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.
All contractors should follow these three simple procedures:
1. Contain the work area.
2. Minimize dust.
3. Clean up thoroughly.
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.
The rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:
- Renovation contractors
- Maintenance workers in multi-family housing
- Painters and other specialty trades
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.
October 21, 2009 -- EPA proposed expanding 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.
EPA AUTHORIZED STATE PROGRAMS
EPA has the authority to authorize states, tribes and territories to administer their own RRP program that would operate in lieu of the EPA regulations. When a state, tribe or territory becomes authorized, contractors and training providers working in these areas and consumers living there should contact the appropriate state, tribal or territorial program office. Currently the following states have been authorized by EPA: Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, and Utah.
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. Owners of these rental properties must document compliance with this requirement - EPA's sample pre-renovation disclosure form 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 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.
Property owners who perform renovation, repairs, and painting jobs in rental property should also:
- Take training to learn how to perform lead-safe work practices.
- Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
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 lead hazard information pamphlet. 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.
Before starting a renovation in residential buildings built before 1978, the contractor or property owner is required to have tenants sign a pre-renovation disclosure form, which indicates that the tenant received the Renovate Right lead hazard information pamphlet.
Beginning in December 2008, the contractor must also make renovation information available to the parents or guardians of children under age six that attend child care facilities and schools, and to provide to owners and administrators of pre-1978 child care facilities and schools to be renovated a copy of EPA's Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools lead hazard information pamphlet (20 pp, 3.3MB).
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. Contractors must document compliance with this requirement. EPA's pre-renovation disclosure form 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.
Contractors who perform renovation, repairs, and painting jobs should also:
- Take training to learn how to perform lead-safe work practices.
- Find a training provider that has been accredited by EPA to provide training for renovators under EPA's Renovation, Repair, and Painting (RRP) Program. *Please note that if you previously completed an eligible renovation training course you may take the 4-hour refresher course instead of the 8-hour initial course from an accredited training provider to become a certified renovator.
- Provide a copy of your EPA or state lead training certificate to your client.
- Tell your client what lead-safe methods you will use to perform the job.
- Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
- Ask your client to share the results of any previously conducted lead tests.
- Provide your client with references from at least three recent jobs involving homes built before 1978.
- Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
Read about how to comply with EPA's rule in the EPA Small Entity Compliance Guide to Renovate Right.
Read about how to use lead-safe work practices in EPA's Steps to Lead Safe Renovation, Repair and Painting.
NOTE: Contractors and training providers working in Wisconsin, Iowa, North Carolina Mississippi, Kansas, Rhode Island, and Utah 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.
Thanks to the EPA for this posting.
For the most Updated information go to:
https://www.epa.gov/lead
