Is The Opt Out Provision Coming Back For Lead Paint Renovations?

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In the past two weeks there has been a buzz in the construction business about the highly sought after "Opt Out Provision" coming back into the law for renovations in houses that test positive for lead paint. A simple procedure on all houses built before 1978 must be used to check if you have lead paint by using a lead test kit that all certified renovators use, such as the 3M Lead Check Swab Test kit to check for the presence of lead. Currently under the law if you do have lead in your home, any compensated contractor must use the lead safe practices that were set forth by the EPA (Enviromental Protection Agency). The "Opt Out Provision" would do away with all of this as long as you have no children under age six or pregnant women living in the house and the customer are willing to sign off on this provision.

The RRP (Renovation Repair & Painting) Law has been a very sensitive issue for the past two years when it went into law for several reasons. The main reason was because of the economic turndown in our country has already made it very difficult to sell a project to a customer. That coupled with the law being touted as a provision to protect children and end lead poisoning created an issue that was especially hard to sell to a customer when there are no children involved in the dwelling. This angle even gets worse when you figure out the extra expenses required to do the job correctly when you involve the extra materials such as the HEPA Lead Dust Vacuums, N100 Rated Respirators that can be very difficult to locate, and Lead Dust control Sticky Mats. These are all items that are suggested to be used in order to be in compliance with the EPA and come at very large cost to the contractor which then must be passed onto the customer.

The main problem with this provision is the delicate balance of responsibility. On one hand you have the customer signing off on the fact that they have found it acceptable not to be concerned about the lead dust being left behind from you work. Even though you sweep up your debris there is always some dust left behind which is toxic. On the other hand by not following the RRP law you are also having yourself or your employees diving into a project which put that at harm reach as well from the toxic material. On the third point to think about is back to the customer that sees the immediate risk as minimal but down the road their situation changes and children become involved in the dwelling and you can pass the harmful effects of lead onto them.

This law is without a doubt a big monster that will most likely not get any smaller. It is currently being looked at to be added into the commercial construction business, which would mean into office building, stores, and etc. There is to be a ruling on this by mid-summer and provisions for this to be put into place shortly after that.

What does this mean for the general contractor and small renovation firms? Get used to it if you have not already. It is here to stay because the lawmakers really have no place to turn. There are too many pressures on either side when it comes to votes for it to go away. Many companies have decided not go one way or the other and use the provisions of the law as a selling point to the customer. These customers don't even know why the contractor is taking such provisions while they are in their houses and just think that the contractor cares more about them and control of the dirt and how they leave their property when the job is complete. This seems to be a very good way to be within the law and still satisfy the EPA.

As of now the provision for the "Lead Exposure Reduction Amendments Act of 2012 (S. 2148) to improve the lead paint rule" sponsored by Senator, James Inhofe of Oklahoma is making its rounds and it will be interesting to see which way it goes. We will keep an eye on this and report back when possible. Please feel free to leave your comments and questions and we will try to answer and respond as soon as possible.

In order to be in compliance with the EPA mandates visit the renovators supply store at LeadPaintEPAsupplies.com to purchase your HEPA Lead Dust Vacuums and Tack Mats for control of lead paint dust. We also offer Ready made packages for your convienence.