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escondido100
May 30th, 2010, 06:35 AM
on april 22, 2010 a new law went into effect passed and enforced by the EPA.
the law requires that any work to be done on a pre 1978 built home and involvies disturbing more than 6 sq ft interior and 20 sq ft exterior be tested for the presence of lead paint and if found that safe work practices be employed.
if using a contractor for the work it must be tested by a certified renovator from a certified firm. homeowners can do their own testing and work but still must use safe work practices and recordkeeeping as prescribed by the law.
to become certified a contractor must take an eight hour class and register the firm. This costs about 800.00
tooling up for the use of safe work practices would cost about 1000.00 minimum depending on size of company.
additional liability insurance if you can get it will be another 1 to 2000 per year and probably more. homeowners and contractors working on pre 1978 homes with lead paint present are opening themselves up to huge liabilities due to the toxicitiy of airborne lead to everyone but especially children and pregnant women.
this law has teeth too. people found in violation of the laws will be fined a minimum of $37,500.00 per day per occurence. willfully breaking the law can and has invloved jail time for fraudulent recordkeeping.
soooo.... when contemplating that next project .....when was the house built?
is the contractor bidding the work qualified?
since this is a new law many contractors and property managers are not even aware of it yet. the days of handymen doing work on pre 1978 housing are over.

Glen Miyashiro
May 30th, 2010, 02:40 PM
For details, see http://www.epa.gov/lead/pubs/renovation.htm.

craigwatanabe
May 30th, 2010, 06:08 PM
I remember when a contractor came in to repain the Gas Company's Kamakee facility back in the 90's. They pressure washed the entire concrete building tearing off all the lead paint. When it dried there was a dust of paint everywhere that went into the drains on Kamakee Street. Was it lead paint? Well it just so happened that we had a lead paint test kit in our meter repair shop (where the meters are refurbished and sent back out). The swab turned a bright pink, indicating the presence of lead in the paint.

The contractor simply washed the stripped paint out onto the street and into the gutters.

Now for preschools, lead paint removal is another matter because of federal funding, strict guidelines are in place where in some instances it's better to seal the lead paint instead of removing it.

Nords
May 31st, 2010, 05:09 AM
the law requires that any work to be done on a pre 1978 built home and involvies disturbing more than 6 sq ft interior and 20 sq ft exterior be tested for the presence of lead paint and if found that safe work practices be employed.
the days of handymen doing work on pre 1978 housing are over.
I predict that handymen will start doing many, many jobs of 5.9 square feet. Perhaps as many as 20 or 30 of them at the same address.

Another law on the books with few (or no) resources for enforcement.

escondido100
May 31st, 2010, 06:35 AM
I predict that handymen will start doing many, many jobs of 5.9 square feet. Perhaps as many as 20 or 30 of them at the same address.

Another law on the books with few (or no) resources for enforcement.

6 sq ft per address per 90 days is the rule.
i think that enforcement is being helped by the size of the fines.
EPA is on a mission and they take this rather seriously.
there are going to be dozens of "enforcers" in the eyes of these certified renovators and firms. you can believe that the liability issues are going to force their hands in reportimng violations.


HUD and federal funds do require much stricter mitigation measures and if you have employees OSHA is standing by to fine you as well.
interstingly enough FHA and VA mortgages are not considered federal for the purpose of this law.

808Dad
June 1st, 2010, 10:22 PM
I agree with Craig. I live in a very old house and had to repaint it about 10 years ago. I did not have the paint tested but was pretty sure it was lead based. i just put two coats of primer and to coats of finish to seal it in. It would have been too costly to have it removed.

escondido100
June 2nd, 2010, 06:29 AM
it sounds as if you didnt disturb the lead paint.
but you still may have lead paint. any future work, paint prep,power washing, fascia repairs, window or door changes, termitre damaage, demolition etc will have to be done after testing and then lead safe work practices employed and recorded. and then disclosed upon any sale of the home. if the work is done by a professional they will need to be certified.

cezanne
June 12th, 2010, 09:02 AM
I agree with Craig. I live in a very old house and had to repaint it about 10 years ago. I did not have the paint tested but was pretty sure it was lead based. i just put two coats of primer and to coats of finish to seal it in. It would have been too costly to have it removed.

Cost-effective and legal.

escondido100
June 12th, 2010, 04:10 PM
when painting an old house you are allowed to disturb up to 20 sq ft in the preparation of the the old surfaces for painting. if the paint is not chipping peeling or flaking it can be a cost effective plan to continue to encapsulate the old lead paint layers. but if the house was buily before 1978 in MUST be tested first prior to any progress on the project. no lead ...no problem...
if lead is present you become liable for a lot.
you need to develop a plan and document the work and show how you did not disturb more than 20sq ft and then keep all the records for as long as you own the house and then disclose the work upon transfer or sale.
applies to professionals and homeowners.

escondido100
June 17th, 2010, 04:14 PM
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