New Federal Lead Regulation Affects Contractors, Property Managers, and Maintenance Personnel

A new EPA regulation requires renovators, working for compensation, to distribute a pamphlet to owners and occupants of most housing built prior to 1978 before starting work. The pamphlet, entitled Protect Your Family From Lead In Your Home, illustrates how families can protect themselves from lead-based paint hazards in the home.

Am I affected by this new regulation?

Residential property owners and managers, general contractors, special trade contractors, including painters, plumbers, carpenters, electricians, and maintenance personnel are affected by the new regulation. The Lead-Based Paint Pre-Renovation Education Rule (Lead PRE) became effective June 1, 1999, and applies to you if, for example, you are a painter, plumber, or a carpenter, and your job requires that you disturb more than two (2) square feet of painted surface.

How do I comply?

To comply, you must give the owner of the housing a copy of the pamphlet and obtain acknowledgment of receipt before renovation starts. If the housing is tenant-occupied, you must also provide a copy of the pamphlet to the tenant and obtain acknowledgment of receipt. If the renovation is planned in a common area of multi-family housing (e.g., lobby, hallway, laundry room), you must provide all residents of the building information on the timing and extent of the renovations and provide the pamphlet on request. All documents must be retained for three (3) years following the completion of renovation activities.

What kinds of work are excluded?

Specific exclusions from this requirement are activities that are less likely to pose a risk of exposure to lead-based paint, dust or other lead hazards. Minor housing repairs and maintenance activities, emergency renovation operations, and renovation activities that take place in housing that has already been determined by a certified inspector to be lead free are examples of these exclusions.

Why did EPA develop Lead PRE?

Under Title IV of the Toxic Substances Control Act, Congress directed EPA to address the public’s risk of exposure to lead-based paint hazards through regulations, education, and other activities. EPA developed Lead PRE in response to congressional concerns that potential lead exposure risks could occur during renovations of housing containing lead-based paint. Congress believed that informed owners and occupants of housing slated for renovation could act to avoid lead exposure to themselves and their families.

Why should I be concerned with Lead PRE?

Having demonstrated knowledge of lead requirements and safety practices can mean more business for you. In addition, distributing the lead pamphlet to your customers and tenants can help them protect themselves and their children from the hazards of lead-based paint. Importantly, complying with Lead PRE is required by law. Taking the proper steps can help you avoid potentially significant civil (monetary) and criminal fines and penalties.

During the first year following the effective date of Lead PRE, EPA will focus on compliance assistance to ensure that the regulated community is aware of these new requirements. In addition, EPA will investigate any tips and complaints received and take enforcement actions as appropriate (contact EPA Region 10 at 1-800-424-4EPA to report tips and complaints).

Where can I obtain more information on Lead PRE?

Further information is available from the National Lead Information Center (NLIC) by calling 1-800-424-LEAD or the EPA web site at

www.epa.gov/lead

. Available resources include:

The Lead-Based Paint Pre-Renovation Education Rule: A handbook for contractors, property managers, and maintenance personnel (EPA-747-B-99-004)
Full text version of Lead PRE
Fact sheets and Q&A’s about Lead PRE
Interactive software that guides the user through Lead PRE requirements
Interpretive guidance which provides more detailed information on Lead PRE

Where can I obtain copies of the pamphlet and sample notification forms?
Single copies of the pamphlet are available in both English and Spanish from the National Lead Information Center (NLIC) by calling 1-800-424-LEAD. Multiple copies may be purchased from the Government Printing Office by calling (202)512-1800. Reproducible copies are available from NLIC or the EPA web site at www.epa.gov/lead.

Sample notification forms are available in the compliance handbook entitled The Lead-Based Paint Pre-Renovation Education Rule: A handbook for contractors, property managers, and maintenance personnel (EPA-747-B-99-004) which can be obtained through NLIC by calling 1-800-424-LEAD and the EPA web site at www.epa.gov/lead.

Local Resources
In Alaska, Idaho, Oregon, or Washington, contact the EPA Region 10 Lead Coordinator at 1-800-424-4EPA for more information. If you work in Oregon, you may also contact the Oregon Health Division Lead Line at (503)731-4500 for information on local lead regulations.

New Federal Lead Regulation Affects Contractors, Property Managers, and Maintenance Personnel

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