EPA Lead Based Rule to Increase Your Renovations!

If you live in a house older than 1978, the EPA has put into effect new lead based controls for almost all types of renovations.  This includes any job that contains sanding, window and glass replacement, soil, etc.

To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.

To be in compliance, contractors must complete a lead based training and certification program.  If a contractor does not get certified or follow the regulations, they will be liable for fines up to $35K per incident.

For contractors, the license fee is $300.  The training program, however, is a lot more:

III. Provisions of the Final Rule

    This final rule revises fees for training providers, firms, and
individuals under the Lead-based Paint Activities Regulations and
establishes fees for training providers and renovation firms under the
Renovation, Repair, and Painting Rule. The Agency based these fees on
the cost of administering and enforcing the Lead-based Paint Activities
Regulations and the estimated cost of administering and enforcing the
Renovation, Repair, and Painting Rule. The fees in this final rule are
the same as those published in the proposed rule with one exception.
After consideration of the comments on the proposed rule, EPA decided
to assess a single fee of $550 for firms that apply for certification
under the Lead-based Paint Activities Regulations and the Renovation,
Repair, and Painting Rule on a single application in States where EPA
implements both programs. For Tribal government entities, the fee is
$20. The combined firm certification is explained in more detail in
Unit IV.D. Accordingly, EPA revised the existing fees in 40 CFR 745.238
for the Lead-based Paint Activities Regulations as follows:
    • Accreditation for initial training course--$870
    • Accreditation for refresher training course--$690
    • Re-accreditation for initial training course--$620
    • Re-accreditation for refresher training course--$580
    • Initial firm certification--$550
    • Initial Tribal firm certification--$20
    • Firm re-certification--$550
    • Combined lead-based paint activities and renovation firm
certification--$550
    • Combined lead-based paint activities and renovation firm
certification for Tribal firms--$20
    • Tribal firm re-certification--$20
    • Individual certification (for all disciplines except worker)--$410
    • Individual worker certification--$310
    • Individual Tribal certification (all disciplines)--$10
    • Individual re-certification (for all disciplines except worker)--$410
    • Individual worker re-certification--$310
    • Individual Tribal re-certification (all disciplines)--$10

    This final rule also establishes the following fees for the
Renovation, Repair, and Painting Rule:

    • Accreditation for initial renovator or dust sampling
technician course--$560
    • Accreditation for refresher renovator or dust sampling
technician course--$400
    • Re-accreditation for initial renovator or dust sampling
technician course--$340
    • Re-accreditation for refresher renovator or dust sampling
technician course--$310
    • Initial renovation firm certification--$300
    • Combined lead-based paint activities and renovation firm
certification--$550
    • Combined lead-based paint activities and renovation firm
certification for Tribal firms--$20
    • Initial Tribal renovation firm certification--$20
    • Renovation firm re-certification--$300
    • Tribal renovation firm re-certification--$20

The website estimates an extra $67-$167 per job, however, in talking with a major window installer these estimates are grossly under. For example a window replacement job on a house older than 1978 can cost 20-40% more. The reason being, all contractors have to be certified which is an expense to the firm, the containment of air born contaminants means far more taping and complete plastic covering of each window, the glass, paint, and stucco must be tested adding costs, each window has to be sealed labeled toxic and sent to a containment center that charges by the pound, and finally all material used has to be properly cleansed or discarded. A simple one day job can easily add five additional days of work due to the testing and extra containment requirements.

If you own a home older than 1978, be prepared for your renovation costs to be substantially higher.