Lead Paint Law: What Now? by ProQuest

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Provide a pamphlet. Give all owners and occupants of pre-1978 homes an EPA pamphlet titled: "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools." You can request copies of the pamphlets from the EPA. It also appears that you can download the pamphlet from the EPA Web site provided the information and graphics are legible. Have the owner sign the last page of the booklet certifying receipt and keep this page for your records.

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									 L AW & B U S I N E S S




         Lead Paint Law: What Now?
         By Nancy Chillag


                  enovation activities like                     do any work on homes built             Care Providers and Schools.”              5. Insurance coverage.

          R       sanding, cutting and
                  demolition can create haz-
                                                                prior to 1978. If you are certi-
                                                                fied, you will need to provide
                                                                                                       You can request copies of the
                                                                                                       pamphlets from the EPA. It also
                                                                                                                                             Check your policy to see if test-
                                                                                                                                             ing and remediation are covered.
         ardous lead dust and chips which                       proof — your certificate — to          appears that you can download             6. Contractual language.
         can be harmful to adults and                           owners if they ask. The certifica-     the pamphlet from the EPA Web         While no specific contractual lan-
         children. To minimize this harm,                       tion training should have taken        site provided the information         guage is required by the EPA, you
         the EPA has enacted a law that                         you through the various proce-         and graphics are legible. Have        might want to modify your cur-
         requires general and specialty                         dural steps you need to follow         the owner sign the last page of       rent renovation contract to provide
         contractors to be certified before                     to test for lead-based paint and,      the booklet certifying receipt and    language such as the following:
         renovating homes, child care                           if present, to work in a manner        keep this page for your records.          a. Contractor will comply
         facilities or schools built before                     to prevent contamination. It           (Note: The form in the current        with all requirements imposed
         1978. The law took effect April                        would be advisable to review the       EPA pamphlet contains an “opt-        by the Environmental Protection
         22, 2010 and you must comply.                          requirements set forth in the EPA      out” option; however, this provi-     Agency to minimize lead-based
         But how do you do that?                                handout for contractors. (http://      sion has been eliminated from the     paint contamination.
             To start, if you are not certi-                    epa.gov/lead/pubs/sbcompliance-        law effective July 6, 2010).              b. If the house was built prior
         fied, either get certified or don’t                    guide.pdf)                                  2. Signs. If abating lead        to 1978, owner shall pay for all
                                                                                                       paint, post signs at the project in   labor and material necessary for
                                                                                                       a conspicuous place describing        testing and remediation of lead-
                                                                                                       the renovation, state the dates       based paint, plus profit and over-
                    The truth is no one is really sure                                                 the work will be performed and        head, in addition to the contract
                  [what to do from a legal standpoint]                                                 attach a copy of the “Renovate        price or if the house was built
                                                                                                       Right” pamphlet.                      prior to 1978, contractor is autho-
                          beca
								
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