If You Rehab An Older Apartment Building, the EPA Wants You to Treat It Like a Hazard Zone

If you own an apartment house built before 1978, take note. New laws affect how you will be making repairs and rehabbing any areas that have lead paint.

On April 22, 2010, the Environmental Protection Agency marked Earth Day by implementing new rules governing lead paint removal. Known as the Renovation, Repair and Painting program, the regulations dictate worksite practices, reporting procedures, and require training and certification of contractors.

Among the properties affected are all homes including apartments and condos built before 1978. Lead paint was banned in 1978, but before that time it was in wide use.

Get the Lead Out

Any interior rehabbing or remodeling that you undertake that exceeds 6 square feet is subject to the new laws. If the work is done to the exterior, the law affects any project covering more than 20 square feet.

The law stipulates how to prepare an area for work, including that it be sealed off with plastic to prevent dust from contaminating other areas. It also prohibits renovation methods that stir up dust such as sanding. And it not only requires that properties pass a White Glove Test when the renovation is complete, it also stipulates how the jobsite clean-up is to be performed.

The EPA estimates the new law will add $170 per job, but some contractors predict it will be several times that.

To achieve EPA certification, a worker must complete an 8-hour training course. At least one certified renovator must be onsite to ensure that the EPA's specific practices designed to prevent lead contamination are followed to the letter. If contractors don't adhere to the regulations they could be levied with fines up to $37,500 per day.

The law only applies to professionals. So if your tenant in apartment 1B is sanding away at the woodwork in her unit, she does not need to be certified.

Laws and More Laws

Like old paint, laws can go many layers deep. If your property receives HUD funds (or gets assistance from a local or state agency that touches HUD money) you must also follow the HUD's Lead-Safe Housing Rule.

Federal laws are not your only concern. New York City, for example, has "Local Law 1" that has its own repair and renovation requirements. It stipulates that apartment building owners must provide current and prospective tenants with information on lead and outline the landlord's obligation to fix lead paint hazards. In addition, building owners must complete an annual lead paint inspection of all units where children under age 6 reside. And the list goes on.

The point to keep in mind is... ignorance of the law is no excuse. It's vitally important you are aware of all laws and regulations governing your property.

Did You Know

• All contractors performing renovation and repair that disturb painted surfaces in homes built prior to 1978 must now be certified.

• More than 38 million homes contain lead paint.

• The older the building, the greater the chances for lead paint:

87% of homes built before 1940 have lead paint

69% of homes built between 1940 and 1960 have lead paint

24% of homes built between 1960 and 1978 have lead paint

• Lead poisoning can affect anyone, but children under age 6 are most susceptible.

• The physical damage caused by lead, including impaired mental ability, is irreversible.

You should follow me on Facebook, http://www.facebook.com/rementor