Lead Paint: The EPA’s Renovation, Repair and Painting Rule

For this week’s Guest Post Friday here at Musings, we welcome Joshua Glazov for the first time.  Josh has been a construction lawyer since 1995. He practices at Much Shelist in Chicago and focuses on negotiating and preparing design and construction contracts for owners, contractors, and lenders, as well as preparing for, and confronting, construction related insolvency when a project participant goes bankrupt or a lender goes into FDIC receivership.  Josh publishes on these topics at his blogs: Construction Law Today and the Bank Failure Blog.

Last month the EPA finally issued their Renovation, Repair and Painting Rule (PDF), the one that sets up new requirements for work on projects that may involve lead paint.   The requirements are many complex.  You’ll need to become familiar with this rule if you do any renovation , repair, or painting work, especially of your work is on buildings built before lead paint was banned in 1978.

• You’ll need to become a certified by the EPA as a Certified Renovation Firm
• If you’re renovating, repairing, or painting at a building built before 1978, give the owners and occupants a copy of the Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) .  Yes there are exclusions and exemptions for pre-1978 buildings where giving the pamphlet isn’t required.  But it’s so easy to do, so why take the chance?  Just give it for each job.
• You’ll also need to ensure you get receipts from owners and occupants confirming that you gave them the Renovate Right Pamphlet.  The EPA published sample form (PDF) to use for these receipts.

There’s a lot more to ensuring you comply with this rule.  Some of the best place I’ve found to become familiar with this rule, what it covers, and how to comply:

• This chart (PDF) prepared by the National Center For Healthy Housing
• The EPA Small Entity Compliance Guide to Renovate Right (PDF)

As always, Josh and I welcome your comments below.  Please subscribe to keep up with this and other Guest Post Fridays at Construction Law Musings.