Lead Paint Laws: Who Is Accountable?

Lead paint laws apply to contractors working on homes built before 1978, when the use of lead-based paint in homes was banned in the U.S. These laws require contractors to be certified and follow specific work practices to prevent lead contamination during renovation, repair, and painting projects. While the laws only apply to contractors, it is recommended that homeowners doing work themselves also follow the regulations to minimize the risks of lead paint exposure. This is especially important as lead paint can cause severe health issues, particularly in children.

Lead Paint Disclosure Rules

The Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, was passed by Congress to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed the Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD) to enforce the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

The Lead-Based Paint Disclosure Rule requires sellers, landlords, real estate agents, and property managers to provide specific information about lead-based paint and lead-based paint hazards before prospective renters and homebuyers sign a lease or contract. This requirement applies to most pre-1978 private housing, public housing, federally-owned housing, and housing receiving federal assistance. It is designed to help people make informed choices based on the information they receive.

• Give buyers and renters an EPA-approved pamphlet, "Protect Your Family From Lead In Your Home," which provides information on identifying and controlling lead-based paint and lead-based paint hazards. This pamphlet is available in multiple languages.
• Disclose any known information about the presence of lead-based paint and lead-based paint hazards in the home or building, including the location of the lead-based paint and the condition of the painted surfaces.
• Provide all available records and reports on the presence of lead-based paint and lead-based paint hazards in the housing being sold or leased. For multi-unit buildings, this includes common areas and other units from building-wide evaluations.
• Provide a "Lead Warning Statement" to buyers or renters, explaining that lead from paint can pose health hazards if not properly managed. This can be included in the contract or lease or attached as a separate document. It should be in the same language as the rest of the contract and include confirmation that the seller or landlord has complied with all requirements under the Lead-Based Paint Disclosure Rule.
• Provide homebuyers with a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. This timeframe can be lengthened or shortened upon mutual written agreement. Homebuyers may waive this inspection opportunity.
• Keep a signed copy of the disclosures for three years after the sale is completed or the lease begins.
• If providing the required disclosure information electronically, include a clear statement about the recipient's right to receive paper documents, procedures for withdrawing consent, and how to access and retain electronic records. Obtain consent from the renter or buyer to ensure they can access the forms electronically.

It is important to note that the Lead-Based Paint Disclosure Rule does not apply to zero-bedroom units, leases for 100 days or less, housing specifically for the elderly or persons with disabilities (unless a child under six lives there), housing found to be free of lead-based paint by a certified inspector, foreclosure sales, and housing built after 1977.

Renovation, Repair and Painting Rule (RRP)

The Renovation, Repair and Painting Rule (RRP) was issued by the Environmental Protection Agency (EPA) on April 22, 2008, and came into effect in April 2010. It requires that contractors working on renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be EPA-certified and follow specific work practices to prevent lead contamination.

The RRP rule requires that renovators are trained in the use of lead-safe work practices, that renovators and firms be certified, that providers of renovation training be accredited, and that renovators follow specific work practice standards. This includes containing the work area and cleaning up thoroughly.

The EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities, and schools follow lead-safe work practices. This is because common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.

The RRP rule is an important federal lead regulation, with the potential to ensure the widespread use of lead-safe work practices in homes and child-occupied facilities. It may be extended to public and commercial buildings in the future.

Lead-Safe Work Practices

In 1978, the US federal government banned the use of lead paint in consumer products. However, as many homes built before this time contain lead paint, it is important to be aware of lead paint laws and safety practices during renovations or repairs. Lead-safe work practices are essential to minimizing the risk of lead exposure and protecting your health. Here are some detailed instructions for lead-safe work practices:

For Contractors:

• Get Certified: If you are a contractor, it is important to become EPA-certified in lead paint removal. This requires completing an eight-hour training course, including hands-on learning. Certification ensures that you are knowledgeable about lead-safe work practices and can properly handle and contain lead-based paint disturbances.
• Contain the Work Area: Before starting any work, set up containment measures to prevent the spread of lead dust and debris. Use plastic sheeting and tape to seal off doorways, windows, and vents, creating a contained work area.
• Post Warning Signs: Display warning signs around the work area to alert others of the potential hazards. Inform occupants of the work being performed and the precautions being taken.
• Minimize Dust: During the renovation or repair work, use methods that minimize the creation of lead dust. For example, use hand tools instead of power tools whenever possible, or use tools with dust-collection features.
• Clean Thoroughly: After completing the project, perform a thorough cleanup to remove any lead dust or debris. Use a HEPA-filtered vacuum to clean all surfaces and ensure no residue is left behind.
• Dispose of Waste Properly: Any waste generated during the project, including lead-contaminated dust, debris, or removed materials, must be properly disposed of at authorized facilities. Follow local regulations for hazardous waste disposal.

For Homeowners:

• Hire Certified Contractors: When planning a renovation or repair, hire an EPA-certified lead paint removal contractor. Ask for their certification and ensure they follow lead-safe work practices.
• Relocate During Work: If possible, temporarily relocate yourself and your family, especially children, during the renovation or repair work. This minimizes the risk of lead exposure during the project.
• Clean and Maintain Your Home: Regularly clean your home to reduce the risk of lead exposure. Use a wet mop and a mild detergent solution to clean floors and surfaces. Keep your home well-maintained, promptly addressing any peeling or chipping paint.
• Get Informed: Educate yourself about lead paint hazards and your rights as a homeowner. Know the presence of lead paint in your home and understand the potential risks associated with it.
• Inform Renters or Buyers: If you are selling or renting out your pre-1978 home, provide prospective buyers or renters with information about lead-based paint hazards. Disclose any known details, such as the location and condition of lead paint, and provide the required lead hazard disclosure forms.

Lead Paint Removal

Lead-based paint was banned in the US in 1978, but it is still present in millions of homes, particularly those built before 1978. If you are planning on renovating or repairing a home that contains lead paint, it's important to be aware of the potential risks and the relevant laws and safety guidelines.

The Environmental Protection Agency (EPA) has enacted rules for pre-1978 homes, as renovation, repair, or painting (RRP) projects can easily create dangerous lead dust. The EPA requires that lead-safe certified contractors perform any RRP projects that disturb lead-based paint in homes, childcare facilities, and preschools built before 1978.

The average cost of professional lead-based paint removal is around $10,000 to $30,000 for a 2,000-square-foot house. There are several methods for removing lead paint, each with its own costs and benefits:

• Encapsulation: This method involves brushing or rolling on a specially made paint-like coating that creates a watertight bond and seals in the lead-based paint. Encapsulation is typically the least complicated and most affordable option, but it may wear off over time. Costs start at $1 to $4 per square foot.
• Enclosure: This approach involves covering the old surface with a new one, such as putting up new drywall or covering windowsills with aluminium or vinyl cladding. If the new surface is ever removed, the exposed lead-containing surfaces underneath will need to be dealt with. Expect to pay $6 to $12 per square foot.
• Removal: Techniques include wire brushing, wet hand scraping with liquid paint removers, wet sanding with an electric sander and a high-efficiency particulate air-filtered vacuum, or stripping paint with a low-temperature heat gun and hand scraping. Removal costs around $8 to $17 per square foot.
• Replacement: This strategy involves removing offending surfaces or features and installing new ones, such as windows, doors, or woodwork. Costs can range from $1,000 to $15,000 for a replacement project.

It is important to note that some states do not allow homeowners to remove lead paint themselves, and the EPA recommends having these projects done by a certified professional.

Lead Paint Safety

If lead-based paint is in good condition (no chipping or other damage), and no children under six live in or regularly visit the home, it may be safe to leave the paint untouched. However, if the paint is deteriorating or intact lead-based paint is on surfaces that children or pets come into contact with, it is important to take action.

The EPA provides guidelines for minimising lead paint exposure, including cleaning up paint chips immediately, regularly cleaning floors, window frames, and other surfaces, and preventing children and pets from chewing on painted surfaces.

Additionally, before buying or renting a home built before 1978, homebuyers and renters have the right to know whether lead-based paint is present and to receive information about potential hazards. Sellers, landlords, and real estate agents are required to provide specific information and disclosures about lead-based paint before a lease or contract is signed.

Lead Paint Testing

In 1978, the federal government banned the consumer use of lead paint in the United States. However, lead-based paint is still present in millions of homes, particularly those built before 1978. As such, it is important to be aware of lead paint safety and testing.

The Environmental Protection Agency (EPA) enforces lead-based paint laws and recommends the following options for lead paint testing:

• Assuming your home contains lead paint: In pre-1978 homes and buildings, the EPA states that this is the simplest and safest approach.
• Hiring a certified professional: A certified lead-based paint inspector or risk assessor can conduct an inspection to determine whether your home contains lead paint and where it is located. A certified risk assessor can also advise on any actions to take to address hazards.
• Using a lead test kit: A number of lead test kits are available for consumer purchase at local hardware stores and online. However, the Consumer Product Safety Commission (CPSC) advises exercising caution when using these kits. The EPA recognizes three lead test kits for use: 3M™ LeadCheck™, D-Lead®, and the State of Massachusetts lead test kit.
• Contacting a laboratory: You can also contact a laboratory recognized under the EPA's National Lead Laboratory Accreditation Program (NLLAP) for lead paint chip, dust, or soil sample analysis.

It is important to note that lead test kits may not always be accurate or reliable, and they are not recommended by the EPA to determine if lead-based paint is present in a home where a child under 6 resides. If you are a landlord, only X-ray fluorescence (XRF) or paint chip sampling are acceptable forms of testing.

XRF is considered the gold standard in lead paint testing, providing accurate and immediate results. It involves using a special handheld machine operated by a trained and certified lead inspector.

Paint chip sampling involves removing paint chips from various surfaces and sending them to an accredited lab for analysis. This method is the most accurate way to test for lead but can be slow, taking several days to weeks for results.

If you are considering a renovation or repair project, it is important to be aware of any potential risks from lead paint in your home. Working with an EPA-certified lead paint removal contractor can help ensure your project runs smoothly and safely.

Frequently asked questions