UPDATED SEPTEBER 22, 2010: Rules Govern Lead in Older Buildings
PLEASE FIND TWO NEW FILES; Further Implementation Guidance for the Renovation, Repair and Painting rule AND Renovation, Repair and Painting Q & A
AT THE BOTTOM OF THIS PAGE. These two files were added 9/22/2010.
As of April 22, new federal
regulations for lead safety apply to all houses built before 1978. The
regulations are intended to improve safety and public health, but they present
challenges to preservation.
Historically used in paint as a
binding agent and color adherent, lead was recognized in the 20th
century to be hazardous, particularly to young children, whose brains and
nervous systems could be permanently damaged by lead poisoning. Beginning in
the 1940s manufacturers gradually reduced the amount of lead in house paints,
and it was banned in 1978.
Lead paint presents no hazard as
long as it is in good condition. However, where paint is peeling, where painted
surfaces rub together to produce dust (such as windows), or where architectural
elements project from the wall (known as “accessible surfaces”), or where lead
dust has accumulated in the soil, children can ingest or inhale the lead, and
suffer poisoning.
The federal Environmental
Protection Agency has been tightening rules on lead paint for some time. Since
2008 contractors working in pre-1978 housing where children under six or
pregnant women reside have been required to employ lead-safe methods, obtain
certification in lead removal, and provide training to their employees.
As of April 22, the 2008
regulations apply to all pre-1978
housing, whether or not young children live in it. Simply put, contractors now
must follow strict rules to contain
the work area, minimize dust; and clean up thoroughly. These procedures apply
to any other work that disturbs painted surfaces, including window replacement
or general remodeling, and they must be followed by all paid renovators working
in pre-1978 housing and child-occupied facilities, including renovation contractors,
maintenance workers, and painters. Contractors must comply with the
rules or face fines.
The new rules do not apply to
do-it-yourselfers or to very small projects—less than six square feet indoors
or twenty square feet outdoors. Furthermore, abatement procedures can be
skipped if testing determines that no lead paint is present.
Lead-paint management and removal
is important to preservationists because older buildings cannot be preserved
and fully utilized unless they provide a safe environment. Unfortunately, some of the most aggressive
deleading methods also remove evidence of a building’s original and accumulated
decorative treatments. Painted decoration such as graining, marbleizing,
stenciling, and murals contribute to architectural appeal and historic
importance, and even the layering of single colors can tell us about changes in
taste and structural alterations. Even existing lead-paint regulations
sometimes led contractors to remove historic fabric wholesale rather than
attempt to de-lead it—robbing buildings of priceless historic character.
The new regulations have raised
fears that the increased complexity and cost of renovation (by as much as 10 to
30 percent, according to some estimates) will put historic buildings at a
distinct disadvantage and will encourage new construction or insensitive
remodeling instead. Widespread neglect of older buildings could, in the long
run, create other hazards as serious as those presented by lead exposure.
Since dust control is never
completely effective, and some property owners may try to sue the contractor if
they find any dust left behind (regardless of whether it results from the
contractor's work), insurance costs are likely to increase sharply, and could
drive qualified restorers out of business.
The large
amounts of polyethylene sheeting required to screen work areas and contain
debris will also have adverse environmental effects. The polyethylene, a
petroleum-based product, can only be used for one day or one project and then
must be rolled, taped and sent to a landfill, where it will sit for 5,000 years
without degrading.
While lead paint is indeed a
serious hazard, preservationists fear that the new regulations will cause as
many problems as they solve. As CPN goes to press, the National Trust for
Historic Preservation is working with the EPA to develop interpretations of the
new regulations that will help encourage safety without needlessly abandoning
our heritage.
