The remodeling industry undergoes its own renovation June 1, when federal lead-based paint disclosure laws take effect.
The U.S. Environmental Protection Agency regulations will govern any non-emergency disturbance of more than two square feet of paint in most pre-1978 housing.
The new regulations will require any paid or otherwise compensated worker to give owners or occupants an EPA pamphlet, “Protect Your Family From Lead in Your Home,” and get a signed receipt before starting work on repairs or improvements.
The EPA isn’t asking remodelers, home improvement contractors and tradesmen to do anything more than realty agents, home sellers, property managers and landlords already do–warn customers that houses built before 1978 may contain now-banned lead-based paint whose chips and dust have caused health problems, particularly in young children.
“You didn’t ask for lead paint to be put in there 50, 40, 30 years ago, but you’re working with it, like it or not. I suggest you get trained some way, somehow, to deal with it,” Al Guyant, training officer for the Wisconsin Division of Public Health, told a meeting of contractors recently.
Contractors muttered complaints upon hearing their new public responsibilities, possibly because they realize the next logical step to alerting people about lead-based paint is being asked to get rid of it.
If a project’s intent is repair or remodeling, and no lead poisoning case has been reported or danger proven, Guyant said no special precautions are required.
Guyant predicted some people will be tempted to flout the new rules.
“What’s the fine? A couple hundred to a couple thousand dollars, which is nothing compared to the insurance exposure,” he said, referring to the risk of being sued by homeowners who weren’t given the government pamphlet.
“You hear a lot of horror stories about this. That’s because they’re true.”
Government officials take the lead paint disclosure law seriously because the paint has harmed so many children. By some estimates, one of every 11 American children has dangerously high levels of lead in their blood. The problem is particularly severe in places with an older housing stock.
“If you covered your smallest fingernail with pure lead dust, that would be enough to kill a child. Paint is always mixed, of course. But it doesn’t take much to do a heck of a lot of damage,” Guyant said.
John Wsol, lead program technical assistant in the EPA’s Chicago regional office, told contractors that if they distribute the lead safety brochure, keep signed receipts for three years and don’t take on abatement projects for which they’re not certified, they’ll fare well.
“People who willfully ignore the law are subject to fines of up to $25,000 per day or per violation, and imprisonment for up to a year. But let’s not kid each other. We’re talking egregious instances,” Wsol said.
As contractors grumbled about being at the mercy of the sometimes-litigious public, Wsol said: “Folks, this is inexact. We understand what you’re dealing with. We will work with you. This is a learning experience for us all.”
In an interview after the seminar, Kenneth P. Skowronski, president of the National Association of the Remodeling Industry, said that despite the local chapter’s restiveness, “I can see by the interest of these contractors that they’re taking this seriously.
“Nobody’s happy when you have new government regulations, but I’m pleased that NARI is taking a leadership position in knowing what has to be done and helping inform consumers.”
