Georgia agency to enforce new lead paint rules

By John Adams

For the AJC

The EPA rule became effective last April 22, but no one knew about it.

It was largely ignored.

The Georgia law became effective last December 9, but again, no one in the real estate world paid much attention.

But last week, the EPA agreed to hand off enforcement to the Georgia Environmental Protection Division (EPD) and they plan to make sure you hear about the new regulations. So what are we talking about?

Perhaps the most sweeping and perhaps intrusive legislation affecting real estate in half a century, the rule applies to nearly half the homes in America. Yet very few of those affected have ever heard of it.

It's called the EPA Renovate, Repair & Paint Lead Safety Rule (RRP) and it is now mirrored at the state level by regulations of the Georgia EPD. In a nutshell, here's what it says:

Since April 22, 2010, anyone working in a pre-1978 home or child-occupied facility must now be certified and use lead-safe work practices during any renovation that might disturb as little as two square feet of painted surface.

The new rule is important because, according to the CDC, lead poisoning is the number one preventable childhood disease in the U.S. The real target of the rule is the dust created during traditional renovations and repairs in older homes. If that dust contains lead-based paint, it is poisonous.

Here's the problem: It is difficult to see the dust. It is almost impossible to sweep it up and it travels. Paint chips and debris become dust, the dust sticks to the soles of shoes and workmen routinely track that dust all over the inside and outside of a house.

Consider this: A single pink packet of artificial sweetener contains exactly one gram of powder. If that powder were paint dust and that paint were at a typical pre-1940 concentration of 5 percent lead by weight, that one gram would be enough paint dust to contaminate a typical 1,250-square-foot home.

Children under 6 and pregnant women are most at risk from exposure to even small amounts of leaded dust. Complications can include low birth weight, decreased intelligence, reading and learning difficulties and hyperactivity. And worse yet, the damage can be irreversible, affecting children throughout their lives.

The RRP rule asks contractors to do three important things to help prevent the spread of dust:

1. Don't make a mess.

2. If you do make a mess, make it in as small an area as possible.

3. Clean it up very thoroughly.

Having worked closely with contractors at all levels for the last 30 years, I can tell you that such advice is contrary to their normal way of working. And that's where the RRP training comes into play.

The Georgia EPD will be working with EPA accredited trainers to make available the required one-day class that will teach contractors and others the facts they need to know to save kids lives. In truth, the rule primarily involves using more plastic sheeting and more duct tape, and both of those supplies are cheap.

Some in the real estate industry have grumbled that this new rule is "just another way for the government to interfere in our business."

And I agree we have plenty of regulation already.

But the reality is that lead poisoning is an entirely preventable disease and leaded dust caused by renovations are the No. 1 cause of the problem.

In my opinion, having to learn about lead-safe work practices and keeping a few documents on file is a small price to pay for saving children's lives.

For a detailed video on this new law, please visit my website at Money99.com or go to epa.gov/lead.

John Adams is an author, broadcaster and investor. He answers real estate questions on radio station WGKA (920 am) every Saturday at noon.

For more real estate information or to make a comment, visit www.money99.com.