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New Lead Base Paint Rules

The Toxic Substances Control Act resulted in the EPA creating a new rule dealing with lead-based paint (LBP) hazards created by repair, painting and renovation activities that disturb lead-based paint in affected housing constructed prior to 1978.  It also applies to a public/commercial facility of similar date where children are present on a regular basis (e.g., school or daycare facility). The rule, passed in 2008, becomes effective April, 2010. This is in addition to the existing rule that requires disclosure by the seller of LBP hazards and records in the sale of pre-1978 homes.
 
The rule affects general and specialty contractors by requiring them to be certified if they are performing work on a target property, and requiring them to provide warnings to let people know of the potential hazards.

Exemptions to the Rule include:

1.      Repair/maintenance work where the disturbed area is no larger than 6 sq. ft. of interior painted surface, or 20 sq. ft. of exterior surface;

2.      A certification that the work area is free of lead-based paint (as determined using an EPA recognized test kit, and the kits they sell at Home Depot & Lowes do not qualify)

3.      Renovations by an owner to their own residence. This assumes that the owner is doing the work, not having it done by a property manager or contractor “friend”

4.      Some housing may be exempt if it is shown that no child under the age of 6 or pregnant woman resides or regularly visits there. Check with your attorney to see if you are exempt.

You can view the rule at: http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.pdf and you can also find information and sample checklists at www.epa.gov/lead/pubs/leadinfo.htm#remodeling.

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This entry was posted on Thursday, January 21st, 2010 at 11:03 pm and is filed under Denver Real Estate, General Information, Home Maintenance Tips. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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