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The article below was published in the November/December of the Kentucky Builders Journal (www.HBAK.com).
Are you working on a home renovation, repair or painting project?
Does the project involve a home built before 1978?
About half of homes built before 1978 have lead-based paint. The likelihood of finding lead-based paint increases with the age of the home:
-Two out of three of homes built between 1940 and 1960 have lead-based paint.
-Nine out of ten homes built before 1940 have lead-based paint.
Beginning April 2010, federal law will require contractors that are hired to perform renovation, repair and painting projects in homes, child care facilities, and schools built before 1978 that disturb lead-based paint to be certified and follow specific work practices to prevent lead contamination. Failure to follow the rule can result in severe civil penalties and other unpleasantness. And by severe civil penalties, it could mean fines of up to $37,500 per day per violation, not to mention exposure to civil liability actions with treble damages.
You need to know how to work safely with lead-based paint. Lead safe work practices are a group of techniques that reduce the amount of dust produced by renovation activities. When used correctly, they make the work area safer for workers and the home safe for residents when renovation is complete. Following lead safe work practices will allow you to:
• Set up the job safely;
• Minimize the creation of dangerous lead dust; and
• Leave the work area clean and safe for residents after completing the job.
Conduct Lead Testing Before and/or After the Work is Performed. Pre-job testing can identify any lead paint in the home and allow workers to target lead safe work practices to the areas where there is lead paint. Using the cleaning verification procedure or clearance testing at the end of the job ensures that no dust has been left behind.
The RRP rule affects contractors, property managers and others who disturb known or presumed lead-based paint during renovation. The term renovation covers all activities done for compensation that disturb painted surfaces including most repair, remodeling and maintenance activities, such as window replacement, weatherization and demoli¬tion. The RRP rule applies to all renovation work performed in residential houses, apartments and child-occupied facilities such as schools and day-care centers built before 1978. Those affected by the RRP rule should read the complete rule, which is available on EPA’s Web site at: http://www.epa.gov/lead/pubs/renovation.htm.
The following is from an article by Jon Chandler, CEO of the Oregon Home Builders. If you haven’t thought that this is serious you will after reading this.
• On or after April 22, 2010, no firm may perform, offer, or claim to perform renovations without certification from EPA under §745.89 in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c).
o As a side note, I’m told that EPA has indicated that they will be monitoring contractor advertising in the yellow pages, online, and on services such as Craig’s List or Angie’s List as part of their enforcement strategy. Not good.
• On or after April 22, 2010, all renovations must be directed by renovators certified in accordance with §745.90(a) and performed by certified renovators or individuals trained in accordance with §745.90(b)(2) in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions identified in §745.82(a) or (c).
• Renovation means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities.
• The required training is an 8 hour class. The first 6 hours can be done in a group setting with the remaining 2 hrs in a 6:1 ratio. Kentucky Home Builders & Remodelers with this limited ratio it is imperative that you plan for your training. Class space will be very limited especially as we get closer to April 2010! Please make your plans to receive certification now!
Many of Kentucky’s Local HBA’s will be planning classes to meet these EPA requirements. Watch for this information in your local association’s newletters.
Access Additional Resource Materials. The National Lead Information Center can also provide copies of the following general reference and how-to guidance materials:
The U.S. Environmental Protection Agency‘s Lead: Renovation, Repair and Painting rule governing the work of professional remodelers in homes where there is lead-based paint was published in the Federal Register on Earth Day, April 22. The rule will take effect in April 2010.
The rule addresses remodeling and renovation projects disturbing more than six square feet of potentially contaminated painted surfaces for all residential and multifamily structures built prior to 1978 that are inhabited or frequented by pregnant women and children under the age of six.
It requires a cleaning inspection after the work is completed and grants the remodeler flexibility in determining the size of the work area, which can reduce the size of the area subject to containment.
The EPA rule also lists prohibited work practices ― including open-torch burning and using high-heat guns and high-speed equipment such as grinders and sanders unless equipped with a HEPA filter.
Additionally, the rule establishes required lead-safe work practices, including posting warning signs for occupants and visitors; using disposable plastic drop cloths; cleaning the work area with HEPA vacuuming and wet washing; and individual certification through a training course.
The full rule and brochures for consumers and renovators can be downloaded from the EPA’s Web site.
A 2006 NAHB study on lead-safe work practices showed that a home was better off after a remodel than before, as long as the work was performed by trained remodelers who clean the work area with HEPA-equipped vacuums, wet washing and disposable drop cloths.
Summary of the Rule
Review the points below for a quick summary of the new EPA lead paint rule.
1. Training and Certification
Beginning in April 2010, firms working in pre-1978 homes will need to be certified. Along with the firm certification, an employee will also need to be certified as a Certified Renovator. This employee will be responsible for training other employees and overseeing work practices and cleaning. The training curriculum, which is currently under development by the EPA, will be an eight-hour class with two hours of hands-on training. Both the firm and Certified Renovator certifications are valid for five years. A Certified Renovator must take a four-hour refresher course to be recertified.
2. Work Practices
Once work starts on a pre-1978 renovation, the Certified Renovator has a number of responsibilities. Before the work starts this person will post warning signs outside the work area and supervise setting up containment to prevent spreading dust. The rule lists specific containment procedures for both interior and exterior projects. It forbids certain work practices including open flame or torch burning, use of a heat gun that exceeds 1100°F, and high-speed sanding and grinding unless the tool is equipped with a HEPA exhaust control. Once the work is completed, the regulation specifies cleaning and waste disposal procedures. Clean up procedures must be supervised by a certified renovator.
3. Verification and Record Keeping
After clean up is complete the certified renovator must verify the cleaning by matching a cleaning cloth with an EPA verification card. If the cloth appears dirtier or darker than the card the cleaning must be repeated.
A complete file of records on the project must be kept by the certified renovator for three years. These records include, but aren’t limited to: verification of owner/occupant receipt of the Renovate Right pamphlet or attempt to inform, documentation of work practices, Certified Renovator certification, and proof of worker training. NAHB believes that record keeping will be a major enforcement tool for the regulation.
4. Exemptions
It is important to note that these work practices may be waived under these conditions:
Important Deadlines
December 2008:
Remodelers must start distributing the new EPA pamphlet Renovate Right when working in pre-1978 houses.
April 2009:
Training providers may begin applying for accreditation. Once training providers are accredited, they may offer training courses that will allow renovators to become certified.
October 2009:
Renovation firms may begin applying to EPA for certification.
April 2010:
New rule becomes fully effective. Work practices must be followed.
For more information about this item, please contact Therese Crahan at 800-368-5242 x8211 or via e-mail at tcrahan@nahb.org.
Source: http://www.nahb.org/generic.aspx?genericContentID=118467
Search a data base of Frequent Questions about RRP. You can also submit your own question.
As of February 1, 2010, EPA has 131 accredited training providers. Read the list of EPA’s accredited training providers.
Look into our tool box for information on becoming an EPA-certified renovator or training provider.
View NBC’s Today show story on dangers and precautions to be aware of when renovating older housing or child care facilities.
Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB) | en español (PDF) (20 pp, 3.2MB)
On this page you will find:
EPA Requirements
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.
Until that time, EPA recommends that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
Beginning in December 2008, the rule will require that contractors performing renovation, repair and painting projects that disturb lead-based paint provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978 the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB). | en español (PDF) (20 pp, 3.2MB)
The rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:
Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.
Read EPA’s Lead Renovation, Repair and Painting rule.
View the implementation deadlines associated with the Lead Renovation, Repair and Painting rule.
October 21, 2009 -– EPA is proposing to expand coverage of its 2008 Renovation, Repair and Painting rule as part of its ongoing commitment to eliminate lead poisoning. The proposed rule would eliminate an exemption from the RRP rule. Read about EPA’s action. The Agency will take comments on the proposal for 30 days.
Information for States and Tribes
EPA headquarters has developed guidance documents to assist states and tribes that are applying to EPA for authorization to manage their own lead renovation, repair and painting programs (PDF) (122 pp, 257K).
Information for Property Owners of Rental Housing, Child-Occupied Facilities
Property owners who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing or space rented by child-care facilities must, before beginning work, provide tenants with a copy of EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB). en español (PDF) (20 pp, 3.2MB). Owners of these rental properties must document compliance with this requirement — EPA’s sample pre-renovation disclosure form (PDF) (1 pp, 36K) may be used for this purpose.
After April 22, 2010, property owners who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and follow the lead-safe work practices required by EPA’s Renovation, Repair and Remodeling rule. To become certified, property owners must submit an application for firm certification (PDF) (9 pp, 642K) and fee payment to EPA. EPA will begin processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. Read more about EPA’s rules and lead-safe work practices in EPA’s pamphlet Contractors: Lead Safety During Renovation (PDF) color, in English (2 pp, 826K) | color, en español (PDF) (2 pp, 334K) | HTML version | Other formats
Property owners who perform renovation, repairs, and painting jobs in rental property should also:
Information for Homeowners Working at Home
If you are a homeowner performing renovation, repair, or painting work in your own home, EPA’s RRP rule does not cover your project. However, you have the ultimate responsibility for the safety of your family or children in your care. If you are living in a pre-1978 home and planning to do painting or repairs, please read a copy of EPA’s Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) lead hazard information pamphlet (20 pp, 3.3MB). | en español (PDF) (20 pp, 3.2MB). You may also want to call the National Lead Information Center at 1-800-424-LEAD (5323) and ask for more information on how to work safely in a home with lead-based paint.
Information for Tenants and Families of Children under Age 6 in Child Care Facilities and Schools
As a tenant or a parent or guardian of children in a child care facility or school, you should know your rights when a renovation job is performed in your home, or in the child care facility or school that your child attends.
Information for Contractors
As a contractor, you play an important role in helping to prevent lead exposure. Ordinary renovation and maintenance activities can create dust that contains lead. By following the lead-safe work practices, you can prevent lead hazards.
Contractors who perform renovation, repairs, and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants, and child-care facilities with a copy of EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (20 pp, 3.3MB) | en español (PDF) (20 pp, 3.2MB). Contractors must document compliance with this requirement?EPA?s pre-renovation disclosure form (PDF) (1 pp, 36K) may be used for this purpose.
Understand that after April 22, 2010, federal law will require you to be certified and to use lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA.
EPA will begin processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. Read more about EPA’s rules and lead-safe work practices in EPA’s pamphlet Contractors: Lead Safety During Renovation (PDF) color, in English (2 pp, 826K) | color, en español (PDF) (2 pp, 334K) | HTML version | Other formats
Contractors who perform renovation, repairs, and painting jobs should also:
NOTE: Contractors and training providers working in Wisconsin, Iowa, or North Carolina must contact the state to find out more about its training and certification requirements. These states are authorized to administer their own RRP programs in lieu of the federal program.
Fee Rule
On March 20, 2009, EPA issued a final rule to establish fees for the new Lead Renovation, Repair and Painting rule. The rule establishes fees that are charged for training programs seeking accreditation, for firms engaged in renovations seeking certification, and for individuals (for example, risk assessors) or firms engaged in lead-based paint activities seeking certification. The rule applies only in those states and tribes without their own authorized lead programs. The rule also modifies and lowers fees for the Lead-based Paint Activities regulations. The fees were developed as required by section 402 of the Toxic Substances Control Act (TSCA) to recover the cost of administering and enforcing the law’s requirements. Read EPA’s fact sheet on the final rule.
Information for Training Providers
Training Provider Application and Instructions (PDF) (13 pp, 1.1M) – Training providers applying for accreditation must submit a completed application and fee payment as described in the application instructions. The following list contains key information required in the application:
Instructions for Accredited Training Providers – This document provides EPA accredited renovator and dust sampling technician training providers instructions regarding:
Renovation, Repair and Painting Rule Courses – These courses were developed by the U.S. EPA, in collaboration with the U.S. Department of Housing and Urban Development (HUD), to train renovation, repair, and painting contractors and dust sampling technicians on how to comply with EPA’s Renovation, Repair, and Painting (RRP) rule, and HUD’s Lead Safe Housing rule. The Agency will not be developing a model Dust Sampling Technician refresher training at this time.
Cleaning Verification Cards. Trainers can obtain copies of the Cleaning Verification Cards by contacting the National Lead Information Center at 1-800-424-LEAD (5323).
NOTE: Contractors and training providers working in Wisconsin, Iowa, or North Carolina must contact the state to find out more about its training and certification requirements. These states are authorized to administer their own RRP programs in lieu of the federal program.
Information for Lead Test Kit Vendors
Lead Test Kit Evaluation – EPA is evaluating the effectiveness of lead test kits by asking vendors to submit test kits for review to ensure fewer false negatives.
Information for Realtors and Property Management Firms
Realtors and property managers should make themselves aware of the requirements in the Lead Renovation, Repair and Painting (RRP) Rule. EPA is working closely with the National Association of Realtors to make realtors and property managers aware of the hazards of lead paint poisoning and ways to prevent it, and the association has developed a series of guidance videos aimed at realtors and property managers:
Read EPA’s July 15, 2009, Federal Register notice announcing a final rule to make minor revisions to the Renovation, Repair and Painting Program Rule. Read summary information on the final rule relating to requirements for training providers to submit photos of trainees.
Read other information related to the Renovation, Repair and Painting Program Rule.
