Replacing windows and getting around the EPA's lead Renovation, Repair and Painting Rule.

Suppose a homeowner removed his old windows, in a pre 1978 built home, cleaned up the mess in preparation for the instillation of new replacement windows by a non-lead certified handyman. Has the handyman violated the EPA's lead Renovation, Repair and Painting Rule?
Anyone here think the EPA's lead Renovation, Repair and Painting Rule went overboard?
Thank you for your thoughts!
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On 10/20/2012 11:07 AM, snipped-for-privacy@gmail.com wrote:

Probably, but don't know for certain.

Indeed they do...
So are the asbestos rules as are many others.
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dpb wrote:

I've seen those rules in action on This Old House.
We don't have crazy stupid rules / laws / regulations like that up here in Canada.
But that said, your rules don't apply if the home owner does the demo work himself.
The bit about using acres of plastic sheeting and miles of duct tape to package all the demo'd shit applies only to contractors.
Back 10 years ago when you had the anthrax being mailed around the country and the threat of biochemical domestic terror, your dept of fatherland security and home preparedness wanted everyone to stock enough plastic sheeting and duct tape to be able to wrap your homes into a secure bubble. So you have this huge over-stock of plastic sheeting that you need to get rid of, hence these EPA rules about lead paint and home improvement.
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Home Guy wrote:

Any homeowner who doesn't stock plastic sheeting and duct tape anyway is an idiot. Broken window, roof leak, etc. all frequently call for that as an immediate patch while you chase after proper repair supplies.
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On 10/20/2012 1:14 PM, Pete C. wrote:

Didn't some government wonk say that everyone should go out and stock up on plastic sheeting and duct tape after the 9-11 attack in order to protect themselves from terrorist attacks where poison gas or dirty bombs were used? O_o
TDD
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The Daring Dufas wrote:

After the anthrax attacks it was recommended that you have enough on hand to make a safe room if needed. This is pretty much a copy of recommendations in Israel I believe. But my point was that every homeowner should have those supplies anyway for much more mundane purposes.
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On 10/20/2012 4:16 PM, Pete C. wrote:

Oh yea! Now I remember! It must be the anthrax that damaged my brain? ^_^
TDD
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I remember that. We're doing what the government says.
Let me think, that was right after the Reischtag fire?
Christopher A. Young Learn more about Jesus www.lds.org .
Didn't some government wonk say that everyone should go out and stock up on plastic sheeting and duct tape after the 9-11 attack in order to protect themselves from terrorist attacks where poison gas or dirty bombs were used? O_o
TDD
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dpb wrote the following on 10/20/2012 12:27 PM (ET):

There are only two rules that homeowners should abide by when removing material containing lead. 1. Don't make dust. 2. Don't eat the material.
--
Bill
In Hamptonburgh, NY
  Click to see the full signature.
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Same rules apply to asbestos. I'd add, "don't say anything to anyone".
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Suppose a homeowner removed his old windows, in a pre 1978 built home, cleaned up the mess in preparation for the instillation of new replacement windows by a non-lead certified handyman. Has the handyman violated the EPA's lead Renovation, Repair and Painting Rule?
Anyone here think the EPA's lead Renovation, Repair and Painting Rule went overboard?
*The rules don't apply to homeowners working on their own house: http://www.epa.gov/lead/pubs/do-it-yourselfers.html You should still take precautions to prevent exposure to yourself and others.
Next time that you have a physical, ask the doctor for a blood lead level test.
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The rules don't apply to homeowners working on their own house:
A nearby neighbor or a future tenant can still sue you for exposing him or her to lead etc. and probably win enough money to go on a first class vacation.
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John G wrote,
"*The rules don't apply to homeowners working on their own house: http://www.epa.gov/lead/pubs/do-it-yourselfers.html You should still take precautions to prevent exposure to yourself and others."
Right, in this case I'm the handyman and I don't want the violate the letter of the law but don't mind violating the spirit of the law. If I install a window in a clean opening it seems that I am not disturbing any lead.
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*I think your biggest problem may be someone from the neighborhood complaining to the building department or maybe the EPA or OSHA. When I took my class to get the license the instructor kept bringing up windows and children. The paint on windows gets chalky from the sun. Kids eat paint chips. Keep a low profile, keep the job site neat and clean, give some appearance of following the rules, and protect yourself from lead exposure. Don't just use a dust mask, use a cartridge respirator. You also don't want dust particles floating around inside of the house. Go around with a damp mop everyday. Cover furniture, isolate pets, and wipe down the walls occasionally.
Before you start you can get a simple test kit at Home Depot and do a few tests. You may not even have a lead issue.
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John G wrote,
"*The rules don't apply to homeowners working on their own house: http://www.epa.gov/lead/pubs/do-it-yourselfers.html You should still take precautions to prevent exposure to yourself and others. "
Right, I'm the handyman and don't want to violate the letter of the law. If I install a replacement window in a clean opening will the EPA be on my ass?
Thank you for all the replies!
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snipped-for-privacy@gmail.com wrote:

I think the answer is that as long as YOU are not disturbing any lead-based paint, or demo-ing anything with lead-based paint in it, the new federal rules regarding lead-based paint do not apply.
You are working for compensation, so any work that you do for compensation would come under those rules, but ONLY if you are disturbing lead-based painted surfaces etc.
The homeowner, is his own home (that is not rented out to others), can do whatever he wants to do. So, if he wants to do the demo (and he should also, but is not required to, use the same safety precautions and clean up etc), he can. All the work you will be doing does not involve any lead-based painted surfaces or demo, so you are okay.
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Suppose a homeowner removed his old windows, in a pre 1978 built home, cleaned up the mess in preparation for the instillation of new replacement windows by a non-lead certified handyman. Has the handyman violated the EPA's lead Renovation, Repair and Painting Rule?
Anyone here think the EPA's lead Renovation, Repair and Painting Rule went overboard?
Thank you for your thoughts!
Yes they have gone way overboard on a great many things...Just have your handyman do it and if anyone comes around just say he is your cousin who lives there and is helping out for free and tell the handyman to say the same thing...Many get around this nonsense here in maine that way..
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