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- Lead-based paint in the United States resulted in a court case against the Lead Industries Association. Due in great part to studies carried out by Philip J. Landrigan, paint containing more than 0.06% (600 ppm) lead was banned for residential use in the United States in 1978 by the U.S. Consumer Product Safety Commission (16 Code of Federal Regulations CFR 1303). The U.S. Government defines "lead-based paint" as any "paint, surface coating that contains lead equal to or exceeding one milligram per square centimeter(1.0 mg/cm2) or 0.5% by weight. " Some states have adopted this or similar definitions of "lead-based paint. " These definitions are used to enforce regulations that apply to certain activities conducted in housing constructed prior to 1978, such as abatement, or the permanent elimination of a "lead-based paint hazard. " The U.S. Government and many states have regulations regarding lead-based paint. Many of them apply to evaluating a property for lead-based paint. There are two different testing procedures that are similar but yield different information. Lead-based paint inspections will evaluate all painted surfaces in a complex to determine where lead-based paint, if any, is present. The procedures for lead inspections is outlined in the HUD Guidelines, Chapter 7, 1997 Revision. The other testing is a lead-based paint risk assessment. In this testing, only deteriorated painted surfaces are tested and dust wipe samples are collected. This information will help the risk assessor determine if there are any lead hazards. Many property owners decided to get a combination of both tests to determine where are the property lead-based is present and what hazards are present as well. Risk assessments are outlined in the HUD Guidelines, Chapter 5. In addition, if a child is poisoned in a property, the owner may be required to perform abatement (permanent elimination of the lead hazard). In 1996, the Lead-Based Paint Disclosure Regulation was enacted. It requires owners of pre-1978 "target housing" to disclose to potential buyers or renters all known information about the presence of lead-based paint and/or lead-based paint hazards in the property. It requires that the potential buyer or tenant be given the lead information pamphlet, "Protect Your Family from Lead in Your Home," or other United States Environmental Protection Agency-approved pamphlet as well as a specific disclosure statement. The option of whether to actually test for the presence of lead-based paint is left to the owner, so long as a decision not to test is disclosed. EPA signed a new regulation regarding the renovation of child occupied buildings built before 1978 on April 22, 2008. The rule becomes effective April 22, 2010. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. EPA’s RRP rule impacts many construction trades, including general contractors and special trade contractors, painters, plumbers, carpenters and electricians. Activities performed by all of these trades can disturb lead-based paint and have the potential to create hazardous lead dust. For most individuals, eight hours of training is required. However, individuals who have successfully completed renovation courses developed by HUD or EPA, or an abatement worker or supervisor course accredited by EPA or an authorized State or Tribal program, can become certified renovators by taking a four hour EPA-accredited renovator refresher training. Although the rule will not be fully implemented until April of 2010, certain elements are required now, and others require attention well before April 2010. Effective now – Contractors that disturb paint in homes, residential buildings, schools and child care facilities built prior to 1978 must provide lead hazard information prior to the start of the job to building owners, occupants, and to the families of children using the facilities by distributing EPA’s new Renovate Right brochure. As of April 2009 – Trainers can begin to apply to EPA or an EPA-approved state for accreditation, and, once approved, contractors and construction trade workers can begin to take the training to become certified. Beginning October 2009 – Firms can apply for EPA or state certification. Beginning April 2010 – All businesses engaged in renovation, repair or painting activities in homes, residential buildings, schools and child care facilities built prior to 1978 must be certified, use certified workers, and follow specific lead-safe work practices to prevent lead contamination.
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