contained 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 issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC