Recommendations to Governor Frank O'Bannon by IKE's Lead Poisoning Prevention Task Force

Finalized on April 26, 2000

Recommendation #7

Ensure that the key lead hazard reduction practices in the new HUD regulations become common work practices in the residential maintenance industry.

Action: Promote legislation to allow IDEM to adopt regulations that prohibit dangerous methods of removing paint in all applications and develop a system where the common sense interim controls identified in the HUD rules become common work practices for maintenance works and painters across the state without regard to whether the project receives federally assisted support.

IDEM currently requires the use of a state-licensed abatement contractor only when the project manager designs measures to permanently eliminate the lead-based paint hazards. Remodeling and renovations are specifically exempted even though they may incidentally or temporarily result in a reduction or elimination of lead-based paint hazards. This language is consistent with federal regulations by the Environmental Protection Agency and are strictly limited by state statute.

Unfortunately, the language creates a charade that effectively moots the whole lead-based paint abatement program except where federal funding is involved. With few exceptions, as long as a contractor designates a project as a renovation or remodeling, the State’s lead based paint rules do not apply.

Basing compliance solely on the project manager’s design brings in an element of intent that is extremely difficult to verify except where an abatement has been ordered. As a result, a painting contractor could legally come into a house with children in the room and sand the paint with a power sander - an extremely dangerous practice.

Fortunately, most quality contractors can easily (and many already have) adopt common sense interim controls. And many refuse to use the dangerous methods of removing paint such as:

• Open-flame burning or torching;
• Abrasive blasting without high efficiency (HEPA) vacuum local exhaust;
• Machine sanding or grinding without HEPA vacuum local exhaust;
• Heat guns at temperatures above 110^oF;
• Dry scraping; and
• Paint stripping in a poorly ventilated space using a volatile stripper that is a hazardous substance such as methylene chloride.

But that is only part of the problem. Much of the remodeling work in Indiana middle-class homes is done by the homeowner. Out of ignorance, many homeowners have accidentally poisoned their children in the pursuit a better home. They are completely unaware that lead-based paint may be present – often because they know it cannot be bought any more.

Compounding the problem, paint and hardware stores continue to tell the do-it-yourselfer to use dangerous methods such as machine sanding or dry scraping to remove paint. An October 1999 survey in central Indiana conducted by Improving Kids’ Environment showed that more than 90% of the paint and hardware stores visited were ignorant of the presence of lead-based paint. Only one hardware store was aware of the problem but gave out incorrect advice nonetheless. More than 75% of the stores advised the customer to power sand a door covered with lead-based paint.

The IKE Task Force believes that Indiana needs to:

• Prohibit the use of dangerous methods of paint removal by any contractor in homes built before 1978 unless it is known that lead-based paint is not present;
• Encourage contractors and property owners conducting remodeling and renovation projects on homes built before 1978 to follow the common sense interim controls in major remodeling and renovation efforts consistent with EPA, CDC and HUD guidelines.
• Strongly support local health departments and housing authorities to ensure that existing building codes are fully complied with in the 667 neighborhoods (census blocks) identified by ISDH as having a strong likelihood that more than 20% of the children are lead poisoned;
• Evaluate the implementation of the HUD rule to determine whether aspects of the rule should be expanded to apply to all child-occupied or target housing, especially those built before 1960 by:

• Surveying those who must comply with the rule to assess the cost of compliance; and

• Track potential impacts on Section 8 voucher programs.

• Support HUD accredited training programs for maintenance staff, including painters, and encourage all homeowners and property managers to give a preference to maintenance contractors that have completed the training; and

• Either require training for paint and hardware store staff to ensure that they provide timely and effective advice that does not jeopardize children’s health or regularly monitor the quality of the advice the staff provide to do-it-yourselves and make the results publicly available.