Thursday, April 22, 2010

Public Policy is Weak for new EPA Regulation on Paint Removal at Residential Dwellings

Public policy to support this new EPA regulation re paint removal in older residential dwellings was weak.  However, we recognize that this regulation is in effect as of today, April 22, 2010.
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Starting today, April 22, 2010, renovations that disturb lead-based paint in older residential dwellings and child-occupied facilities must generally comply with the Lead-Based Paint Renovation Rule of the Environmental Protection Agency (EPA). 
 
REALTORS® acting as listing agents or property managers who advise their clients to perform renovations, repairs, or painting projects for such properties may, as a matter of prudence, also want to inform them about these lead renovation requirements.  One common example is when a listing agent recommends that a seller has a home painted to improve its marketability.
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. 
 
Additionally, renovators must deliver EPA's lead renovation pamphlet to an occupant within 60 days before a project begins (and, if mailed, at least seven days before a project begins).  Renovators must also obtain the occupant'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).

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.
 
For more information about the lead renovation rule, see article entitled Federal Lead-Based Paint Renovation Rule
 
See also EPA's Renovation, Repair and Painting webpage that has new requirements, pamphlets, and other resources.   To locate an EPA-certified renovation firm, go to http://cfpub.epa.gov/flpp/searchrrp_firm.htm.

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Harrison K. Long, REALTOR® & broker, Explore Group, Coldwell Banker Previews, Irvine, CA.  CA DRE #01410855.  ExploreProperties@gmail.com.  Lawyer member, California State Bar Association #69137.  National Association of Realtors, California Association of Realtors, and Orange County Association of Realtors.  Current Chairperson of Local Government Relations south committee at OCAR.org.  Newport Beach and Irvine area Realtor, broker agent and property information source. 

Public officials should use good sense when implementing new policy and regulations of private property, especially for those involving contractors, the construction industry, real estate and our economy.  This new EPA regulation on paint removal is without such good public policy.

Posted via email from Explore OC Homes

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