From: Steven C. Russo, Sive Paget & Riesel, P.C., More from this Affiliate
Published February 26, 2010 03:33 PM

New Lead-Based Paint Requirements from EPA

"In April 2008, EPA promulgated regulations governing renovations in target housing (i.e., any housing constructed prior to 1978) and child-occupied facilities. The rule was designed to ensure that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards prior to the commencement of renovations and to ensure that firms performing such work are certified and safe work practices followed.


Pre-renovation notice requirements had been in effect since 1999; the April 2008 simply specified a new pamphlet to be distributed to owners and occupants as of December 22, 2008.

However, the new regulations also require that, as of April 10, 2010, all renovations in target housing or child-occupied facilities be conducted by certified renovators and in accordance with specified lead-safe work practices. This represents a sea change in addressing lead paint issues in pre-1978 housing and child-occupied facilities. The term "renovations" is broadly defined in the regulations to include any "modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces" and includes such activities as modification of painted doors, window repair, and weatherization projects.

Significantly, and unlike the abatement requirements of New York City’s lead paint law, the EPA regulations go beyond rental housing and apply to work performed in co-ops and condominiums. Owners of rental properties performing renovation work themselves will need to be certified and ensure that the lead-safe work practices are followed.

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