Quick Guide to Lead Regulations
That May Affect You
Over the last decade a number of
federal and state laws and regulations have been enacted. If you are a property
owner, contractor, painter or maintenance worker, there are some particular
regulations, described below, that are important to become familiar with in
order to avoid fines and penalties. The rules were enacted to prevent lead
exposures to occupants, neighbors and workers. Some general rules of thumb to
help you comply with lead regulations are:
· Assume that
paint on a home built before 1978 is lead-based.
· Maintain
your property and keep the paint intact.
· If you are
painting or remodeling, use lead-safe work practices including proper
containment.
· Disclose
lead hazards and provide the pamphlet "Protect Your Family From Lead in
Your Home" to potential tenants and buyers.
· Review the
table below and learn more about the regulations that apply to your situation.
If you are a:
|
This regulation may apply to you:
|
Contractor
Painter
Maintenance
worker
|
|
Owner
Occupant Homeowner:
Conducting
home improvements:
|
|
Rental
Property Owner:
Conducting
repairs:
Section
8 participant:
|
Above
regulations plus HUD
Lead Safe Housing Rule
|
Tenant
|
See
above for rental property owner requirements
|
Concerned
about schools
|
|
Medical
Provider
|
|
Consumer
|
State codes and laws now make
existing lead hazards, or creating a lead hazard, a violation subject to fines
and/or imprisonment. This means that pre-1978 homes should be maintained so
that they are lead-safe, with the paint intact. It also means that if you are
conducting activities that disturb painted surfaces on a pre-1978 building, you
must take steps to contain the paint chips and dust. There are also some
prohibited renovation activities.
For more complete information on
California lead laws and regulations:http://www.cdph.ca.gov/programs/CLPPB/Pages/AboutCLPPB.aspx#CAstatutes
Assembly Bill 2861 (passed in 2006) increased the penalty for failing to cease an activity that creates a lead hazard after receiving an order of violation by establishing a fine of as much as $5,000 or six months in jail or both for the second order of violation.
For more information see the complete text of AB 2861. (PDF - 46kB)
Cal-OSHA
The Lead-in-Construction Standard is in place to protect the health and safety of employees who engage in lead-related construction work, including construction, demolition, renovation and repair. Contractors disturbing more than 100 square feet or more than 100 linear feet of lead-containing materials must take steps to prevent worker exposures to lead and are required to notify the Department of Industrial Relations at least 24 hours prior to beginning work. For more information about Cal-OSHA Lead Regulations go to: http://www.cdph.ca.gov/programs/olppp/Pages/Links.aspx
Title 17 requires that work on any
structure built before January 1, 1978 must use lead-safe work practices
including containment and clean the work area after the project is completed.
The revised state law went into effect on April 30, 2008 and applies to
everyone including contractors, painters, homeowners, renters, and maintenance
staff. The regulations also cover accreditation of training providers and
certification of individuals to perform lead abatement and sets work practice
standards for lead hazard evaluations and the abatement of lead hazards.
Title 17 implements the mandates of
the California Health and Safety Code regarding lead-based paint and lead
hazards. Title 17 references its authority in applicable sections of the Health
and Safety Code, Civil Code, Government Code, and Revenue and Taxation Code.
For the complete text of the Title 17 regulation go to: Complete text of the Title 17 regulation *
California EPA requires
that presumed (pre-1978) lead-based paint chips and dust be disposed of as
hazardous waste. Everyone who handles lead-based paint debris should follow
several common sense measures:
· Collect
paint chips, dust, dirt, and rubble in 6-mil plastic trash bags for disposal.
· Store larger
lead-based painted building parts in containers until ready for disposal.
· If possible,
use a covered, locked, mobile dumpster to store lead-based paint debris until
the job is done. Alternatively, plastic-wrapped lead-based painted debris can
be kept in a locked room or yard until the job is done and the waste is ready
to be disposed.
· Contact
the Alameda County Household Hazardous Waste Program for
sites where lead-based paint debris can be disposed.
FEDERAL LEAD LAWS AND REGULATIONS
For more complete information see:
EPA has issued a rule that
requires anyone who is conducting work for compensation that disturbs painted
surfaces in a pre-1978 building to first obtain training in lead-safe work practices,
to contain paint chips and dust, clean-up all work areas and become lead-safe
certified by the EPA. This rule went into effect on April 22, 2010. The
rule was most recently revised on July 15, 2011. For additional information,
visit: http://www.epa.gov/getleadsafe. Click here to watch a video about how to become
certified.
The Lead Disclosure Rule requires
owners of rental properties built before 1978, and those selling pre-1978
property, to provide a lead warning statement, results of any lead testing of
the property and the pamphlet "Protect Your Family From Lead in Your
Home" to the tenants and/or prospective buyer. For more information:http://www.hud.gov/offices/lead/enforcement/disclosure.cfm
Hazard Education Before Renovation
- TSCA 406(a) and (b)
The final rule requires that
renovators and remodelers notify the owner and occupants and distribute the
pamphlet "Renovate Right" before beginning renovations. For more
information: Pre-Renovation Lead Education Rule 406(b) regulation*
If you participate in a local
housing authority Section 8 housing choice voucher program, (or other
Federally-Assisted property) especially if your tenant has a child under six
years old, the Title X Section 1012/1013 Lead Safe Housing Rule may apply to you.
Under this rule you are required to fix peeling paint using lead-safe work
practices in a pre-1978 building. For more information: http://www.hud.gov/offices/lead/enforcement/lshr.cfm
Alameda County Agencies that may be able to help with lead regulation and compliance issueshttp://www.achhd.org/documents/resourcelist.pdf
Tenant Resouce
Laws and Regulations about Lead
California Laws
Federal Laws
Resource List
National Center for Healthy Housing
U.S Department of Labor, Occupational Safety, and Health
Administration
· Lead Exposure in Construction; 29 CFR,
Part 1926.62
· Lead Hazard Communication; 29 CFR 1926.59
California Department of Public Health
Learn about lead poisoning
Federal Healthy Housing Bills
Healthy
Housing "Vision" Bill: On October 2, 2008,
Senator Jack Reed (D-RI) introduced Senate bill S. 3654 to improve the quality
of housing in the United States. The bill emphasizes cost-effective approaches
and market-based incentives to make homes healthier and safer without
detracting from their affordability. Entitled theResearch, Hazard Intervention, and
National Outreach for Healthier Housing Act, the multi-faceted
legislation aims to improve research, enhance the capacity of federal programs,
and expand national outreach efforts.
On October
21, 2009, Representative Robert Brady (D-PA) introduced H.R. 3891, The Safe and Healthy
Housing Act of 2009.
Key bill
provisions include:
· Funding
for existing federal housing programs, such as CDBG, HOME, and LIHEAP to add
healthy homes components to their programs.
· Leveraging
the private market interest in healthy homes by creating a voluntary “Healthy
Homes Seal of Approval” modeled after the successful Energy Star program.
· Authorizing
$7,000,000 for each of the next five years for the National Institute of
Environmental Health Science and the Centers for Disease Control and Prevention
(CDC) to evaluate the health risks and human health effects of indoor exposure
to chemical pollutants including carbon monoxide, chemical asthma triggers, and
common household and garden pesticides.
· Authorizing
$6,000,000 for the Department of Housing and Urban Development (HUD) to study
methods for the assessment and control of housing-related health hazards.
· Providing
$10,000,000 for HUD and CDC to study the indoor environmental quality of
existing housing and to create a system for monitoring housing related hazards.
