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4/16/2010

Details on the new Lead Repair, Remodel and Paint Law

As promised, I'm writing a more detailed blog regarding important legislation that goes into effect on April 22, 2010, regarding safe remodeling in homes that may contain lead paint. If you have a flooring project (or any remodeling project) pending, this will be important to you.

I'll save my opinions on this program for another time... let's keep this entry focused on getting you information you need to make important remodeling decision.

Lead paint was outlawed in the U.S. 1978. However, existing manufacturers’ were permitted to sell existing inventories until they were depleted, which enabled lead paint sales to continue for several more years.

Lead paint is still very prevalent, especially in homes built before 1978. According to the EPA:
• 86 percent of all homes built before 1940 have lead-based paint
• 66 percent of all homes built between 1940-1959 have lead-based paint
• 25 percent of all homes built between 1960-1978 have lead-based paint

Lead was used in paint to enhance color and durability. Lead was also used in some varnishes (including some varnish-based floor finishes). These floor varnishes were phased out in the mid-1960’s after the introduction of polyurethane finishes. None of the floor finishes used today contain lead, and this includes all polyurethane finishes.

Lead paint presents a very real hazard. Children under the age of 6 (including all unborn children) are most at risk from small amounts of lead. Exposure to lead paint causes incurable ailments including developmental disabilities. Lead poisoning can also impact adults, resulting in high blood pressure as well as other serious ailments.

Lead’s greatest risk is when it is in dust form. It is hard to see. It is hard to sweep up. It travels easily. Dust is a natural by-product of home renovation activities.

The EPA helped create Federal legislation that goes into effect on April 22, 2010. This new law mandates:

1. If you live in a home built before 1978 (with a few minor exceptions) OR if your project is a child occupied facility (e.g. day care or elementary school), you must read the EPA pamphlet Renovate Right; Important Information for Families, Child Care Providers, and Schools before embarking on a remodeling project. You can see this pamphlet by clicking here.

2. After you read the pamphlet, you can decide if you want to opt-out of the EPA Renovation, Repair, and Painting (RRP) program. You can opt-out if ALL of the following are true:

a. you own and live at the property
b. you don’t regularly have kids under 6 years of age staying in your home
c. there are no pregnant women residing in the home
d. the property is not a child-occupied facility (e.g. day care, elementary school, etc.)

Know that you must sign the EPA pamphlet acknowledgement / opt-out document and that your contractor will keep it on file for 3 years.

3. Your project is exempt from the RRP lead-safe program if any of the following are true:
a. project work will not disturb more than 6 square feet of affected surface area in any interior room
b. you have the area professionally tested for the presence of lead, and the test results come back negative
c. you are doing the renovation work yourself

If we are your flooring contractor and you choose to opt-out of the RRP program or if your project is exempt, we perform the project in our normal highly-professional workmanlike fashion.

4. If you do not opt-out AND if your project is not exempt, your applicable general contractor, painter, flooring provider or any other EPA-Certified Remodeler will utilize special precautionary work practices on your project. These additional safety measures are meant to protect you and your family. These measures however, will take additional time and special methods, and yes (sigh), they’ll add cost to your project.

We are an EPA-Certified RRP firm. We have EPA-Certified Renovators on staff. There are other EPA-Certified firms in the marketplace and the list is growing every day. Only Certified RRP firms with Certified Remodelers can perform EPA-accepted testing for lead. Only Certified RRP firms with Certified Remodelers are authorized to work in affected homes that fall under the RRP opt-in umbrella described above.

From a wood flooring perspective, what does this mean to you? Maybe nothing.

If you have a pending floor sanding / refinishing project and you’re home meets the criteria described in #1 above – there’s a strong chance that it has been refinished since the mid-1960’s and the lead has been removed. If the floor project involves removing / replacing baseboards, then the odds of lead exposure go up (as many baseboards are painted). In either case, you should probably have the area tested, just for peace of mind. Testing costs vary depending on the scope of the project. The bigger the project, the greater the number of surfaces that need to be tested, but $25 to $100 is common.

If you find that there is lead in your floor finish or on the paint of existing baseboards, and assuming you opt-in to the RRP program, know that an EPA-Certified Renovator firm is trained to complete the project to the high safety standards set forth by the EPA. Know too that EPA-Certified Renovator firms are not allowed to train subcontractors to perform lead-safe practices. Only employees of EPA-Certified Renovator firms can be trained by EPA-Certified Renovators to use lead-safe practices defined in the RRP program. In other words, firms that rely on subcontractors for craftsmen must only use Certified RRP subcontractors to complete these RRP projects.

I realize this is a lot of information. Please feel free to contact me if you need more information. Also, feel free to go to the EPA’s website

What do you think about the program? What questions do you have?

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