New Lead Removal Law for Pre-1978 Homes

Under new lead safety guidelines, some home renovation projects could become more expensive and time-consuming starting in April.

In 1978, the US government banned lead-based paint for interior and exterior applications. However, the paint still covers many walls and buildings and must be handled very carefully to avoid lead poisoning, particularly in small children.

The Environmental Protection Agency passed a 2008 law requiring new safety practices and certification for contractors who may sand, cut, scrape or otherwise disturb paint applied before 1978. The law takes effect April 22. It is causing concerns for many contractors and profitable opportunities for other companies, plus additional costs for some homeowners.

What do the rules cover?

The rules only apply to professional work that disturbs more than six square feet of painted interior surfaces or 20 square feet of exterior painted surfaces. The new rules also are only applicable in homes and other buildings that regularly house or tend to children under 6, such as schools and daycare facilities. The rules do not apply where the paint is proven to not contain lead. They also do not apply to homeowners performing their own work. However, the EPA strongly recommends the new safety measures for all projects.

Lead is known to affect children's brains and nervous systems. It is also harmful to adults, and a pregnant woman can pass lead poisoning to her fetus. Inhaled lead dust is the most common form of lead exposure.

Applicable projects must be completed by certified renovators, who are required to post warning signs, seal off the work area, minimize dust and thoroughly clean up the site. The National Association of Home Builders (NAHB) estimates that the new rules will add $500 to $1,500 to the average project that costs more than $5,000.

Who doesn't like the rules?

Certification and costs are a problem for some contractors and home improvement industry groups. Home Depot, Lowe's, NAHB, the National Association of the Remodeling Industry (NARI) and eight other home improvement organizations wrote a March 8 letter to four senators. The companies and groups argue that the EPA has not trained or certified enough contractors to complete the work. The letter states the EPA has 135 accredited trainers and fewer than 14,000 certified renovators nationwide, but the agency estimates it needs at least 200,000 certified renovators to keep up with demand for renovation projects in older buildings.

Moreover, they argue the new rules will hamper stimulus and energy-saving efforts by limiting weatherization efforts in older homes and buildings, which may not be very energy-efficient. The industry is asking the senators to request a delay in implementation. The remodelers also say some of the rules are too onerous for contractors.

Connecticut remodeler Bob Hanbury testified this month before the Senate Energy and Natural Resources Committee. "At present, it looks like the only way that many of our members will be able to comply is to avoid working in these older homes so we don't break the law," Hanbury said, according to an NAHB transcript. "In an environment where improving energy efficiency and creating jobs are national priorities, that makes no sense at all."

On the other hand, the Sierra Club and other environmental groups successfully petitioned to expand the rules and include additional reporting requirements. They also are pushing for outside confirmation of effective lead abatement. "We still believe and will continue to push in the rulemaking for regulations that assure renovations do not leave children at risk, by requiring third-party testing to be sure no lead dust hazards are left behind," said Matthew Chachere, an attorney representing the environmental groups.

Who likes the rules?

Other companies are taking advantage of the rules by promoting their new lead abatement technologies. Ecobond, manufactured in Colorado, is one of several new lead-paint removers designed to chemically react with lead to convert it to a safer, more stable compound. The EPA does not specifically endorse such products, but the agency lists Ecobond on its remediation vendor directory.

For more information on lead hazards and the new home improvement rules, download this brochure or call the National Lead Information Center at 1-800-424-LEAD.

Posted by: Steve Graham