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Lead Paint--Are You Ready to Comply?
Many contractors want to know if they need to comply with an EPA lead rule that goes into effect on April 22 and addresses renovations and repair. The answer depends on the age of the building, the occupants, and the scope of the work being done.
It’s possible some of this confusion exists because of the terminology the EPA used to describe the types of activities that trigger compliance with the rule. When it frequently refers to “renovation,” the EPA means activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities. In some cases, this could mean HVACR work.
The EPA Lead Renovation, Repair, and Painting Rule applies to renovations, repairs, and painting activities in target housing and child occupied facilities where more than 6 square feet of interior painted surface per room (including closets) or twenty square feet of exterior painted surface are disturbed by cutting, sanding, scraping, or the removal, modification, or repair of components such as walls, ceilings, windows, doors, or plumbing.
Six square feet is basically a two foot by three foot hole in the wall.
Target housing is as any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in such housing) or any zero-bedroom dwelling, such as a studio apartment and dorm rooms.
A child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in public or commercial buildings or in target housing.
This new rule works in tandem with current lead remediation rules that require a contractor to provide pre-renovation education requirements, such as EPA’s lead pamphlets.
Effective April 22, 2010, contracting companies that would have to comply with the rule are required to become certified firms. Also, each contracting firm must have at least one individual employee who certified as a renovator.
How To Get Certified
To become a certified firm, a contracting company must first submit an application to the EPA along with a $300 fee. You can download a copy of the application for firm certification at:
• Application for firm certification (PDF) (9 pages)
o Example application for a renovation firm (PDF) (2 pages)
o Example combination application for a renovator and abatement firm (PDF) (2 pages)
Certified firms must have at least one employee who holds the renovation certification. The certification process for renovators includes an 8 hour training course offered by an accredited training provider and a practical demonstration of proficiency with minimizing lead dust. Certified renovators responsible for ensuring compliance with the rule and trains and oversees other employees in the work place activities and compliance.
EPA has a list of accredited trainers that can certify renovators at http://www.epa.gov/lead/pubs/trainingproviders.htm. You can also view a calendar of training opportunities at http://www.nchh.org/Training/Calendar/tabid/332/cat/2/Default.aspx.
Like many rules that apply to contractors, an exemption exists for homeowners who perform do-it-yourself projects.
The rule does include an opt-out provision, under which a homeowner (or building owner) could sign a waiver and release the contractor from meeting the requirements of the rule. The opt-out provision has been challenged by child advocacy groups. A pending review of the rule by EPA and the Office of Management and Budget may remove the opt-out provision.
While the rule is set to become effective April 22, EPA is considering a delay in the implementation date. ACCA filed comments in support of the delay because not enough trainers have been accredited to meet demand.
For more information, read EPA’s special guide for contractors: http://www.epa.gov/opptintr/lead/pubs/sbcomplianceguide.pdf