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If you manage an older apartment or condominium complex, you’ve either had to or will have to deal with lead. Many buildings from pre-1978 have had to undergo removal of lead-based paint products in order to comply with federal guidelines protecting residents and their children from unnecessary lead exposure. If your building hasn’t had all lead-based paint removed, this posting is for you.

October 1, 2010 came quietly enough, but many associations and their maintenance staff may now be facing increased scrutiny from the Environmental Protection Agency. That’s because the EPA is now enforcing its lead-based paint Renovation, Repair and Painting rule. Lead paint is relatively harmless until it is disturbed. Through cutting, sanding, demolition, and other common maintenance procedures, the paint is turned to dust which is easily inhaled by adults, children, and pets. Ultimately, you are responsible for hiring a contractor that performs their duties in a way which will keep your unit owners/tenants safe during this work. By closing off the work area and completing the work carefully, contracts can minimize the danger posed. In addition to hired contractors, if you employ any maintenance workers who complete work on older buildings where lead based paint may be found, you should send your employee to a training class to stay in agreement with the law. 

Several portions of the bill required delay – mainly that part that required certification. The EPA delayed enforcements and extended the compliance assistance period so that companies could receive appropriate training.

The EPA also had extended the lead-safe training class deadline, allowing workers to sign up for classes until September 30, 2010. All training had to be completed by December 31, 2010.

Now that the deadlines have passed, association boards should only use contractors or maintenance teams that have current EPA compliance training. The EPA is honoring all existing lead removal and renovation contractor certifications, allowing for these firms to obtain the additional training during the grace period. If you or your favorite contractor have not yet received certification, contact the EPA immediately to discuss options available.

If you’re unsure about the painting materials used in your association’s construction or renovation, the EPA is providing chemical spot test kits that can be used on various surfaces, including drywall and plaster. They’re available to state-certified renovators, so check with your local certified lead renovation firms. Users must be qualified to read the tests and understand how the readings correspond with EPA guidelines. You can obtain more information at the EPA website.

Check your association insurance policy to understand your lead coverage and exclusions. Many companies will attach small limits to the policy, which could leave your association exposed in the event of a serious claim. If you’re unsure, give us a call. We can review your policy and discuss with you various options that can help alleviate the exposure. Additionally, always ask for proof that your contractor is certified by the EPA to conduct the work you are hiring them to complete.

How has your association handled this issue in the past? Did you simply have all paint removed and repainted, or have you chosen to simply deal with lead-based paint? Remediation can be expensive at times, and not always the easiest way to proceed. Contact your insurance agent and obtain quotes from certified contractors to discuss your options.

Flikr Photo Credit: Editor B