The recently implemented lead remediation rules are a fact of life for the entire remodeling industry. All remodeling contractors must be trained and certified in lead safe practices and incorporate them on any renovation jobs performed on homes built prior to 1978. It is of great importance that homeowners understand the risks and actions that need to be taken if they own a home constructed prior to 1978.

The EPA has made this week the National Lead Poisoning Prevention Week. There is some great information on lead and its detrimental effect on children at this web site http://epa.gov/lead/pubs/lppw2010.htm. I urge all homeowners to go here to learn more about lead poisoning and its effects, especially on children.

Even though we are urging the EPA to reinstate the Opt out clause that was eliminated earlier this year, the lead safe practices are in effect at this time for all homes constructed prior to 1978.

With all the talk of the Lead Renovate Repair Paint Law (LRRP), I am noticing how this is affecting everyday homeowners. Just to do a quick summary of the LRRP law, it affects homes that were built before 1978. If you are doing any renovation, the remodeling company is required to test your home for lead. If your home tests positive for lead, the contractor is required to use lead-safe practices. It doesn’t matter if you are having windows replaced, having your kitchen redone, etc., the LRRP encompasses 99% of remodeling work.

There was an “opt-out” clause available, where if you didn’t have children under six or pregnant women residing the house, you could opt out of having your contractor use lead-safe practices. The major focus and thrust of the LRRP law is to protect children from lead poisoning. I think this is a worthy endeavor we can all get behind.

If your pre-1978 built house tests positive for lead, and the criteria above don’t exist, homeowners still are required to have their contractors use lead-safe practices. If you are doing replacement windows, the industry has shown that the additional cost for using lead-safe practices is a whopping $120/window (this is on the low end of the scale).

Let’s focus on the point of protecting children. I’m raising two little girls myself, and I certainly don’t want them to be exposed to lead—so I definitely understand the importance of using lead-safe practices. Now removing the opt-out clause is another matter and a discussion for a different time. I want to focus on something that concerns me even more, however.

I ran across an article, http://tinyurl.com/2u2al23about drinking water from household plumbing. I found it both shocking and alarming. In 1986, the federal government enacted a law that reduced the amount of lead in our drinking water plumbing. However, faucets labeled as 'lead free' today still contain up to a quarter pound of lead.

It has been explained to many companies in the construction industry that the amount of lead that can poison a small child is less than the amount of sugar found in a small packet. Yet, a faucet we can purchase today can be labeled lead-free and still contain a whopping quarter pound of lead.

This same article also cited other known alarming facts. For example, lead will leach into our drinking water more so with lead found in pipes as well as the lead found in faucets. The article proceeds to say that children under six will absorb and retain 50% of the lead they ingest. The EPA also concludes that 15-20% of children's exposure to lead comes from drinking water.

I want children to be safe from lead poisoning. I can get behind the LRRP law when it comes to protecting children but not taking away the rights of homeowners who don’t have children. I believe the opt-out rule should be put back in the LRRP law. But what concerns me even more is drinking water—my children drink water everyday. I would rather have the EPA focus on lead in our water rather than on pre-built 1978 homes that don’t have children residing in them.

There is a new lead/EPA law coming to your home April 22, 2010, whether you want it or not. For homeowners that own pre 1978 homes, all remodelers whether they are replacing windows, siding, kitches, soffit, facia, etc. may be using lead safe practices in your home. The way the new law reads today is this. If there are children under 6 or pregnant women in the house, lead safe practices need to be recognized and used. This last statement is only a brief section of the law so you will want to look further into the details - for example if a child visits a home twice a week for 3 hours or more - lead safe practices also need to be used. As a father of two little children, I can get behind protecting children from lead poisoning if this was all there was to it.

However, things are much more complicated.  There is an opt out clause currently in the law. There is a likelihood that this opt out will be removed. If this happens, any person owning a pre 1978 home will be required to have their remodeler use lead safe practices. You will not have the choice, the EPA will have decided for you. Why pre 1978 homes? This is when lead paint was 'banned.' So if you own a pre 78 home, there is a good chance your home contains some amount of lead.

But how does this effect us as homeowners. First, the costs of doing remodeling projects are going to skyrocket. Using lead safe practices is not inexpensive both from a labor and materials perspective.  Also, less and less remodelers will be willing to do work on pre 1978 homes because of the added hassle and expense. If there are less contractors willing to do this work, there will be less competition for people wanting to do work on my home. This will lead to costs increasing even further.

Because as homeowners, we have had to work with smaller budgets, the smaller jobs we have been doing over the past couple of years are going to be economically prohibitive because of the new costs associated with lead safe practices. Because our pre 1978 homes will be tested for lead, when we go to sell our home, we will have to note this on our disclosures. So if we do remodeling work, we are penalized for this compared to our neighbor who also owns a pre 1978 home and doesn't have remodeling work done - or did the work before April 22, 2010. They don't or didn't have to disclose it because lead testing wasn't required.

With the added costs associated with remodeling, we are in essence taxed for it. We want to be rewarded for making our older homes more energy efficient, not penalized for it. I have been writing my lawmakers about this and if you agree, I encourage you to do the same.