Don’t Paint Yourself in a Corner, Get Certified Now – Dealing with EPA’s Lead Paint Rule

A long time in coming, but certainly below the radar screen, is the implementation of the EPA rule issued in 2008 requiring contractors engaged in renovations to be certified in handling lead based paint that may be present in homes, child care facilities and schools built before 1978. Certainly many of the buildings built before that time may well have lead based paint in them since it was not specifically prohibited until that date. However, many manufacturers moved long before 1978 to remove lead from their paint.

The rule applies to all trades engaged in renovation. Many trades can expose lead based paint, from the plumber to the electrician who may cut through walls where there may be lead based paint. Accordingly many contractors were unaware that the law applied to them and failed to obtain certification. A mad scramble for certification in the face of an April 22, 2010, deadline, together with industry outcry, led the Senate to introduce and pass a bill requiring EPA to delay implementation of the rule.

In the face of the growing clamor from congress and industry groups, the EPA on June 18, 2010, gave a reprieve of sorts to renovation contractors who now must enroll in a class before September 2010 and be certified by the end of December 2010 or risk stiff fines if they renovate pre-1978 homes without certification. The fine can be as high as $37,750 per violation, per day. Such contractors must still employ lead safety renovation techniques and comply with disclosure requirements even before being certified.

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