Changes in Lead Paint Rule
Home Improvement Insider
Amendment to the Opt-out and Recordkeeping
Provisions in the Renovation,
Repair & Painting Program.
Final Rule Signed, April 22, 2010
Scheduled for publication – Federal
Register. Issues of concern (does not
reflect all changes)
Overview provided by D.S. Berenson,
Attorney at Law.
Drop-Dead Date for Opt-Out Elimination:
Waiver will be eliminated 60
days after the final rule is published in
the Federal Register.
• Caution - any jobs in progress
on the date the waiver officially
ceases will no longer
be covered by the waiver.
Required Proof of Completed
LSWP: The EPA has expanded the
disclosures required to be provided to
customers. Once this final rule goes
effective, a contractor must provide to
the customer proof that lead safe work
practices were performed correctly,
and that EPA required certifications
were in effect during the job.
• Customers must receive this
evidence within 30 days after
the renovation is completed, or
when the final invoice for payment
is delivered (whichever
date comes first).
• This could be a potential trap
for contractors who accept or
require final payment before
completing the installation.
• The owner and (if different) an
adult occupant of the property
are to receive this proof of lead
safe work practices.
Contractors working on common
areas of multi-unit housing (such as
in apartment buildings): Occupants
need to be given notification or instructions
on how they can obtain
proof of the contractor’s compliance
as well, and without charge.
Caution: Contractors may choose to
use the EPA’s sample lead safe checklist
for this purpose. Check with your
counsel; does that form truly provide
all legal and operational protections
you may need?
Extended Re-Certification Deadlines:
For contractors that were
trained before April 22, 2010, the fiveyear
term of their Certified Renovator
license has been extended out to July
1, 2015. Such individuals won’t be
penalized by having to renew before
they have realized a full five-year useful
life on their license.
Home Star bill in the House, HR
5019. Passed by the House Energy &
Commerce committee — 30-17.
President urges the fast passage of the
bill. *** In the Senate, Home Star
bill (S 3177) referred to the Finance
Committee. Both the full House and
Senate still need to consider their respective
Home Star bills.
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Receive a complete analysis and opinion
rendered by Attny D.S. Berenson
white paper dated 4/26/2010 –