On April 22, 2010 Massachusetts adopted a lead paint law that likely affects you if you own a house built before 1978. Previously, you could hire anyone, to paint anything in your house. Not anymore. The “Renovating, Repair and Painting Rule” (RRP) requires that for home improvement projects that will “disturb” more than 6 interior square feet of paint or 20 exterior square feet of paint, your painter must be certified by the EPA. The only exceptions* to this rule are if:
- Your house was built after 1978
- The house or “components” of the house have been tested as lead free by a Certified Risk Assessor, Lead Inspector, or Certified Renovator
- You do the renovations yourself.
Fortunately, professional painters can become certified relatively easily by taking a one day course and paying a fee of $375. Painters who are not certified face fines of up to $5,000, license suspension and can be subject to a “cease work” order by any number of public health agencies, including possibly, the local building inspector. The “cease work” order/penalty is the major risk to a homeowner. There is no provision in the law for any other type of penalty against a homeowner.
Initially, a Boston Globe article reported that there were concerns that the certification requirement would make hiring a painter more expensive. However, almost 2 years after the law went into effect, I couldn’t find any evidence of increases in the cost of hiring a painter. Although the time and expense of obtaining certification are relatively minor, there are real expenses associated with properly managing work sites that contain lead dust. Costs will likely rise, but worksites should be safer and ultimately homes will be safer as well.
If you decide to undertake a do-it-yourself renovation or painting project where there is any possibility of creating dust and you might have lead paint, I highly recommend you learn how to properly handle and contain the dust from your project. Most of it is common sense and merely requires a high level of preparation and care. A good resource is the Renovate Right pamphlet that lead-certified contractors are required to provide to consumers.
The laws around lead paint are extensive here in Massachusetts. If you have information or expertise you would like to share, please comment, or contact me.
Other helpful resources are:
- The Department of Labor for Massachusetts pamphlet entitled “5 Reasons Why You Need to Hire a Lead-Safe RenovationContractor.”
- The EPA’s Lead Paint Renovation, Repair and Painting Rule (RRP)
- The Commonwealth of Massachusetts website .
*The question arises that if you hire a general contractor who is lead-paint certified, and he sub-contracts out the painting work, do those painters have to be certified? The answer is complicated. There are rules about who has to be certified on a job site, and when a “non-certified” painter can be on the job under the supervision of someone who is certified. As a general rule, if you are hiring a general contractor make sure he really understands the lead laws and fully intends to follow them.