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Condo | HOA Lawyers

Delayed EPA Lead Paint Regulations Effective October 1

To protect owners and occupiers of structures that could contain lead based paint, the Environmental Protection Agency (EPA) released new regulations governing the construction and remodeling of buildings constructed before 1978. The regulations apply to anyone who hires or is paid to renovate, repair, or disturb lead based paint. This specifically includes community board members, managers, painters, electricians, drywallers, and plumbers. Homeowners working on their own homes are not included. The regulations require that renovations involving lead based paint need to be performed by an EPA Certified Firm using Certified Renovators or employees trained and supervised by a Certified Renovator.

Originally slated to become effective in February 2010, the EPA has delayed enforcement of these regulations until October 1, 2010. At that time, any Association constructed prior to 1978 conducting renovations must have the work performed by an EPA Certified Firm using Certified Renovators or employees trained and supervised by a Certified Renovator. Therefore, if any Association constructed prior to 1978 is contemplating renovations or is obtaining bids, please be sure that the Contractors have obtained EPA Certification, and include this requirement in any remodeling based contracts the Association enters into. After October 1, Community Associations could face significant fines and/or legal action if they fail to comply – thus, the best policy is to require Certification.

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