New Lead Law in Affect today will Hurt Rehab Investors

EFFECTIVE TODAY :  Thursday,  April 22, 2010.

This law affects all  property built  before 1978 regarding lead.  (36% of houses in USA )

If you are not in compliance with this new law and are in the midst of a renovation, by law you  are supposed to stop work until you can be in compliance.  The fine for non-compliance is  $32,000 so you might want to get up to speed on this if you aren’t already.  Six states have passed their own laws on this  matter.  Kansas is one of them.

As of 4-22 nationwide, if  you disturb more than  a 6 sq’ area of dry wall/room in a home built before  1978, there must be a government certified RRP  (Renovation, Repair and Painting ) person present  at the job to teach the workers how to do the work in accordance with the new law.

Inside and lead is found to be present,

  • All workers must wear complete Tyvek type suits and EPA approved respirators with P100 filters;
  • Must collect all dust and dispose of according to the new law
  • Must recapture any water used to wash a wall, wipe up the last of tiny bit of the dust, etc. and filter it through a specific filtering system and the water then disposed of in the toilet.

Outside if lead is present;

If winds is more than 25 mph, all work must stop…
Unless;

  • Place a plastic barrier all around the building 10 ‘ out from the walls.
  • Place orange cones around the perimeter of the plastic with yellow police type tape all around
  • Place Rope 20′ out  from the plastic to keep people out and
  • Place signs all over the outside saying you are working with lead based paint.
  • If you pressure wash the house the water must be recaptured, filtered in accordance with the  new law and the water disposed of down the toilet.
  • Filtrate must be disposed of in accordance with the new law… it is not be disposed of at the local dump.

WHAT DOES THIS MEAN TO YOU TO BE IN COMPLIANCE?

  1. Renovator must take a certification course, if a company they may have a  key workers certified.
  2. One job until finished for each certified person.
  3. The person on the job has the responsibility to train  the workers on how to perform their jobs inline with the new law.
  4. Certified person must be present at the job during the work and make sure the rules are followed.
  5. Must be on the site or available by phone at ALL TIMES while work is going on.
  6. Once you pass the the certification class,your picture is taken. If you are a company, they makes sure you are a certified firm. After you receive the picture, you can work.  You are to place your picture and your certification of course completion conspicuously on a wall at  the job site, where everyone can see you are the certified person on that job.
  7. Cost of an average course is from $225 to $300 Per person for an 8 hour course.  Once certified you can pay to be allowed to work in more than  one state.
  8. Certified renovator must provide certified proof  they have followed the rules and everything was done according to the law.
    • Has to keep a notebook making sure, Joe the Plumber, Bob the electrician, Mike the drywall guy, Sue the painter, etc has followed the rules.
    • Must be re-certified every 5 years.
  9. All documentation of work site compliance must be kept for 6 years.
  10. Owner cannot opt out unless it is their primary residence and they are doing all the work themselves!!
  11. Non-occupant owner cannot opt out.
  12. If you are disturbing more than 6 sq’ of drywall per room, a certified person must be present.
  13. ALL renovation must stop as of 4-22 if renovating a property built before 1978 until there is a certified person present at the job site.
  14. You may hire a lead certified person to be present on every job.
  15. If you are a single investor on your own, you have to get certified.
  16. Wholesalers must make sure ALL buyers sign the new lead based paint addendum/brochure

Pete Young, who presented this information is getting certified and will be teaching the classes as soon as he can.

www.PeteYoungs.com/lead

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