ALERT!!
October 1, 2010 Deadline:
EPA Certification Regarding Lead Exposure and Safety Procedures
Beginning October 1, 2010, contractors and subcontractors face fines and other penalties if they fail to comply with Environmental Protection Agency regulations designed to detect and abate lead-containing building materials. If a home, child-care facility or school was built before 1978, it may contain materials which contain lead. Beginning April 22, 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 were required to test their projects for lead-based building materials and were required to be certified by the Environmental Protection Agency (EPA) to test and abate the materials. Certified contractors must follow specific work practices to prevent lead contamination.
If your firm is not certified by the EPA, it cannot lawfully work on a project which includes lead-containing building materials. The EPA regulations increase the cost of performing renovation, repair and painting projects, but failure to comply with the regulations can result in serious consequences for both the owner of a project and its contractors and subcontractors.
If a project was constructed prior to 1978, owners may only contract with certified specialty trade contractors in certain trades including painters, plumbers, carpenters and electricians. Projects which will require certified contractors include remodeling projects, electrical work, plumbing work, painting work, carpentry and window replacement.
The EPA rule requires that owners use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices, including the use of lead-safe work practices which include (1) Containing the work area (2) Minimizing dust; and Cleaning up thoroughly.
A copy of the EPA’s lead pamphlet must be provided by the contractor to all owners and occupants of the project constructed from lead-containing materials. Contractors are required to post warning signs and to prepare certain records for later review by the EPA. Compliance with the EPA regulations is likely to be costly.
Disclaimer: The foregoing is not intended as legal advice. The facts and circumstances of any case requires the review of an attorney familiar with real estate and/or construction law. This is, by no means, a complete discussion of the EPA rules and regulations. Before taking any action, please consult with your counsel.
