Rule on Lead Paint Renovation Certification

by Jan Steward, AAR Risk Management Specialist

Updated January 2011 - Originally Published June 2010

NOTE: This article was corrected on January 12, 2011 after its original publication in June 2010. Footnote 2 was changed from "A property built 1978 or prior" to "A property built prior to 1978."

REALTORS® and Brokers need to understand the EPA’S rule, which was effective after April 22, 2010, to properly disclose and advise their clients.

Basically, the new rule requires the certification of contractors and firms who renovate most properties:
(residential; single family; apartments; all facilities for child care, such as daycare, schools, etc.)¹   Renovations in sizes greater than 6 sq. ft. interior and 20 sq. ft. exterior fall under this regulation. Any time paint is disturbed, dust particles are released, and certified contractors must perform their work according to the new standards as outlined by the EPA. A certified contractor follows the guidelines of a four-step process when working on lead-based paint properties: ²

1. Contain the work area
2. Minimize lead paint dust
3. Clean thoroughly when completed
4. Verify cleaning  (to the required standard)

An owner may perform work on their property without certification. The rule of thumb is that anyone who receives compensation must be certified.

Property Managers need to understand the new rule for disclosure and hiring of services. Any firm or contractor performing work on a property within the prescribed age for lead-based paint disclosure must be certified. If the property management company performs the renovations, they also must be certified.  Again, the rule of thumb is anyone being compensated must be certified.  An example could be that of a tenant who wants to perform their own work and rents are reduced for the effort (i.e., compensation) so they must be certified.
 
Visit NAR’s information page on the Lead Paint Renovation Rule for video presentations on the new rule, FAQ’s and the certification process.  For further information, visit the EPA’s website at www.epa.gov/lead.