EPA's lead-based paint rule, a toxic potentially litigation mess: How to become exempt

The EPA's Lead-Based Paint Renovation, Repair and Painting rule went effective on April 22. In August of this year, EPA's expressed they will begin assessing violations and enforcement actions after the first of the year (less than 45 days away). In expectation of this law, law schools have been holding and promoting seminars specific to the litigious nature of this law and local community government agencies are also evaluating their local enforcement compliance role. With federal fines of up to $37,500 per day per violation and a tremendous litigation defense bill to follow, I want to share with you how to become exempt while saving money for you and your association, a WIN - WIN, NO JOKE! The Federal Law requires all pre-1978 residential and child occupied facilities and the contractors who work in such properties to comply with this lead-paint law. However, N.Y.C. banned the use of lead-based paint for residential usage in 1960 as did other government entities. Accordingly, there is an incredibly high likelihood, that the co-op/condo unit/building that you reside in will achieve a Lead-Based Paint Free Certification. Once achieved, the property and all of the individual units/shares, would become federally exempt from the requirements of this law and other lead-based paint laws. Also, the potential for violations and penalties regarding this law, as well as, the potential for a large defense bill and added unnecessary compliance costs, will no longer be of concern. If non-EPA certified contractors/maintenance work occurs in the units of individual owners or common areas, substantial penalties and litigation could occurs not to mention toxic lead dust left behind. Even if you use licensed contractors who have met the EPA's federal training requirements, there is still no guarantee they will follow the strict work, disclosure, and documentation practices and not leave toxic lead dust or debris behind. Such unfortunate highly likely scenarios will be the root cause for penalties followed by litigation. Not to mention the cost to comply with this law will unquestionably justify a 10-20% per project cost increase to the owner and/or your association! Become exempt and save yourself and association penalties of a minimum of 10-20% on all future paint disturbance events while minimizing any potential for lead-based paint litigation. As a nationally respected subject matter expert, with almost 20 years of lead-based paint testing of single family, multifamily and everything thing else for lead paint, I can confidently share, that N.Y.C. co-ops and condo's built between 1960 and 1978 have an incredibly low potential for lead-based paint to exist (lead paint was banned during such time by N.Y.C. law, but federal law didn't) and an incredibly high probability of achieving Lead-Based Paint Free Certification. Accordingly, by having your property inspected for lead paint by a respected licensed professional lead evaluation firm and most likely achieving a Lead-Based Paint Free Certification, you and your association become exempt from all the requirements of EPA's lead based paint laws! Whereby, current costs of paint disturbances should not experience a 10-20% cost increase, you will not have to train your workers and contractors, your maintenance staff and third party contractors won't have to worry about pre-notification requirements, containment, signage, record retention and cleaning verification or toxic lead dust clearance. Most importantly, you and your association won't have to worry about enforcement actions, penalties, violations or unduly unnecessary litigation bills or wasting money on paint disturbance projects unnecessarily. In short, if your co-op or condo was built between 1960 and 1978, call a professional EPA-NY certified lead-based paint evaluation firm, like LEW Corp. (800-783-0567) to schedule a meeting to discuss how such a WIN-WIN exemption inspection is performed. Avoid the costs and added responsibilities of this law, its potentially enforcement actions, its very litigious nature and take the well documented, well proven advice of a national expert and get your co-op and/or condo exempt for all to benefit before the first of the year. Lee Wasserman is the founder and president of LEW Corporation, Mountainside, N.J.