Commercial Insurance Blog

EPA Lead Paint Regulations (Insurance)

Understand the true cost of rebuilding a home with homeowners and commercial from andrew gordon inc insuranceHomeowners insurance policies should always reflect the true cost to rebuild a home. In spite of the soft economy and suppressed activity in the construction sector, many building costs keep creeping up. Consider renovation rules for pre-1978 homes that affect repair and renovation costs:

In April 2010 new rules from the Environmental Protection Agency (EPA) took effect for contractors removing paint from pre-1978 homes. The EPA requires that firms performing renovation or repair, for electrical, plumbing, carpentry and painting projects in pre-1978 homes are certified by the EPA, and that they use certified renovators who are trained by EPA sanctioned trainers because of lead paint exposure.

Sanding, cutting and demolition all qualify for these new regulations. Practically speaking, if your home was built before 1978 and if you have a project which will disturb more than six (6) square feet of wall, your contractor will have to don a Tyvek suit, grab a respirator, and seal off the area before doing what he was originally hired to do.

The EPA regulations create two new training disciplines: renovators and dust sampling technicians. Both require completion of EPA accredited training programs.

Some of the new regulations include:
• Workers must educate the residents about lead paint, distribute pamphlets (EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools developed under section 406(a) of TSCA for use in complying with section 406(b) of TSCA, or any State or Tribal pamphlet approved by EPA pursuant to 40 CFR 745.326 that is developed for the same purpose)
• Get owner’s written acknowledgement that they’re received the pamphlet
• Post educational signs at work areas
• Companies must keep records on clients’ lead-paint statuses for three years
• Companies who fail to comply with the regulations may face penalties of up to $32,500 per violation, per day

At a minimum, the penalties have gotten the attention of the renovation contracting community, as you might imagine.

Massachusetts has its own regulations on de-leading procedures. The Massachusetts Executive Office of Workforce Development summarizes, in part, its rules and fee structure here:

Effective July 9, 2010, the Division of Occupational Safety promulgated amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation), and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers). The amendments to 801 CMR 4.02 454 (16) and (18) change the licensing fee and surcharges for Lead-Safe Renovation Contractors from $575 for a one-year license to $375 for a five-year license, and waive the $1,775 annual fee for Lead-Safe Renovator Training Providers if they are a State, federally recognized Indian Tribe, local government or non-profit organization.

To discuss your project with a Gordon Atlantic Insurance professional, call us toll free at 800-649-3252.  Prefer to type versus talk?  Click below.

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Geoff Gordon

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