On April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Since April 22, 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 had to be certified and follow specific work practices to prevent lead contamination.

So, this "new" rule isn't so new. But many in the design and construction industry aren't aware of this rule. Many building owners are in the same boat.

Another complicating factor is enforcement. Let's face it - there are some who won't comply with regulations until they face a stiff penalty or may have to shut down operations. In this case, enforcement may seem slow in coming. Don't let that be an excuse for non-compliance. There have been enforcement actions that levied serious fines. Just Google "EPA lead rule enforcement fines" and you'll see more than you want.

EPA requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools be certified by EPA and that they use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices. Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider.

Contractors must use lead-safe work practices and follow these three procedures:

1. Contain the work area.

2. Minimize dust.

3. Clean up thoroughly.

Beginning in December 2008, the rule required 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 affects 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 generally 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, but this does not include window replacement, demolition, or prohibited practices.

Previously, owner-occupants of homes built before 1978 could certify that no child six years of age or younger or pregnant woman was living in the home and "opt-out" of having their contractors follow lead-safe work practices in their homes. On April 23, 2010, to better prevent against lead paint poisoning, EPA issued a final rule to apply lead-safe work practices to most pre-1978 homes, effectively closing the exemption. The rule eliminating the opt-out provision became effective July 6, 2010.

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.

Contractors

Contractors 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, contractors can minimize 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.

Since April 22, 2010, federal law requires renovation firms (including sole proprietorships) to be certified and requires individuals to be trained in the use of lead-safe work practices. EPA has up to 90 days after receiving a complete application for firm certification to approve or disapprove the application.

Those who previously completed an eligible renovation training course may take the four-hour refresher course instead of the eight-hour initial course from an accredited training provider to become a certified renovator.

Contractors who perform renovation, repairs, and painting jobs should also:

•    Provide a copy of EPA or state lead training certificate to clients.

•    Tell clients what lead-safe methods will be used to perform the job.

•    Learn the lead laws that apply to projects.

•    Ask for results of any previously conducted lead tests.

•    Provide references from at least three recent jobs involving homes built before 1978.

•    Keep records of lead-safe work practices & compliance with the regulations.

Consider using the sample recordkeeping checklist that EPA has developed.

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.

Since 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 must follow the lead-safe work practices required by EPA's RRP rule.

Property owners who perform renovation, repairs, and painting jobs in rental property should follow the same general procedure used by contractors (see above).

Homeowners Working at Home

EPA's RRP rule does not cover projects where homeowners perform renovation, repair, or painting work in their own home. For those living in a pre-1978 home and planning to do painting or repairs, read EPA's Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools lead hazard information pamphlet. Homeowners may also 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.

Tenants and Families of Children under Age 6 in Child Care Facilities and Schools

Tenants or parents/guardians of children in a child care facility or school should know their rights when a renovation job is performed in the home, or in the child care facility or school that their 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.

Since 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.

Information for Realtors and Property Management Firms

Realtors and property managers should make themselves aware of the requirements in the 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.

Related Notices, Final and Proposed Rules, and Background Information on EPA's Lead Renovation, Repair and Painting Program Rule

The rule makes minor amendments to the RRP rule related to training requirements and additional requirements for renovation firms. The Agency is not imposing additional "clearance" requirements included in the proposed rule because the existing RRP work practices and cleaning protocols effectively reduce lead dust hazards.

As in any environmental project, educate yourself before beginning to see what particular regulatory requirements apply, as well as how to minimize risk to building occupants, staff, and other personnel involved in the project. Keep in mind that you may want to exceed the requirements outlined in the rule - such as in the case of clearance sampling and verification. That determination is up to you and your project team.  

If you know your facility has lead, and the RRP Rule covers your facility, I recommend getting into compliance as soon as possible (hopefully you’re already in compliance). If your project/facility is covered by the RRP Rule, but you don’t know if lead is present, first find out if lead is going to be a problem.

Email Chris to help you determine if you have lead and how to manage lead in your facility.

Email Chris with questions about your lead project.

Click here to visit EPA's website and get more information on the RRP Rule.