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A Newsletter by the City of Saco, Maine	June, 2009	Return to newsletter index

Contractors & landlords corner: Lead issues

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There is a new Federal regulation that may affect you. The new law is called the Lead Pre-Renovation Education (PRE) Rule and it applies to those doing work if the following is involved:

• Your work involves pre-1978 houses or apartments
• You received any form of compensation for your work
• You disturb more than 2 square feet of painted surfaces
• Your work is not specifically excluded from this law

Renovation includes any modification of all or part of any existing structure in the housing that may disturb painted surfaces. It includes removal or modification of painted surfaces, components, or structures; preparation of any surfaces including sanding, scraping or other activities that may create paint dust and window replacement. Examples of renovations are demolition of painted walls or ceilings, large surface re-plastering, major plumbing or electrical repairs or improvements or any other activity which will disturb more than 2 square feet of painted surfaces.

There are some exemptions to this rule. They include:

• Lead abatement activities performed by certified lead abatement contractors
• Emergency renovations
• Renovation of certified lead-based paint free components
• Renovations in dormitories/studio apartments or
• Housing for the elderly or disabled

If you are not exempt from this rule, you are required to do the following: In owner-occupied housing, you must:

• Provide an EPA-approved lead information pamphlet to the owner and get written acknowledgement or a receipt from the owner, OR
• Mail the pamphlet to the owner 7 days prior to renovation and document it with a certificate of mailing

In tenant-occupied housing, you must:

• Provide an EPA-approved pamphlet to both the building owner and an adult occupant by one of the above methods listed in the owner-occupied housing section
• If attempted delivery to an adult occupant fails, you may comply by leaving the pamphlet at the unit and preparing certification describing the delivery attempts for your files.

For renovations in "common areas" in multi-family housing (more than 4 units), you must:

• Provide an EPA-approved pamphlet by one of the methods listed under owner-occupied housing above
• Provide notice to each tenant in the building describing:
• The nature and timing of the renovation
• Availability of the EPA-approved pamphlet (free upon request)

You must retain written documentation describing notification procedures for 3 years. This pamphlet can be obtained by contacting the EPA at 1-800-424-LEAD (5323) or by using the following link: www.epa.gov/lead.

Remember, this rule applies to carpenters, renovators and remodelers, electricians, plumbers, painters, home improvement contractors, landlords, property managers, apartment maintenance staff and anyone who's work disturbs paint.