NAHB HAS MEMBER RESOURCES TO ASSIST REMODELERS WITH LEAD RULE COMPLIANCE

NAHB Has Member Resources to Assist Remodelers with Lead Rule Compliance

With the U.S. Environmental Protection Agency stepping up inspections and enforcement actions on contractors working in residences subject to the Lead: Renovation, Repair and Painting rule, NAHB has developed members-only resources to help remodelers with lead rule compliance.

Remodelers working in pre-1978 homes must comply with the rule — which includes becoming an EPA-certified renovator and following the lead-safe work practices required under the regulation — or risk fines of as much as $37,500 per violation per day and litigation.

Be Aware and Be Ready

The EPA’s regional offices have begun inspections and are initiating enforcement under the lead rule. Last month, enforcement actions were initiated against a Rockland, Maine, contractor whose employees were caught on video scraping paint from the side of an older home without using lead-safe work practice and otherwise complying with the rule.

All contractors — remodelers, HVAC contractors, window replacement specialists, etc. — working in pre-1978 housing units where painted surfaces are disturbed, must understand the requirements of the lead rule and be able to demonstrate compliance to an EPA inspector.

NAHB has learned that inspectors are requesting three years of records from firms under investigation.

These records include:

§         Signed copies (by the home owner/tenant of applicable projects) of EPA’s Pre-Renovation Disclosure Form, affirming they have received pre-renovation education from the EPA's "Renovate Right" pamphlet. This requirement pre-dates the lead rule and remodelers need to have three years of applicable records on file. 

§         A copy of “Firm Certification” by the EPA or an EPA-delegated state and a copy of “Certified Renovator Certificate,” also issued by the EPA or delegated state. Remodelers must have both these certifications on file and all certified renovators must be employed by a certified firm. Failure to have both these certifications can result in fines. To learn more about how to achieve these certifications, click here. 

§         A copy of the certified renovator’s report for each job subject to the lead rule. This includes information on any EPA-approved pre-renovation test kits used only by the “certified renovator” to determine applicability of the lead rule and the sample record-keeping checklist.

Compliance Resources

The member-only resources — which can be found at www.nahb.org/leadcompliance — include downloadable documents such as:

• A sample lead paint rule compliance checklist
• S ample contract language
• A pre-renovation disclosure form
• A sample record-keeping checklist, and more

For more information on the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins at NAHB, or call him at 800-368-5242 x8327.