LEAD PAINT HAZARDS IN RENOVATIONS

The Environmental Protection Agency has issued a new rule designed to give notice to owners and tenants of renovated property concerning the hazards of lead paint. The rule, which becomes effective June 1, 1999, covers virtually all houses and apartments built before 1978, when lead paint was banned.

A "renovator," defined broadly as anyone who performs a renovation for compensation, must distribute notification pamphlets to owners warning about the hazards of lead paint before performing any work. Renovators must give notice to the owner of the affected dwelling unit and, if the owner does not live there, to an adult occupant of the unit. These are the same pamphlets that must be given to buyers of pre‑1978 property.

A "renovation" can be much less than a complete overhaul of a building. The rule applies to any work that disturbs painted surfaces, such as modification of painted doors, sanding or scraping painted walls, re‑plastering, re‑plumbing, and removal of walls or ceilings. On the other hand, if two square feet or less of painted surface are affected, the rule does not apply. The notice requirement also will not come into play for emergency work or for renovations where a certified lead inspector first has determined that no lead paint is present. Getting such a certification at the outset will be a good way for renovators and owners to protect themselves.

Up to $25,000 in criminal and civil penalties may be imposed for violations of the rule. While it is not clear that the rule authorizes civil suits, plaintiffs will probably bring negligence cases against renovators, arguing that the rule has established a standard of care against which the renovator's actions should be judged.