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They're not kidding, part II: It's not just the EPA or OSHA that make you clean up lead

from AWDI

Most certified renovators and firms worry about the fines and other enforcement tactics by the EPA and OSHA. Who knew that local departments of health would force, not contractors, but homeowners to take the responsibility to rid their homes of lead paint danger; with apparently no choice.

For example, many states require mandatory lead testing of school children, which leads to identification of homes where lead is present. If it is Section 8 housing, or even rental properties, owners can be forced to remove the lead.

How far will a municipality go? The Erie County (New York) Department of Health for example, enacted a program of lead safe homes. Owners of homes with lead paint received letters informing them to take action to "minimize further exposure to lead and dust." The letter said in bold print that a "work plan must be submitted no later than 14 days from the date" the notice is received. That may not mean the work was to be done in two weeks, but homeowners needed to contact the inspector and begin to work out a plan to remediate the problem. See video here.

This program may have run its course. But there are others like Rhode Island who make testing of school children mandatory, as do other states, and that leads to identification of homes with lead dust. It pays to know what your local governments are doing. Good news? They may have money for lead removal. Not so good news? They may have strict laws to have the lead removed which may be different than the EPA RRP Rule.

Medicaid has always supported testing of children. But now it’s mostly everyone. The Affordable Care Act of 2013 (Obamacare) will pay for lead testing in kids. more


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