New York City has always had the one of the strictest lead-paint laws in the country and now according to a new Environmental Protection Agency, there’s a new regulation put in place as of April 22nd which has contractors and building managers concerned.
Since April 22nd, all professional renovation projects in apartments and homes built before 1978 (when the use of lead in paint was banned) that test positive for lead have had to meet federal guidelines and be performed by workers certified in lead-safe practices.
The new rule “The Renovation, Repair, & Painting Rule” requires owners to follow lead safe work practices when disturbing a painted surface (sanding, demolition, renovation, repair, etc.) in pre-1978 housing (“target housing”) and child occupied facilities. The rule will change make a remarkable difference in the way property managers, renovation and remodeling contractors, maintenance workers, painters and other specialty trades do business in housing built before 1978 and child occupied facilities. It includes new training requirements, additional notifications and disclosures, new work practices, new clearance requirements and expanded records requirements. Property managers and owners should be diligent in making sure their building staff and outside contractors thoroughly understand their obligations under the new EPA rule.
Many older apartments in New York that have been remodeled more than once over the years, have removed their lead paint.
The main difference for homeowners in New York is that guidelines regulating work in common spaces will be extended to individual apartments. Any area greater than six square feet that tests positive for lead paint is included.
Now when buyers consider purchasing an older apartment, there could be a greater possibility of higher renovation costs in their decisions. Buyers can have lead paint tested in the older apartment they are contemplating on buying. Depending on the size of the apartment, a small studio can start at $300 for testing.
Although the E.P.A. says more than 25,000 professional contractors and other workers in New York have received the required certification, many condominiums and co-ops rely on handymen and superintendents to do work like painting and plaster repair inside apartments — especially when the jobs are small.
For bigger projects supers and the building staff have been very careful not to get involved in lead paint removal and called outside experts
With the new regulations, a super contemplating a minor repair job in a building would now need to be trained to work safely in the presence of lead.
Contractors say that what used to be a simple painting job in New York City in these older buildings will now come with a higher price tag.
Precautions must be taken furniture has to be wrapped in thick plastic, floors, doorways and windows have to be lined with plastic and workers must wear protective gear. And special vacuums are required for cleanup.
According to the EPA, “Almost a million children have elevated blood-lead levels as a result of exposure to lead hazards“and one key source of exposure is improperly performed renovation, repair and painting work.
Young children are most at risk of harmful health effects, including lower intelligence, learning disabilities and behavior issues. The EPA added that “Using lead-safe work practices during renovations is a safe, reliable and effective way to minimize lead-paint dust exposure to children and other residents.”
Enforcement will be up to contractors and residents, who could report suspected violations to the E.P.A. or the city.
Contractors and handymen are required to keep detailed records of the work they do when lead is present, including photos, which could be reviewed by inspectors if a complaint was made.
Owners who use outside contractors should make sure they are properly trained in Lead Safe Work Practices under the new rule and should ask to see their certificates.
Notifications and Disclosures:
The new rule requires contractors to notify tenants before disturbing any painted services by giving them a hand out called the ‘Renovate Right” pamphlet. This pamphlet, replaces the “Protect Your Family from Lead” pamphlet previously required. You can get a copy of a pamphlet by clicking here. Contractors must also give tenants a disclosure form informing them of the nature and timing of renovation activity and the potential of lead hazards. See the EPA'a sample for contractors and owners here. In addition, workers (including your building staff) are required to post warning signs around the affected areas.
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Comments
It seems it will be quite costly if lead paint is not removed with caution and care by trained professionals. When you think about the cost by not removing the lead paint properly, it will hurt the value of your apartment and it can harm children. Regardless of the higher cost, it seems worth it to me and I live in an older NYC coop. By removing the lead paint properly you can sell your apartment with peace of mind. And if children come to visit, you know they'll be safe.
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