Pre-Renovation and Education Rule
Title IV Section 406(b) of the Toxic Substances Control Act (TSCA)
In the desire to improve the family living environment, many people seek the services of a home remodeler/renovator. If the residence was built prior to 1978, there may be a hidden danger lurking inside: lead based paint.
Children may face serious health consequences from an exposure to a lead hazard through unsafe remodeling methods. By disturbing lead based paint surfaces during home renovations, contractors may create a lead hazard in homes without realizing it. Activities like sanding, scraping, or use of a heat gun can introduce large amounts of lead dust, and fumes into the air, and this dust can remain in a living environment long after the renovation work has been completed.
The Environmental Lead Program division of the Rhode Island Childhood Lead Poisoning Prevention Program
oversees the licensure of those involved in lead remediation, renovation, and remodeling.
The Environmental Lead Program, also works in conjunction with the Environmental Protection Agency, (EPA), to encourage renovator/remodeler's, landlords, and others in residential real estate management, to comply with the requirements of Federal law, and State of Rhode Island Rules and Regulations concerning lead poisoning prevention.
To address this issue, in 1999, Congress enacted the Pre-Renovation and Educational Rule, [406 (b) of the TSCA], requiring distribution of the EPA pamphlet "“Protect Your Family From Lead In Your Home" Spanish by compensated home renovators to owners and occupants of most residential real estate built prior to 1978 (1978 was the year lead-based paint was banned for residential use).
The purpose behind the rule is to insure that families are made fully aware of preventative steps and measures relating to lead poisoning, before any renovation activity on the premises takes place.
Who does the Lead Pre-Renovation Rule apply to?
The Pre-Renovation and Educational Rule affects construction contractors, property managers, and other individuals who perform renovations for profit, (i.e. cash or services), which disturb more than 3 square feet of painted surfaces in Target Housing, including:
- Residential rental property owners/managers
- General Contractors
- Special Contractors, including: Painters, Plumbers, Carpenters, and Electricians.
- Applies to most private housing, public housing, federally owned housing, and housing receiving Federal assistance.
Housing and Activities that are EXCLUDED from the Lead Pre-Renovation Rule:
- Housing built after 1977.
- Work that is performed for free (e.g. no exchange of money, goods, or services) or work performed by Do-It-Yourselfer’s in their own homes.
- Emergency Renovations, (i.e., a hazardous non-routine situation
- Minor Repairs and Maintenance that disturb less than 3 square feet of paint surface area, (spot removal).
- Housing for the elderly (unless children live there).
- Rental housing that has been inspected by a certified lead inspector, and found to be “Lead-free”.
- Zero-bedroom units, such as efficiencies, lofts, and dormitories.
Legal Requirements
In order to meet the requirements of the law under the Pre-Renovation Educational Rule, a commercial remodeler/renovator must:
- Distribute the EPA pamphlet “Protect Your Family From Lead In Your Home" . If the pamphlet is being delivered by mail,
- Obtain a signature from owner or tenant on an acknowledgement form, confirming receipt or obtain a certificate of mailing from the post office, of the EPA pamphlet.
- If the renovation is being done in a “common area”, (a portion of a structure which is generally accessible to all residents or users), of a multi- family dwelling, the tenants must sign a renovation notice, which states that the residents have been made aware of the potential health risks involved, and that they fully understand this risk.
- Retain these records for a period of 3 years after renovations have been completed, as a record of compliance.
Think you have seen someone who is not complying with the Pre-Renovation Education Rule?
The EPA will follow up on, and investigate complaints from the public regarding violations of the Pre-Renovation Education Rule.
You can contact the EPA at 1-888-372-7341, or fill out
the on-line Pre-Renovation Education Rule Tip/Complaint Form, or view and print the document |
