By Scott Bloom, Washington Property Management

Goal: It is not abatement, rather it is designed to contain, control, and clean up any lead based paint contamination.  A “do no harm” type of approach for renovations.

Effective Date: April 22, 2010

Triggers for this particular regulation:

1. Potential for disturbing lead based paint
2. Pre-1978 Housing
3. Child occupied facilities that will disturb lead based paint
   1. Children residing or visiting a minimum of 60 hours per month
   2. Renovations for compensation.
      1. Renovations
         1. i.      Potential for disturbing painted surfaces over 6 sq ft (interior)
         2. ii.      Potential for disturbing painted surfaces over 20 sq ft (exterior)
4. Compensation:
   1. i.      Receiving Rent
   2. ii.      Hiring or subbing someone/some company to do the work
   3. iii.      Receiving property management fees

Complying with the regulation:

1. Must hire a contractor certified at firm level and worker level to do this work
2. Separate and distinct from the MD state regulation for pre-1950 housing
3. Civil and criminal penalties for non-compliance of up to $33,500 each
4. Includes notification and documentation from residents prior to commencing work and filing paperwork for minimum of three years after the work was completed.
5. Containment – establish a sealed work area to control the escape of dust, prevent entry
6. Control – minimize dust by wet misting during the work
7. Cleaning up – get rid of material and specialized cleaning and testing protocol

Exemptions:

1. Minor repairs disturbing less than 6 sq ft (interior) or 20 sq ft (exterior)
2. Owners doing their own renovations
3. Studios or efficiencies
4. Common areas in multi-family dwellings (however must distribute notice to all residents)
5. If have a report certifying there is no lead based paint present in the building

More info:

www.epa.gov/lead/pubs/renovation.htm

In particular, look at the EPA’s  “Small Entity Compliance Guide”

The name of a “local” company that is certified to do the training is the Connor Institute in Baltimore.  Jackson Anderson was the guy who did the seminar I attended in Silver Spring last month.  www.connorinstitute.com

janderson@connorinstitute.com