Augie 
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The rules for renovating pre-1978 homes are changing and failure to comply can carry stiff penalties. My friend Ron Deviney of R & J Properties, LLC in Volusia County Florida shared it and I want to share it with our readers. If you’re a rehabber, flipper, or landlord this may affect your business.
The US Environmental Protection Agency (EPA) has new lead paint laws going into effect on April 22, 2010. The new lead paint laws require any renovation work performed on houses built before 1978 to be performed by a certified contractor. Obviously his new law is causing some serious moans and groans from both home owners and contractors. Contractors will be required to provide home owners the Renovate Right Brochure which contains useful information about the new law.
Lead Renovation, Repair and Painting Law
The new lead paint laws that goes into effect on April 22 involves training and certification of remodelers, safe work-site practices, verification and record keeping. It’s very important to understand that the new law pertains to projects on any house built before 1978 with a few exceptions as follows:
- The home or child occupied facility was built after 1978.
- The repairs are minor, with interior work disturbing less than six sq. ft. or exteriors disturbing less than 20 sq. ft.
- 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.
- If the house or components test lead free by a Certified Risk Assessor, Lead Inspector, or Certified Renovator.
What Does The New Law Mean To You?
You’re probably wondering what this new law might mean to you and your next remodeling project. The obvious answer is a healthier home for you, your family and people that perform renovations to your home. The other obvious answer is an increased cost for contractors to adhere to the new rules which ultimately means an increased cost to you.
Over the last few months I’ve heard several small contractors say they will steer clear of and avoid older home renovations. A significant amount of small replacement window contractors will most likely go out of business and stop providing inexpensive window replacement services. While we think the new law is important in protecting public safety we also know it will result in much higher prices for consumers and less competition for consumers.
If you hire a contractor to do a renovation in your home that was built prior to 1978 be sure you hire a certified contractor. You should ask to see your contractors RRP certification prior to hiring them. Contractors performing work without the certification face penalties of $37,500 per day!
New Law Will Take Time To Work Effectively
With over 38 million homes containing lead paint in the US no one can argue the importance of good lead paint laws. However, from the few meetings and conversations I’ve had it’s clear to me that this is going to take some time before it’s very effective. Most of the literature and training has left contractors confused, upset and frustrated. However, with time these new laws will become part of everyday routines for contractors and ultimately help save lives. We certainly hope the EPA works quickly to fill in the blanks and help contractors implement this new law.
Thanks Ron!
Link to this page
wow,I must have missed the news break on the epidemic of lead related deaths..The EPA (government) has nothing better to do than make new laws that will do nothing more than cost people jobs and money in an already hurting economy. Yes lead can be dangerous, but to mandate lead training at $300.00 per person for the course with and addition $300.00 for the certification. Yes business will go out of business and probably put small EXPERT painters out of buisness so large commerical BLOW and GO painters and rape the customer..I hope people flood their representatives emails and mail boxes and answering machines with anger about this. Pretty soon you wont even be able to mow your own yard with out a 500 permit to use small gas engines or some other crap.
I appreciate your response Mike! As a small business owner and landlord, this kind of government interference, if not totally inappropriate, is certainly ill-timed. You have too ask the question; “if Congress wants to promote affordable housing, why are they jacking up the cost of housing by adding yet another tax in the form of a safety requirement?” Lead paint was outlawed 32 years ago. how many of those surfaces have not yet been repainted thereby encapsulating the lead? I can appreciate the potential hazard in releasing it during a renovation project but if there is already a Lead Paint Disclosure requirement, then shouldn’t the person signing it be responsible for making heir own decision? Thanks for sharing your thoughts…
Augie
We just read through the implementation rules for the Lead Paint Abatement and what we as contractor’s need to do. We will be taking the required class for contractor’s this month.
It leaves me scratching my head, though, that in our ever green quest for reuse and recycle, the Lead Safety “Shopping List” includes Heavy Plastic Sheeting, paper, heavy plastic bags and 16 other items I need to buy to be in compliance. I do believe it is critically important to protect homeowners and my workers, however, wrapping all windows and doors with heavy sheeting just to dispose of it seems somehow, a step in the wrong direction. As does being unable to use a piece of plastic sheeting to block off a room more than once.
Hi Jane,
I couldn’t agree with you more. It seems counter intuitive with the greening of America that materials such as these would be the order of the day. The safety of workers and children is important, so is not bankrupting the country, landlords or homeowners. Adding to the already excessive amount of debris that will be with us for centuries doesn’t see the right answer. Thanks for your post!
To your success…
Augie
I suppose one way to drive construction work is to push it with regulatory compliance. I know we need to care for these issues, but common sense should rule.
Keep in mind, the fines could be doubled if they determine a violation is willful…
If you’ve been certified, any violation could be considered willful according to the instructor of the training class I took. That could mean $65,000 per violation.
Also, be careful of the 6 s.f. trigger for interior renovations, certain conditions could trigger it just by penetrating a wall.
Thanks for the insight! You are tight, everyone needs to be mindful of the 6 s.f. trigger for interior renovations.
Not only are contractors annoyed and confused! This new law is frustrating. Its bad enough most of us are struggeling, now we have to pay more to paint the outside of our house, or get it cleaned etc. No one will touch my victorian house now, and forget selling it. Who wants to buy it unless I spend $20,000 to strip it or vinyl side it which is not historically acceptable! I can’t afford to have my entire victorian scraped and painted. I usually do the first two floors and hire someone to do the 3rd. Now not only can I have to spend more money. Saying I’m pissed is only putting it lightly.
Lead paint certainly can have serious effects on children and maybe some adults….but is this the way to correct the issue.
There are thousands of small housing providers that are being effected. Many are Landlords trying to suppliment their income for retirement. What are they to do. Most of these folks are hanging by a thread with the Banks now. This will push a number of the them over the edge and into forclosure.
Thus fare i have not found a local trainer. So, besides the $300 for the cournse, there is travel expense, etc. This can not be the way to fix this issue.
Is anyone listening?
This will kill the contracting business, destroy the value of older himes, make lawyers ruch and clog our courts with lawsuits. I love our government!
I can’t help but wonder if the lead poisoning cases reported in the United States (for that matter the world) are more a result of homes being unmaintained. Low income housing, slumlords? This law will probably only add to the number of paint chips available to children in these already neglected homes. any contractor worth there beans cleans up daily and thoroughly upon completion. If owners can’t afford repairs now how can we justify more bureaucratic costs on top of already skyrocketing prices. Why not just call a spade a spade and raise taxes to create more revenue.
Thanks Kristopher,
You know what they say, “if it looks like a duck and quacks like a duck…”
Its just more governmental interference.
The EPA is just grabbing more power and taking away more liberty by frightening people.
I was born in 1950. I wonder how I managed to survive to adulthood with all the lead paint and lead in gasoline that I lived with all through childhood.
Now they can hire another million gov’t workers to keep an eye on everyone who remodels his bedroom. And of course tax us to pay for it.
The lead scare thing has gotten completely out of control.
Dioxin is a far greater threat.
Dan
It is always nice to get a bit of extra knowledge when renovating (or planning too). If you want a few expert tips, I also recommend checking out Masterrenovator.com, the site is full of good information on things that can keep you out of trouble.
What aggravates me is Congress passed legislation in 1992 directing the E.P.A. to propose the regulation, but the agency did not finish the rule until 2008, after environmental and public interest groups filed a lawsuit to pressure the agency to issue it. If it is so critical, why was it delayed for 18 years – that’s a ton of kids growing to adulthood.
http://www.nytimes.com/2010/04/09/health/09lead.html
Did somebody say oil spill? EnvironMENTAL Protection should stick to environment and leave housing codes to states.
Phil Hanner
John Williamson is right, the people who stand to benefit the most from this are the lawyers and courts.
They say the legal action that will come from the BP oil spill will be the most complicated legal case in US history….so it sounds like there will soon be a lot of work out there for lawyers.
its a tax
We are seeing a lot of pre-1978 homes entering the market as REO’s and most are in sad shape. This segment of the housing inventory sorely needs renovation but at what cost? I’d wager a lot of eager new real estate investors will be purchasing these homes and be unaware of the now higher costs required.
I also have a lot of DIY clients that will now be scofflaws. Why should we be penalizing these folks?
I’m really outraged about the new rules and regulations regarding the “EPA” RRP.” I’ve taken the proper steps to become certified and firm certified, but what bothers me the most is, there’s still a lot of speculation in certain procedures that really aren’t clearly outlined.
So, in my honest opinion, It’s going to be real hard to be 100% complient.
Furthermore, the economy is still struggling to stay afloat and for homeowners still wanting exterior work like siding or windows, it’s going to cost a whole lot more than before.
It’s really going to be hard for the home improvement companies out there – something really needs to change here!!!
You guys starting to figure it out? This administration will tell you that they care but they, through the agencies will enact rules that will send you to the poor house. The goal? Make more people NEED them and consequently vote for them again. The real question is where did the EPA get the authority. I have seen statments about an over 20 year old law. We need to stop this game now
Great blog! After reading the first 2 words I learned a lot! Keep up the good work.
We just had a situation come up today about lead paint. It’s pretty common in our neighborhood, with the older homes… It’s nasty stuff!
I guess we will leave our home unpainted. Time to scrub off those lead paints from our homes.
Hi Guys,
I am a builder from London, UK, and we have had the same regulations over here for a long time. It is important to remember that it is only in the case where you burn off the paint that it becomes a real problem. Over here the law dictates that we should use a solvent-based/caustic paint stripper, or choose a water-based, solvent-free paint remover when working with lead paint, primarily found on old windows. Alternatively you can use a hot-air gun to soften the paint, rather than burn it off (as this releases fumes).
I am entirely sure where all the anger stems from as working in a safe environment when working on any type of refurbishment must be in everyones interest. Or am I missing something here?
Martin, Preisler Construction Ltd.
London
” You’re probably wondering what this new law might mean to you and your next remodeling project. The obvious answer is a healthier home for you, your family and people that perform renovations to your home. The other obvious answer is an increased cost for contractors to adhere to the new rules which ultimately means an increased cost to you. ”
I wonder why this has only been approved now. Or this law hasn’t been reviewed by the government. I’m sure contractors and home owners wouldn’t want to get bothered by this. Okay, most family would agree to this. But the, some families would simply wouldn’t care. Believe me, we experienced that. But lead is too harmful for kids so it’s very important to implement this law.
I have to agree with Martin. Lead poisening is a real and serious threat (especially to children) and the effects of it can sometimes take years to show, so this new law is in essence a good thing. On the other hand, the fact that the literature has left contractors confused and frustrated is definitely not a good thing. I hope that these type of teething problems will soon me resolved.
Jason Allen
Some regulation is not a bad thing. Hiring a contractor is a very difficult process and recourse if the project goes awry is difficult or impossible. Many occupations and professions have regulations and certification processes – medical, legal, financial, the trades – so why not contractors especially when dealing with child safety and safe home environments?
I don’t think the cost will go up too much if the certification process isn’t too onerous, and the benefits are skilled and knowledgeable contractors dealing with pre-1978 homes.
It will also result in opportunity for contractors – those who carve out a niche business in renovating pre-1978 homes. The more they work in this area, the better and more skilled they’ll be. This will result in better work across the board, albeit at higher prices if specialization occurs extensively.
The challenge with regulation is that if frequently creates unintended consequences. There is a high likelihood that values of pre-1978 homes will be negatively impacted due to the stigma created by the regulations. Additionally, increasing operating expenses for landlords will have a de facto impact on rents. Is this really about safety or about an additional tax on the poor. Do the wealthy rent older homes?
I believe safety is critical and in the right perspective can be provided through eduction rather than excessive regulation. If people encapsulate lead paint by simply re-painting and sealing in the offensive product the danger is mitigated. Maybe not 100% but to a relatively high degree. There must always a cost benefit analysis. If left to their own devices our elected officials could regulate us right out of our freedoms.
Thanks for your comments.
Happy investing.
“The other obvious answer is an increased cost for contractors to adhere to the new rules which ultimately means an increased cost to you.”
This was the very first thought that came to mind. I’m planning on getting some renovations done in the next few months and I’m sure this will hit my pockets. I guess it’s all health and safety I suppose which at the end of the day isn’t the worst thing, but it adds to the cost none the less. Thanks for the informative article. Good to know.
All the best
Bill Jenkins
Webmaster, BestLawnMowerReviews.net
It is another legislative cost and candidly, if parents would teach their kids not to eat the paint, I think we’d all be better off. When many of us grew up all there was, was lead paint. I don’t recall a massive outbreak of lead paint related issues and while I appreciate that there can be the occasional problem, I have to ask if the cure outweighs the cost, especially in light of the fact that over time all lead paint will be encapsulated in latex paint, vinyl siding or simply demolished.The fact that virtually any repair to a surface with lead paint falls under this law is very costly at a time when negative economic impacts have an even more severe consequence on the national economy and the small business owners who provide housing. Once again I think the government has used a bazooka to kill a flea.
I think this is a good law to introduce, we all have the right to live in a healty home but as you say the EPA will need to fill in the blanks pretty quickly if this is actually going to be effective.
I wouldnt want to be a contractor right now, thats for sure!
I agree with Blake!!
Dr John Fornetti
The said Law is great. I like its nature. There is no bad effect for me I think.
Totally agree with Augie, focusing on good parenting could help alleviate many of societies problems!
Imagine being able to practice your profession and then being told there is a new law requires you to replace your current equipment at 30% to 50% more cost and even though you replace the equipment, the value of your business will be negatively impacted? You are right this particular law may not impact you but it does impact an industry. Yours could be next…
The question is does the cost out weigh the benefit. That is a question we all need to examine. The country is undergoing huge financial burdens, spending money it doesn’t have and legislating like there is no tomorrow. Enacting legislation that serves to significantly increase costs with only marginal benefit, if any, seems incongruent with the nation’s best interests.
Given the weak housing market, attempting to charge customers higher prices could backfire.
I have to agree. The regulation is a little much. I have been in violation of this law many times with rentals I own. I also agree that it is the parents responsibility to take care of their kids. I feel it all comes down to additional taxes, fees, whatever you want to call it. It would not be economically feasible to do many of the renovations I do if I had to follow this law. I do try to encapsulate, meaning to paint over completely, not leaving access to the supposed lead paint. It is cheaper than scraping or refinishing. I don’t know if this is actually legal in regards to this law but have heard it is.
I am not trying to “game” any system. I do provide safe and adequate housing at a reasonable price. That the government thinks I am not capable of doing the right thing is supremely insulting. That is the reason I invest in real estate, I have no faith in the government to do the proper thing. Anyway, thanks for letting me rant, I am usually too busy working on my retirement to think of silly laws.
Hi Eric,
Your rant is more than welcome. You, like many other small business owners, are trying to do the right thing and the government (who allowed lead paint in the first place) now create a law that is costly to obey. We obey it and the affordable housing the government want becomes less affordable. This law, while well intended punishes the many to protect the few. Honestly, while I might be over-simplifying, it just doesn’t add up to a fiscally responsible way to serve the country.
To your successful retirement…
Augie
When cost rise prices tend to go up or people go out of business. I realize that rising prices in a tight economy cause sales to slow, maybe Congress doesn’t see it that way.
You are very grounded in your niche.I must say you have a excellent website you have here. Keep up the good work!!!
Hi Augie, you have a very lively topic going here. I’m not a professional, but rather a consumer. Average Joe American. However lead toxicity in older homes is something I have personal experience with. My wife is a public health nurse in a neighboring county.
Quite often she comes home with another frightening tale about some toddler who got hospitalized for mysterious symptoms that turn out to be lead poisoning. Babies just have this natural tendency to put everything in their little mouths. They will knaw on the darndest things(think door jams). So it is a valid concern.
However, I have to agree with some of your commenters that our wonderful(ahem) government delights in coming up with new ways to stick it to us. I even tend to believe they are using genuine health dangers to take away more of our already eroded freedoms. Anyone care to add to that? John
HI John:
My only issue is that the government chooses to swat a fly with a howitzer. While we don’t want anyone harmed, don’t parents bear some of the responsibility here? They could simply encapsulate any questionable surfaces with a couple of coats of non-toxic latex as one simple solution. Another would be for tenants with small children to choose not to live where there is a risk of lead paint thereby putting the onus on landlords to make their properties lead free at their own choice as they renovate and upgrade their properties. I think it would be less costly to educate the public than to add more burdens to housing providers. There are probably many other less costly alternatives that don’t require federal involvement in the affairs of the private sector.
To your success…
Augie
Hi Augie, thanks for listening to my comment.
I agree with you that both tenants and landlords could take more responsibility and clean up on their own. I’m afraid though that the mentality of ” it’s not my job” is all too pervasive in my local area. I suspect it is that way everywhere.
Our illustrative politicians have done their jobs well. People are expecting it all to be done for them, just handed over on the silver platter. Do you think that Washington all the way down to local government is really interested in educating us? I wish it were true.
Thanks, John
John, as I see it, education and character development are grassroots up initiatives rather than a Washington down responsibility. We lead by example and every movement that has ever been successful began with a single person and then expanded. It begins with the electorate not the elected. I sense your frustration and can only respond that the trouble with socialism is that, “sooner or later you run out of other people’s money.”
To your success…
Augie
Augie, we HAVE run out of other people’s money. Exactly the reason why any new bill the governments pass or try to get passed is to be viewed with suspicion. I’m not saying that it is all bad. Some legislation is legit and badly needed. I also would like to see a groundswell of public activity to care for our eroded and fractured infrastructures. I’m referring to our personal dwellings and our publicly used assets.
As for myself, my own part in this remedy has begun.
Warmly, John
wow this law really kills painters services like me but just fine coz in the long run many can benefit though really a headache
In an earlier response post by Augie, what he said rings true with me. Augie said, “I can appreciate the potential hazard in releasing it during a renovation project but if there is already a Lead Paint Disclosure requirement, then shouldn’t the person signing it be responsible for making their own decision?” What I agree with is that the signee should be responsible for it. This is similar to an experience I had when I sold my house. The issue was the buyer wanted me to pay for a radon mitigation system or he wouldn’t buy the house. I was so angry with this because when I owned the house it was my decision to live with the low levels of radon. I equated this demand by the buyer with him making me paint the walls green or else he would back out of the sale. Painting the walls green and mitigating radon is a PERSONAL CHOICE, and should not be put on the shoulders of the seller. You want green walls? Well paint them yourself when you move in. You want the radon mitigated? Do it yourself after you move in!
The radon and lead paint issues are similar. They are both hazardous to live with, that’s a given. But if you know about the problem up front and want it fixed, fix it yourself. It is unfair to have the wishes of one party be forcibly carried out by another party who personally had not problem living with it.
this new law is tough to many requirements
I disagree with everyone who complains about this new law.
And I’m sure everyone who disagrees with this new law are the same people who are looking to cut corners and do “shotty” remodeling work. The same people that forgo getting proper municipal sign offs (or whatever it’s called in USA) and gov’t approvals for build.
I realize not everyone is what I just described. And I DO realize that the above probably sounds aggressive…It’s just that I have so much experience with people wanting the CHEAPEST option when it is almost never the best option…Laws are laws are there for a reason…
And it seems like a stupid hoop to jump through to get your remodel done. But in my experience getting a certified contractor ends up cheaper anyways because they do the damn job properly the first time instead of crap job and duct tape ten times over.
I mean, seriously, due your due diligence: “If you hire a contractor to do a renovation in your home that was built prior to 1978 be sure you hire a certified contractor. You should ask to see your contractors RRP certification prior to hiring them. Contractors performing work without the certification face penalties of $37,500 per day!”
Sorry for the rant.
Thanks for the post Augie.
Fred
Two observations about this law. Someone has a real good lobbying group to require certification for something so simple. Just weeds out the competition for certain contractors. Second, how much paint would someone have to consume to really make that much of a difference? When I was a kid we played with metal soldiers that were painted with lead. I remember some kids putting them in their mouths. I guess these people are brain-dead now? Not to mitigate the issue but really where does the common sense begin and end?