Royce Custom Homes

How does the new EPA Lead-Base Paint Law affect me?

As of April 22, 2010, new EPA Federal Guidelines will require houses built before 1978 to be tested for the presence of lead-base paint on any painted surface that will be disturbed by cutting, sanding, removal or demolition. This applies to Interior AND Exterior surfaces.

This law is National and is designed to limit the exposure of the home's occupants and workers to harmful lead dust. The EPA has created a certification program to train all workers in the proper handling procedures of lead-base painted surfaces. As of April 22, there must be a Certified Lead-Base Paint Renovator/Remodeler supervising the job-site. Additionally, the Contracting Company must be registered with the EPA under their Lead
RRP Program.

Royce Custom Homes is EPA Registered and has an EPA Certified Site Supervisor.

What does this mean to the Home Owner?
If your home was built before 1978, the following rules must be followed:
1. Before any works starts, the Contractor must provide you with the EPA Lead Safety Pamphlet to better inform you on how to protect your family from the dangers of lead poisoning as a result of exposure to lead dust.
2. Any painted surface to be disturbed must be assumed to contain lead. Each surface
must either be handled according to EPA guidelines, or tested and certified to be lead-free by an accredited lead-testing firm.
3. The area(s) found to contain lead must be certified as lead-free at the conclusion of the work. This is the responsibility of your Contractor and you should receive certification documents showing that the proper tests were done and successfully passed.

Will this cost me more money?
We feel that the chemical test approved by the EPA at this time is not reliable enough to accurately measure the amount of lead, nor is it a definitive test that can be CERTIFIED.
We have decided to have the testing performed by a certified Lead Testing Company and they use a state-of-the-art XRF (portable X-Ray Fluoroscope) gun, which can read and analyze painted surfaces up to 20 paint layers thick.
If no lead is found, there will be a one time charge of $400. If lead is found, the cost for the project will be $1,000. This covers the cost of re-testing after the work is completed, the additional costs of dust containment, surface cleaning, and EPA mandated paperwork regarding the personnel working on the job, specialized respirators and protective suits, and increased time on the affected area.

Can I refuse to participate? Yes. At this time, the EPA has allowed for a Homeowner to 'Opt Out' of this program by signing a waiver of their rights regarding these new rules. However, this option is being challenged in court by several groups who are seeking to prevent any homes from opting out.

Is the Buildings Dept. involved and will they be monitoring my job?
No. At this time, NY State has NOT adopted the new EPA program for Lead Safety. We
will be waiting and watching to see what local municipalities decide as of April 22.
However, lack of participation by your town does not reduce the Federal requirements on ALL contractors to follow these rules. The published federal fine for a contractor caught in violation is $32,000 for not being certified.