You may own a home and/or other investment real estate. For most people, your home is your single largest investment. You may want to protect that real estate investment and also want to protect you and your family’s health.
If your home or other real estate investment was built before 1978, it most likely has been painted with lead based paint. As such, you should minimize the amount of exposure that the occupants have to this toxic substance. The United States Environmental Protection Agency (EPA) warns us that common renovation activities like sanding, cutting and demolition can create hazardous lead dust and chips by disturbing lead based paints, which can be harmful.
Because of this, the EPA has issued a new rule starting April 22, 2010 to protect against this risk. This rule requires the use of lead-safe practices and other actions that are aimed at preventing lead poisoning. It requires paid contractors performing any renovation, repair and painting projects that disturb lead based paint to be certified to prevent lead contamination.
This rule generally applies to residential structures and child-occupied facilities built before 1978 when lead paint was outlawed. “Child-occupied facilities” are defined as residential, public or commercial buildings where children under age six are present on a regular basis. This would include preschools, daycare centers and even homes in which you regularly provide daycare.
Certified contractors must use specific lead-safe work practices and follow three simple procedures:
Contain the work area.
Minimize dust.
Clean up thoroughly after the project is completed.
To become certified, the contractor must take an eight hour training course from an EPA approved training provider. Ask your contractor to provide that certificate to you prior to performing any work.
This rule generally does not apply to minor maintenance or repair activities where less than six square feet of lead-coated surfaces are disturbed inside, or less than twenty square feet are disturbed outside. Any window or door replacement is not considered minor maintenance and repair.
You may own rental real estate which is residential or is a child occupied facility. If so, even if you do your own work and do not pay a contractor, the rule also applies to you. You must be certified before you can perform any work on your own properties that could disturb lead based paint. In addition, you must provide to the occupants a copy of the EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information For Families, Child Care Providers, And Schools which is available on the EPA’s website. When doing any of this type of work on your own properties, you must also document that you complied with the EPA requirements. The EPA provides a form on their website for such documentation.
On the other hand, if you are a homeowner performing your own renovation, repair or painting work in your own home, the EPA’s rules do not yet cover your project. However, you do have the ultimate responsibility for the safety of yourself, your family and other children who may be regularly present at your home.
If you are living in a pre-1978 home and you plan to do your own repairs, before you start the work please review a copy of the EPA’s pamphlet noted above. You may still want to follow the lead-safe practices, even though you are not required to comply.
By following the rules of safe renovation, you can protect the investment of your real estate and the health of you and your family and others that may be present in your real estate. You can find additional information regarding renovating, repairing and painting pre-1978 real estate on the EPA’s website at HYPERLINK “http://www.epa.gov/lead/pubs/renovation.htm” www.epa.gov/lead/pubs/renovation.htm.
By Matthew M. Wallace, CPA, JD
Published edited July 25, 2010 in The Times Herald newspaper, Port Huron, Michigan as: Protect real estate investments from lead liability