As of April 22, 2010, the EPA (Environmental Protection Agency) now requires that renovation and restoration workers are to be trained to use lead-safe work practices and requires renovation firms to be EPA-Certified. Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.

The Lead-Based Paint Renovation, Repair and Painting Program (RRP) is a federal regulatory program affecting contractors, property managers and others who disturb painted surfaces.  It applies to residential house, apartments, and child-occupied facilities.

Why is lead harmful? Lead poisoning is the No. 1 environmental hazard threatening children throughout the United States, affecting an estimated 310,000 children under the age of 6, according to the Baltimore-based Coalition to End Childhood Lead Poisoning. One of the primary culprits? Apartment buildings. Three-quarters of all housing built before 1978 contains lead-based paint, according to the Environmental Protection Agency (EPA). To protect residents, apartment owners with stock built before ’78 must abide by federal and often local regulations, which are becoming increasingly stringent (Azoff).

The RRP includes pre-renovation education requirements as well as training, certification, and work practice requirements. Contractors, property managers, and others who perform renovations for compensation in residential houses, apartments, and child-occupied facilities built before 1978 are required to distribute a lead pamphlet before starting renovation work. Firms are required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices that minimize occupants’ exposure to lead hazards must be followed.

Exempt from the rule are minor repair and maintenance activities—those that disrupt 6 square feet or less of painted surface per room for interior activity or 20 square feet or less of painted surface for exterior activity where none of the work prohibited by the rule is used and where work does not involve window replacement or demolition of painted surface areas (Azoff).

When Were the New Regulations Put in Place?

• 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
  • Program fully effective. Work practices must be followed.

Who Must Comply:
In general, anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978, this may include, but is not limited to:

• Residential rental property owners/managers
• General contractors
• Special trade contractors, including:
  • Painters
  • Plumbers
  • Carpenters
  • Electricians

All individuals performing activities that disturb painted surfaces on behalf of the firm must be either certified renovators or have been trained by a certified renovator. A certified renovator must be assigned to each renovation and performs all of the certified renovator responsibilities. All renovations performed by the firm must be performed in accordance with the work practice standards of the Lead-Based Paint Renovation, Repair, and Painting Program (see the flowchart on EPA Small Entity Compliance Guide to Renovate Right (PDF) (34 pp, 2.5MB) | en español (PDF) (34 pp, 1.3MB)).  Pre-renovation education requirements of the Lead-Based Paint Renovation, Repair, and Painting Program must be performed. The program’s recordkeeping requirements must be met.

To become a certified renovator an individual must successfully complete an eight-hour initial renovator training course offered by an accredited training provider (training providers are accredited by EPA, or by an authorized state or tribal program). The course completion certificate serves as proof of certification. Once accredited, trainers can begin to provide certification training. To maintain their certification, renovators and firms must be re-certified by EPA every five years.

What Activities Are Subject to the Lead RRP?
In general, any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including:

• Remodeling and repair/maintenance
• Electrical work
• Plumbing
• Painting
• Carpentry
• Window replacement

What Does the RRP Require?

Pre-renovation education requirements

• In housing, you must:
  • Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.
• In a child-occupied facility, you must:
  • Distribute the lead pamphlet to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.
• For work in common areas of multi-family housing or child-occupied facilities, you must:
  • Distribute renovation notices to tenants or parents/guardians of the children attending the child-occupied facility. Or you must post informational signs about the renovation or repair job.
• Informational signs must:
  • Be posted where they will be seen;
  • Describe the nature, locations, and dates of the renovation; and
  • Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy (see EPA Small Entity Compliance Guide to Renovate Right (PDF) (34 pp, 2.5MB) | en español (PDF) (34 pp, 1.3MB)).
• Obtain confirmation of receipt of the lead pamphlet (see page 23) from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office.
• Retain records for three years.

Training, Certification, and Work Practice Requirements

• Firms must be certified.
• Renovators must be trained.
• Lead-safe work practices must be followed. Examples of these practices include:
  • Work-area containment to prevent dust and debris from leaving the work area.
  • Prohibition of certain work practices like open-flame burning and the use of power tools without HEPA exhaust control.
  • Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards.

• The training, certification, and work practice requirements do not apply where the firm obtained a signed statement from the owner that all of the following are met:
  • The renovation will occur in the owner’s residence;
  • No child under age 6 resides there;
  • No woman who is pregnant resides there;
  • The housing is not a child-occupied facility; and
  • The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.

How is Compliance Determined and What Are Penalties for RRP Violations?

EPA uses a variety of methods to determine whether businesses are complying, including inspecting work sites, reviewing records and reports, and responding to citizen tips and complaints. Under TSCA, EPA (or a state, if this program has been delegated to it) may file an enforcement action against violators seeking penalties of up to $32,500 per violation, per day. The proposed penalty in a given case will depend on many factors, including the number, length, and severity of the violations, the economic benefit obtained by the violator, and its ability to pay.

To see Flow Charts, Frequently Asked Questions, Sample Forms and more information on the Lead-Based Paint Renovation, Repair, and Painting Program, go here EPA Small Entity Compliance Guide to Renovate Right (PDF) (34 pp, 2.5MB) |en español (PDF) (34 pp, 1.3MB). The EPA’s website on Renovation and Lead.

Azoff, Rache, May 17, 2010 – Got Lead? < http://www.multifamilyexecutive.com/apartment-renovation/got-lead.aspx >

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