Remodeling a pre-1978 home: the EPA lead paint rule, in plain English

If your home was built before 1978, lead paint is a question to settle before demo, not after. The federal government banned lead-based paint in homes in 1978, and EPA says about three-quarters of U.S. homes built before then still contain some (EPA).

A homeowner described learning about lead only after children in an older rowhouse tested high, and then a remediation bill of about $6,000 for a few door trims and a window. Nobody wants to find out that way.

Who the rule applies to

EPA's Renovation, Repair and Painting (RRP) Rule requires that anyone paid to do work that disturbs painted surfaces in homes, childcare facilities, and preschools built before 1978 be certified, with workers trained in lead-safe practices. That includes every firm, even a sole proprietor (EPA).

It covers jobs that disturb more than 6 square feet of painted surface inside, or more than 20 square feet outside. Window replacement is covered regardless of size (EPA FAQ).

Doing it yourself? EPA says that, generally, the rule doesn't apply to homeowners doing projects in their own homes (EPA DIY FAQ). But if you hire a firm, "the RRP Rule does not impose requirements on homeowners. However, the hired firm would be in violation of the RRP Rule if it was uncertified and performing a covered renovation" (EPA FAQ).

Some states and tribes run their own programs in place of EPA's: Alabama, Delaware, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oklahoma, Oregon, Rhode Island, Utah, Vermont, Wisconsin, and the Minnesota Chippewa Tribe-Boise Forte (Nette Lake), as EPA lists them (EPA). If you're in one of them, check that program's rules.

What the contractor must give you

• Before work starts: no more than 60 days before the renovation, the firm must give you EPA's Renovate Right pamphlet and get your written acknowledgment (or, if it's mailed, a certificate of mailing at least 7 days before the work) (40 CFR 745.84). The pamphlet is on EPA's site.
• During work: the firm must post signs marking the work area, contain the area so dust doesn't escape, and remove or cover objects in the area with plastic. A certified renovator must do a cleaning verification at the end (40 CFR 745.85).
• After work: when the final invoice is delivered, or within 30 days of finishing, whichever is earlier, the firm must give you information about how it complied with the rule. Firms must keep their records for 3 years (40 CFR 745.86).

Keep the acknowledgment and the compliance paperwork with your other project records.

Before you sign: questions to ask every bidder

1. Is your firm EPA lead-safe certified (or certified under our state's program)? Check it in EPA's searchable database of certified firms, or call the National Lead Information Center at 1-800-424-LEAD (5323) (EPA FAQ).
2. Will you test for lead first? EPA says a recognized lead test kit, used by a trained professional, can reliably determine that regulated lead paint is not present through a negative result (EPA).
3. Is lead-safe work in the price? Containment and cleanup take time and materials. Ask that it be in the written scope, so it doesn't arrive later as a change order.
4. Is this renovation or abatement? EPA treats them as separate programs. RRP work is about doing renovation safely; abatement is designed to permanently address lead-based paint hazards (EPA). If you want the lead gone, ask about abatement specifically.

If you do the work yourself

EPA's suggestions for DIYers include containing the work area so dust doesn't escape, covering floors and furniture that can't be moved with heavy-duty plastic and tape, sealing off doors and heating and cooling vents, using wet methods or tools with HEPA vacuum attachments, and cleaning up with a HEPA vacuum and wet wiping (EPA DIY FAQ). EPA's Lead-Safe Renovations for DIYers materials and the 1-800-424-LEAD line have more.

Put it on the decision list

In an older home, "test for lead" belongs near the top of the order of decisions, before demo dates are set. If something turns up behind the walls, see unforeseen conditions.

Keep the lead paperwork with the project

RenoBinder keeps decisions, decide-by dates, budget, and change orders for each room, and builds a Home Finishes Record when you finish.

General information, not legal or health advice. For lead exposure concerns, contact your doctor or local health department.

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