New regulation aimed at lead paint protection
The EPA rules governing renovation, repair, and painting activities on target housing or child occupied facilities constructed prior to 1978 went into effect on April 22, 2010. This regulation has widespread implications for residential remodelers requiring EPA certification of renovation firms and individual renovators. The main purpose of the rule is to protect against the disturbance of painted surfaces and the associated lead dust which can lead to lead poisoning.
Here is a summary of key elements but be sure to check out the full details in the links provided below:
Targeted Housing Impacted By Regulation
- Housing constructed prior to 1978 with the exception of housing for elderly persons with disabilities (unless children age 6 or under reside or are expected to reside).
- Child Occupied Facility where child age 6 or under regularly visits a building or portion of building constructed prior to 1978 on at least two different days within any week for at least 3 hours a day and combined weekly visits that last at least 6 hours, and combined annual visits that last at least 60 hours. See regulation for exceptions.
- Abatement activities are governed by rules applying to abatement contractors.
- Minor Repair or Maintenance that disturb less than the following square foot area over a period of 30 days:
6 sq ft per room for interior activities, 20 sq ft for exterior
This exemption does not apply to window replacements, demolition of painted surface areas, and certain open flame burning/torching, high speed paint removal machines without HEPA, or operating heat gun at temperatures above 1100 degrees.
- No Lead Based Paint Will Be Disturbed per written verification by certified lead inspector or proper use of EPA recognized test kit by certified renovator.
- Do It Yourself work performed by owner on own residence.
The next question is whether or not claims arising under this regulation are covered by a contractor’s General Liability policy. We provide the answer here.