NAHB members can now listen to an online recording of NAHB's audio seminar on the requirements of the new lead paint rule for free by logging in to www.nahb.org/leadpaintaudio. In the seminar, a panel of experts examines the new lead paint rule governing the work of professional remodelers where lead paint is involved.

Presented by NAHB Remodelers and The NAHB University of Housing last fall, "The EPA's New Lead Paint Rule: What it Means for You" is an hour-long seminar that explains in detail what the new rule covers, what remodelers must do to be in compliance and where they can find additional information.

The EPA's Lead: Renovation, Repair and Painting Rule addresses remodeling and renovation projects disturbing more than six square feet of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects in housing, child care facilities, and schools built before 1978 that are inhabited or frequented by pregnant women and children under the age of six.. Though the rule does not become fully effective until April 2010, there are things remodelers will need to do before that date to be in compliance with the rule.

Remodelers are now required to distribute the new U.S. Environmental Protection Agency (EPA) lead paint pamphlet, Renovate Right, to homeowners for educating them about the new lead paint regulations when remodeling any pre-1978 homes and child-occupied facilities. Renovate Right replaces the previous EPA pamphlet entitled Protect Your Family from Lead in Your Home. The new pamphlet can be downloaded from the EPA website at www.EPA.gov/lead or by calling 1-800-424-LEAD (5323).

Summary of the Rule
Review the points below for a quick summary of the new EPA lead paint rule.

1.      Training and Certification
Beginning in April 2010, firms working in pre-1978 homes will need to be certified. Along with the firm certification, an employee will also need to be certified as a Certified Renovator. This employee will be responsible for training other employees and overseeing work practices and cleaning. The training curriculum, which is currently under development by the EPA, will be an eight-hour class with two hours of hands-on training. Both the firm and Certified Renovator certifications are valid for five years. A Certified Renovator must take a four-hour refresher course to be recertified.

2.      Work Practices
Once work starts on a pre-1978 renovation, the Certified Renovator has a number of responsibilities. Before the work starts this person will post warning signs outside the work area and supervise setting up containment to prevent spreading dust. The rule lists specific containment procedures for both interior and exterior projects. It forbids certain work practices including open flame or torch burning, use of a heat gun that exceeds 1100°F, and high-speed sanding and grinding unless the tool is equipped with a HEPA exhaust control. Once the work is completed, the regulation specifies cleaning and waste disposal procedures. Clean up procedures must be supervised by a certified renovator.

3.      Verification and Record Keeping
After clean up is complete the certified renovator must verify the cleaning by matching a cleaning cloth with an EPA verification card. If the cloth appears dirtier or darker than the card the cleaning must be repeated.

A complete file of records on the project must be kept by the certified renovator for three years. These records include, but aren't limited to: verification of owner/occupant receipt of the Renovate Right pamphlet or attempt to inform, documentation of work practices, Certified Renovator certification, and proof of worker training. NAHB believes that record keeping will be a major enforcement tool for the regulation.

4.      Exemptions
It is important to note that these work practices may be waived under these conditions:

• The home or child occupied facility was built after 1978.
• The repairs are minor, with interior work disturbing less than six square feet or exteriors disturbing less than 20 square feet being exempt.
• The homeowner may also opt out by signing a waiver if there are no children under age six frequently visiting the property, no one in the home is pregnant, or the property is not a child-occupied facility.
• the house or components test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator

NAHB Action on the Rule
NAHB has filed a petition challenging the new lead paint rule because of concerns about the rule's overreach and the training and timing requirements of the rule. Other organizations, including the Sierra Club, the Center for Environmental Health and the New York City Coalition to End Lead Poisoning, have also filed suit challenging the rule for being to lax. In the view of one or more of these organizations the rule improperly exempts some owner-occupied housing. All of the parties including NAHB have begun preliminary discussions that could resolve some of the issues that would otherwise be raised in court. It is important to note that these suits will not delay the implementation of the rule.

Learn More by Listening
NAHB members can listen to the streaming audio file of the original broadcast through Oct. 28, one year after the seminar was held. They can also receive handout material and a marketing bonus.

The seminar recording includes comments by:

• Brindley Byrd, CGR, CAPS, of QX2 Contracting in Lansing, Mich., an advocate for the remodeling industry and an active member of the NAHB Remodelers Lead Based Paint Task Force.
• Bob Hanbury, CGR, of House of Hanbury in Newington, Conn., a member of the Connecticut Department of Public Safety State Codes and Standards Committee who has represented the remodeling industry during discussions and presentations on lead paint with HUD and the EPA.
• Matt Watkins, NAHB environmental policy analyst, who has been integral in writing several comment letters about the rule to the EPA.

To Purchase
The fee for non-members is $79. 

For more information on purchasing the audio seminar — or to recieve it free as an NAHB member — click here.

For general information about the rule and what NAHB Remodelers are doing to help its members comply with it, visit www.nahb.org/LeadPaint.  [return to top]