Do you own a home that was built prior to 1978? Are you thinking about hiring a professional to conduct renovation, repair or painting activities in or around your home? Under the Residential Lead-Based Hazard Reduction Act of 1992, the Environmental Protection Agency (EPA) developed strict regulations regarding renovation, repair and painting activities in single and multi-family homes built prior to 1978. This new regulation effective on April 23, 2010 was enacted to better prevent lead paint poisoning by reducing exposure to dust containing lead paint. This regulation requires contractors, renovators and property managers to receive training and certification in the EPA's new lead-based paint work practices. There is a very low threshold for the applicability of the new regulation. Any home improvement project disturbing more than 6 interior square feet of paint or 20 exterior square feet of paint requires compliance with the new regulations. If you are hiring a professional to conduct renovation, repair and/or painting work in your home, make sure to request a copy of their Certification prior to hiring them for the job.
Nothing in the new regulations requires owners to evaluate existing properties for lead or to have existing lead removed but it is important for Massachusetts property owners to note a rental property owner can be held legally responsible for a lead poisoned child if she/he is poisoned by lead hazards where the child lives. An owner cannot avoid liability by asking a tenant to sign an agreement accepting the presence of lease and cannot evict or refuse to rent to a family with children under six if there is lead paint in the home. Discrimination is against the law and carries penalties.
Atty. Judy Field
Legal Insider Content Contributed by Attorney Judy A. Field.
Contact Atty. Field at judy@judyafieldlaw.com.
