Home Sellers and Landlords

If you are planning to do some renovation to your home before you sell, or if you are a Landlord, and your property was built before 1978, it may pay you to read on.

Starting April 22, renovations that disturb lead-based paint in older homes and child-occupied facilities must now generally comply with the Lead-Based Paint Renovation Rule of the Environmental Protection Agency (EPA).

Under the newly implemented rule, renovators of target housing built before 1978 must now be trained and EPA-certified to perform safe work practices to prevent lead contamination. Landlord's renovating their properties must deliver EPA's lead renovation pamphlet to their tenant within 60 days before a project begins (and, if mailed, at least seven days before a project begins). Renovators must also obtain the tenant's signed acknowledgment of receipt or substitute documentation as specified.

The EPA issued this rule in 2008, but delayed implementation until now. The rule generally applies to building contractors, handymen, residential landlords, property managers, and anyone else who is paid to perform renovations or to direct workers to perform renovations as specified. The lead renovation rule does not apply to homeowners renovating the homes they live in. However, sellers of target housing must, among other things, disclose to their buyers any known lead-based paint and lead-based paint hazards (C.A.R. Form FLD). Home buyers today are certainly more environmentally aware than ever, so when in doubt, it always pays to seek the advice of an informed real estate professional.

Renovation work covered by the lead renovation rule is defined as a modification of an existing structure that disturbs a painted surface, such as surface restoration or surface preparation activity. Excluded are minor repair and maintenance activities that disrupt up to 6 square feet of interior painted surface or 20 square feet of exterior painted surface. Demolitions and window replacements are not considered minor repairs.

If you need more information about the lead renovation rule, just email me and I will send you a legal article entitled Federal Lead-Based Paint Renovation Rule. You can also go to the EPA's Renovation, Repair and Painting webpage which includes the new requirements, pamphlets, and other resources. To locate an EPA-certified renovation firm contact me for a company nearest you, or go to http://cfpub.epa.gov/flpp/searchrrp_firm.htm.