Beveridge & Diamond

EPA’s Lead-Based Paint Requirements For Renovation of Residential Properties Go Into Effect In April 2010

Beveridge & Diamond, P.C., April 14, 2010

Pursuant to the Toxic Substances Control Act, on April 22, 2008, EPA promulgated regulations governing the renovation of residential properties (the “regulations”).  The purpose of the regulations is twofold: (1) to ensure that owners and occupants of target housing and child-occupied facilities receive information on lead-based paint hazards before renovations begin and (2) to ensure persons performing renovations are properly trained and certified and that the work practices outlined in the regulations are followed.

Owners of target housing (housing constructed prior to 1978, with some exceptions) and child-occupied facilities are already required to comply with the Pre-Renovation Education Rule, which went into effect in June of 1999, by distributing a specified pamphlet to occupants and owners.

Once the regulations become fully effective, on April 22, 2010, owners of target housing and child-occupied facilities will be required to ensure that renovation work performed in or on target housing or child-occupied facilities is performed by certified renovators and in compliance with the work practices established by the regulations. 

Importantly, the regulations have broad application, both with respect to the activities covered and the buildings implicated.  For example, “renovations” is broadly defined and includes just about any activity that could result in the disturbance of painted surfaces, including surface preparation and restoration, window repair, weatherization projects, and removal of building components such as walls, ceilings and plumbing.  Additionally, the regulations cover all target housing, thereby going beyond the scope of certain local requirements.  New York City’s lead paint law, for example, does not cover coops or condominiums, whereas they are covered under the EPA regulations.

Under the regulations, violators may be subject to civil and criminal sanctions.  As such, owners of rental housing, coop boards, and condominium homeowners associations should take steps to ensure any work performed on housing constructed prior to 1978 is handled by certified renovators and completed in compliance with the regulations.  Owners of child care facilities should take similar precautions. 

A copy of EPA’s regulations can be found here.

For more information or assistance ensuring your renovations comply with these new regulations, please contact Christopher McKenzie (, 212-702-5434), Harold Segall (, (202) 789-6038) or Edward West (, (202) 789-6070).