Lavier Enterprises ~ Industry News

AWARDS
*****

ORA/NARI
1998
Contractor of the Year Award,
Residential Interior

NARI
National Assoc. of the Remodeling Industry
1999
Regional Contractor of the Year Award,
Residential Interior Region VI

News About Remodeling and
the Construction Industry

Remodelers Required to Distribute Lead-Based Paint Pamphlet Before Renovation Projects
Pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, and more specifically, section 406(b) of the Toxic Substances Control Act (TSCA), EPA issued a final rule on June 1, 1998, requiring renovators to distribute a pamphlet entitled, "Protect Your Family from Lead in Your Home," to the owners and occupants before renovating target housing for compensation.

Regulated Entities
Renovators are defined as any person who performs renovation for compensation such as general building contractors, renovation firms, individual contractors, specialty trade contractors, home improvement contractors, etc. Other regulated entities include property management firms, and some landlords.

Renovation
Renovation means the modification of any existing structure, or portion thereof, that disturbs painted surfaces, unless that activity is part of an abatement project. Renovation includes but is not limited to:

	the removal or modification of painted surfaces or components including surface preparation;
	the removal of large structures including walls, ceilings, large surface replastering, major replumbing; and,
	window replacement.

Target Housing
Any housing built prior to 1978, except housing for the elderly or persons with disabilities (unless a child under six lives there) or any 0-bedroom dwelling (efficiencies, studio apartments, etc.)

Exempted Activities

minor repair and maintenance activities (including minor electrical and plumbing work) that disrupt two square feet or less or painted surface per component (de minimus rule)

emergency renovation operations (necessitated by non routine failures of equipment resulting from an unexpected event that presents a safety or public hazard or threatens equipment and/or property with significant damage)

renovation in target housing with written determination by a certified inspector that the affected components are free of lead paint or other coatings that contain lead.

Delivery Requirements
The renovator must provide the pamphlet to the owner and obtain a written acknowledgment that it has been received. This can be a separate., document or part of the service agreement. Ina rental unit, an adult occupant must sign acknowledgment. If a signatory is unattainable, specific documentation must be made by the renovator and the pamphlet must be left in or at the unit prior to renovation. Sample language is provided in the rule.

Paperwork Requirements
All records necessary to demonstrate compliance (including lead-free inspection certifications, signed and dated acknowledgment statements, certifications of attempted delivery, and common area notification records) must be retained for a period of three years after the completion of the renovation project in target housing.

Enforcement
Violators of this rule, § 406(b), under the TSCA may be subject to both civil and criminal penalties. Civil penalties can be up to $25,000 per day per violation. Criminal penalties can be up to $25,000 per day per violation and imprisonment for up to one year for each violation. EPA is developing an "Enforcement Response Policy" to provide some flexibility to the enforcement process, including warning notices and opportunities for compliance.

Effective Date
June 1, 1999.

Help from NARI
We are pursuing different possibilities to assist members in compliance with this rule (e.g. pamphlet production, distribution and training programs).

from the NARI Website

News About Remodeling and the Construction Industry

News About Remodeling and
the Construction Industry