Lead Paint Laws: Protect Your Remodeling Business

While April 22, 2010 marked the start of the EPA’s law requiring contractors who work in pre-1978 homes that could have lead paint to be certified, many have not. In reality, if you’ve ignored this law, you are at risk. The fines are ruinous – up to $37,500.00 per day, per violation. And in some cases, there can be imprisonment if your actions are proven criminal.

Now, many of you did certify your firms and did take the eight (8) hour course. And, many of you are following “lead safe work practices.” But, believe it or not, you may still be risking these fines and penalties.

Here's why: The registering of your company is relatively simple and only costs $300. The cost of training is also reasonable ($250 as a national average). And, the process of protecting the homeowners and workers with the right equipment and supplies is not necessarily going to break the bank. But, more often than not, we are finding contractors not documenting everything that they’re doing. And without the proper paper trail, all of your good efforts may not help you avoid the penalties.

It is critical that you give every homeowner a copy of the new Renovate Right pamphlet and get a signed acknowledgement form as proof. Keep that on file for six (6) years. And then, there are the forms that you need to complete. The homeowner must receive copies of certain of these forms in a timely manner.

As mentioned above, what is taught in class are “lead safe work practices.” That’s a good 50% of the equation. The other half is “lead safe business practices.”

If you’re not following the law, in whole or in part, don’t risk your business. While the EPA and/or certain states are now beginning to clamp down, you could also be at risk from a civil standpoint – getting sued by a customer or worker.

Author: Paul E. Toub

Paul E. Toub is Vice President of Marketing for KACHINA Lead Paint Solutions and is available to answer any questions about lead paint laws and solutions from Remodeleze members.

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