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Do I have to worry about lead paint if I renovate?

QUESTION:

I remodel older properties in Cape Coral and I am concerned that there may be some reporting rules that I don’t know about. A handyman whom I know mentioned a new requirement about lead. What is that about?

ANSWER:

The Environmental Protection Agency, as of June 1, 1999, requires that all persons who perform renovations on housing built before 1978 must provide occupants with the EPA pamphlet, "Protect Your Family From Lead in Your Home." This is available from the National Lead Information Clearinghouse at 1-800-424-LEAD.

A renovator may deliver or mail this to occupants, or he may have a designated representative deliver it. If an occupant cannot be reached or simply refuses to sign an acknowledgment, the renovator can certify in writing that he attempted to deliver it, and provide an explanation of why a signed and dated acknowledgment was not obtained. Even in this case, a copy of the pamphlet must be delivered to the property.

Before the work begins, the renovator must obtain a statement that the pamphlet has been received. The statement, which must be retained for three years, must contain the address of the unit being renovated and the dated signature of the owner or occupant. The statement could read:

Renovators are defined to include general building contractors, carpenters, painters, remodelers and others who engage in property management. The term "renovation" includes the removal or modification of painted surfaces or painted components, surface preparation activity such as sanding or scraping and the removal of large structures. Window replacement is also included.

Excluded from the rule are small repairs and maintenance activities such as minor electrical work and plumbing that disrupts two square feet or less of painted surface.

There are other ways to exempt the renovator from providing the disclosure documents. A statement from a certified building inspector that the housing components included in the renovation are free of lead eliminates the reporting requirement.

The completion of common area renovations does not require an acknowledgment from each occupant, but the building owners must be provided with the pamphlet and an acknowledgment of the pamphlet’s receipt must be obtained from them. All the units must be notified in writing that the pamphlet is available upon request before the work is begun. The notice must include the nature of the work, expected start and end dates and information about how to obtain the pamphlet.

Renovators who do not follow these rules after June 1, 1999, can be penalized up to $25,000 per day. The EPA first issues a "notice of warning" to individuals to let them know they are out of compliance, and will give them an opportunity to come into compliance.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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