Wisconsin DHS Has Approved LeadCheck Test Kits for RRP Use

According to a letter sent to 3M on Wednesday June 27, 2012 by the Bureau of Environmental and Occupational Health, the state of Wisconsin has just approved the use of 3M’s LeadCheck test kit for use under the state’s Lead Safe Renovation Rule.   Wisconsin is one of the states that has taken over enforcement and administration of the RRP rule from EPA.  They did so on April 22, 2010.

How and why it was approved

After review of regulatory requirements and test kit performance measures the Wisconsin Department of Health Services  has concluded that the 3M LeadCheck test kit can reliably determine that lead-based paint is not present on wood, ferrous metal (alloys that contain iron), drywall and plaster substrates.

According to the letter: “Therefore, immediately, the Department recognizes the 3M LeadCheck paint test kit for use in Wisconsin limited to the negative response criteria under s.DHS 163.16 (2) (a) when performed by certified lead-safe renovators following the manufacturer’s instructions.”

According to the letter the Department has determined that using the negative response criterion alone is as protective of human health and the environment because a false positive would require a renovator to follow the lead-safe renovations when they would not have been necessary and therefore would be overly protective rather than less protective of human health and the environment.

Still hoping for a reliable and affordable quantitative test kit

Still hoping for a test kit that meets both the negative and positive response criteria, the letter clarifies that this recognition will remain in place until such time a kit that does both becomes available.   The current test kits are only accurate enough to determine whether lead is present or not (qualitative test), not indicate how much lead is present (qualitative).  

EPA had assumed a reliable quantitative test kit would be available by September of 2012 when it wrote their RRP Rule, but no kits with that ability have been recognized by EPA or any other state program.  According to EPA’s own research, the lack of a quantitative test kit has doubled the number of projects requiring lead-safe work practices, projects that otherwise would not have required those practices if a quantitative test kit were available. Read this RRPedia article for more clarification on this subject.

The Department plans to place Information about the new recognition on the lead program website and will provide information about the recognition to all Wisconsin training providers offering accredited lead-safe renovation courses.  As of posting this blog the department’s website did not have information about the test kit recognition.

Update 7/11/12:

Information about the test kit recognition and approved method of use has been posted to the department's web site.

Guidelines for Wisconsin Renovators

For the benefit of those working on target housing and child occupied facilities in Wisconsin, the DHS offers the following guidance documents for those who must comply with the state’s Lead-Safe Renovation Rule.

Guidelines for Certified Abatement Workers and Supervisors

Guidelines for Renovation Contractors and Painters

Guidelines for Plumbers, HVAC, Fire Control

Guidelines for Rental Property Managers

Information, Resources and Instructions About Working Lead-Safe

The following is a partial list of links you can use to find information, resources and instructions for working lead safe.  This information can be used by renovators, landlords, tenants and homeowners.  I suggest checking them out.  I found many good work practices, ideas and options to consider that were not offered or discussed in the required Certified Renovator Training class.  Renovators may also find some of the documents valuable to share with prospects and clients when discussing pre-1978 renovations and or if the prospect is considering doing all or part of the work themselves.

If you know of other links to value information worth sharing please leave a comment at the end of this blog and I will add them to the list below.

Links to Information,Resources and Instructions About Working Lead-Safe

A Guide to working safely with residential lead paint

Field Guide for Painting, Home Maintenance and Renovation Work

How to Safely Change a Lead Contaminated HEPA Vac Bag

OSHA standards for cleaning a respirator apply to EPA RRP work

What do I need to know about Respirators when doing EPA RRP work?

What You Don’t Know About Respirators and Probably Would Rather Not Know

Restricted Practices and Prohibited Practices under the EPA RRP Rule

RRP Demo and Asbestos Removal Share Similar Risks and Work Practices

A Fast, Clean and Safe Way to Remove Lead Paint

How to Safely Use a HEPA Vacuum and Change a Contaminated Bag

Amending An EPA RRP Firm Certification

The EPA RRP Rule provides certified firms with adequate time to amend their certification whenever a change to the information included in their RRP Certified Firm application occurs.  You just need to be aware of the requirement to do so and make sure to remember to do so should your information change.

Examples of amendments include a change in the firm's name without transfer of ownership, or a change of address or other contact information.

A firm must amend its certification within 90 days whenever a change occurs to information included in the firm's most recent application. Also, If the firm fails to amend its certification within 90 days of the date the change occurred, the firm would not be authorized to perform renovations until its certification has been amended.  This would be a tough thing for EPA to discover or track proactively, it would most likely happen if the firm was being audited or investigated.

How to Amend your RRP Certified Firm Application

• Amend its certification within 90 days of the date a change occurs to information included in the firm's most recent application.
• Submit an application, noting on the form that it was submitted as an amendment.
• Complete the sections of the application pertaining to the new information, and sign and date the form.
• Include the correct amount of fees.

Important Additional Considerations

• If one of your sub contractors neglects to update their application they will be violating the rule when working on one of your projects and could cause problems for your business.
• Amending a certification will not affect the validity of the existing certification or extend the certification expiration date.
• EPA will issue the firm a new certificate if necessary to reflect information included in the amendment.
• Firm certifications are not transferable--if the firm is sold, the new owner must submit a new initial application for certification in accordance with 40 CFR 745.89(a).
• If additional information is needed to process the amendment, or the firm did not pay the correct amount of fees, EPA will request the firm to submit the necessary information or fees.
• The firm's certification is not amended until the firm complies with the request.

Contact Information for EPA and EPA Regional Offices

The organized links below will bring you to specific web pages for the EPA main office as well as the 10 EPA regional offices around the country. This information can be used by Certified Renovators and Certified Firms to contact EPA regarding questions about the RRP Rule and to report RRP Violations.

The information on and the format of each page varies.   Some of the information found on the various pages may include:

• Contact information
• Office address locations
• Links to access  FAQ databases and to ask questions
• Policy information
• Forms for reporting violations
• Employee directories
• Media contacts
• Ability to report web site issues
• TTY Numbers for the Hearing Impaired
• Individual state environmental agency contact information

EPA Contact information:

EPA Main Contact Page

EPA Staff Directory by name and location

Region 1 - Boston

Region 2 - New York City

Region 3 - Philadelphia

Region 4 - Atlanta

Region 5 - Chicago

Region 6 - Dallas

Region 7 - Kansas City

Region 8 - Denver

Region 9 - San Francisco

Region 10 - Seattle

Directions to EPA Offices:

Get directions to EPA headquarters

Get directions to regional offices

If An EPA Recognized Lead Test Kit Indicates No Lead, Can A Non-Certified Firm Do The Work?

This can be tricky.  Keep in mind that for RRP purposes, only a certified renovator or licensed lead testing professional can do testing to determine that no lead is present.  As EPA indicates in their answer below, if the certified renovator working for a certified firm does the testing, that firm must maintain the required documentation regarding the testing.   So, if the firm that did the testing is doing the renovation, and the testing shows no lead, they can hire (subcontract to) non-certified firms and non-certified workers to do the work.  

Here is one question and answer I found on the EPA FAQ page to help clarify:

Question: If a certified renovator using an EPA-recognized test kit determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?

EPA Answer: Where a certified renovator uses an EPA-recognized test kit, follows the kit manufacturer’s instructions, tests each component affected by the renovation, and determines that the components are free of paint or other surface coatings that contain lead at regulated levels, the renovation can be performed by a non-certified firm and without regard to the work practice standards or record-keeping requirements of the RRP Rule. See 40 CFR 745.82(a)(2). 

However, the certified renovator and firm making the lead-based paint free determination are still subject to the recordkeeping requirements of 745.86(b)(1)(ii) and 745.86(a). Specifically, the certified renovator must prepare a record that states the brand of test kit used, the components tested, and results of the tests. The certified renovator’s firm must retain a copy of this record for three years. EPA further recommends that the firm actually performing the renovation also retain a copy of these records to demonstrate that compliance with the RRP Rule was not required.

So it appears that a non-certified firm can do the work if testing that proved no lead was found was done by someone else, as long as the determination was made by a certified lead inspector or risk assessor, or by a certified renovator using an EPA recognized test kit and following the kit manufacturer’s instructions.    The key is however, that the non-certified firm must have written proof from the person or business that did the testing that there is no lead in the work areas to be disturbed.

So, here is the rub. 

If you are a certified firm and have a certified renovator do the testing, and you give the homeowner a copy of the testing report you create, that homeowner could then hire a non-certified firm to do the work because that homeowner and the non-certified firm they hire can use your test results to avoid RRP firm and work requirements.  Think about this before you test and make your own best decision about if and when you will test during the sales process.

RRP Info for Property Owners of Rental Housing and Child-Occupied Facilities

Note:  This information came from an article on the ASAP Environmental web site and has been updated for the purpose of this post:

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.

Beginning 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. Read more about EPA's rules and lead-safe work practices in EPA's pamphlet Contractors: Lead Safety during Renovation 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.

Deleading vs. Renovation, Repair and Painting Work: What's the Difference? 

Note:  The following information is from the MA Labor and Workforce Development Web site.

While deleading activities conducted in residences and child-occupied facilities often involve work methods similar to those typically used in renovation, repair or painting (RRP) activities, such as replacing windows, painting and installing vinyl siding, the two types of activities are distinct from each other in terms of purpose and effect.

Deleading work is work conducted to achieve compliance with the Massachusetts Lead Law through the abatement of lead paint hazards.  Carried through to completion, deleading work leads to the issuance of a document called a Letter of Compliance, which indicates that the property has met deleading requirements administered by the Childhood Lead Poisoning Program of the Massachusetts Department of Public Health (CLPPP) under the Massachusetts Lead Law and 105 CMR 460.000. In some instances, deleading work takes place after the owner has received an order to bring the property into compliance with the Massachusetts Lead Law.  In other instances, the owner voluntarily decides to delead the property and seek a Letter of Compliance.

Renovation work (RRP work) is work conducted for a fee that disturbs more than threshold amounts of painted surfaces in pre-1978 residences (target housing) and child-occupied facilities (kindergartens, daycares, etc.), where the purpose of the work is other than the abatement of lead paint hazards or the achievement of a Letter of Compliance.  Renovation work is often carried out to repair, upgrade or beautify the property.

Once you have made the initial determination regarding whether your project is a renovation project or a deleading project, the next question is how to choose a contractor who is licensed and qualified to perform the work.   Click on the following link to view a helpful guide on choosing a deleading contractor, “Deleader Contractor Information Bulletin.”  Click on the following link to view a helpful guide on choosing a “lead safe” renovation contractor, “Lead Safe Renovation Contractor Information Bulletin.” 

Landlords Need To Be Aware Of The Recent EPA RRP Rules

Being a landlord brings with it many legal responsibilities related to lead paint that, if not followed, can certainly eat away at any potential profits.  There are many rules to consider and be aware of, the most common being the lead disclosure rules.  Federal rules are one thing, but different rules in different states and different cities can make it quite difficult for landlords to be confident they are complying.  Ignorance of the rules is not an excuse. 

Lead disclosure related rules effecting landlords have been around for some time now.  Still, many landlords are not aware of them and even many who are aware have been getting away with ignoring them.  The EPA typically only proactively audits “bigger fish”, like large apartment complex owners, rather than landlords with fewer properties.  However, when tenants complain about or sue a landlord, their lawyers will often also use lead disclosure compliance as an additional weapon in their arsenal.  Now there is a new weapon tenants and their lawyers can use as well.

Many landlords are not aware of the new RRP Lead rule which must be followed when repairs, renovations, painting and or maintenance is done on their rental properties.   In addition to certain required lead-safe work practices, the RRP rule also includes building occupant notification requirements.  These requirements must be met when working in a tenant’s unit and or if work is to be done in common areas on or in the rental property.  The rule requires that tenants be made aware of the work to be done and where it will be done in advance of starting the work.   Click here to access a list of short videos explaining the RRP Rule.

When work is done inside their units, tenants must be given an EPA published pamphlet titled “Renovate Right”.  The pamphlet explains the dangers of lead and what is required to protect their and their family’s health and safety when work is being done at the property where they live.  If work is to be done in common areas, the pamphlet can either be given to tenants, or, notices can be posted telling tenants how they can receive the pamphlet at no cost to them.   Tenants must also be given or made aware how they can request a document titled the “Renovation Checklist”.  The checklist documents the work done and the lead safe work practices used to do the work.  Under the rule the landlord must maintain documentation proving these and other requirements were met.

If the landlord does his own work on the rental property and or uses his/her own employees to do so, the landlord must also become an EPA Certified RRP firm and only use trained and certified workers to do the work.  If you are a landlord doing your own work, click here to see the list of documentation you are required to create and store.  If the landlord hires a contractor to do the work, the landlord does not need to be certified, but the contractor doing the work does.  If a contractor does the work, the landlord is responsible to obtain from the contractor and store all documentation required under the rule. For violations of the RRP rules landlords can be fined up to $37,500 per day, per violation. 

***Keep in mind that the RRP fines will be in addition to any fines related to disclosure rules.

Some states have taken over administration and enforcement of the rule from EPA.  Make sure you know what specific rules apply to your situation depending on where the property is located.  Click here to see a list of states that have taken over the rule.  If you are a landlord seeking more information about the RRP rule use the tags on the right side of this page to help you find specific information and topics.   Be sure to subscribe to this page if you would like to receive e-mail notification of new posting related to the RRP rule as they happen.  Feel free to share this information with others.

NOTE: If you are a landlord, realtor or member of a group representing landlords or realtors seeking help and information about the RRP rules, feel free to contact Shawn McCadden for assistance.  Shawn offers consulting services and informational seminars related to the RRP rule for landlords, realtors and other affected parties.

Massachusetts RRP Regulations Require Use of a Sign-in/out Log At Containment Areas

One of the differences between the EPA RRP Rule and the Massachusetts RRP Rule is that Massachusetts requires the Licensed Lead-Safe Renovation Contractor (firm) to maintain a sign in/out log, just like the one required for deleading contractors,  for workers who enter and exit the contained work area during RRP renovations. 

According to section 22.13 (2) (e) of the MA RRP Regulations, titled “Record Keeping Requirements”, contractors must maintain a sign in/out log as required by 454 CMR 22.12(1)(a)10

Here is what the MA RRP regulations 454 CMR 22.12(1) (a) 10 state about this containment sign in log, sign out log:

“The Deleading Contractor or other entity carrying out a Class I Deleading Project shall ensure that each person entering or leaving the work area individually completes the appropriate entries in a sign in/out log.  The sign in/out log shall include: the location of the project; current date; printed name; signed name; Massachusetts License number, where applicable; and the time of entry or exiting.”

To help renovators with this requirement I have created a sign in/out log sheet that I am making available as a free download.  Use of the free sign in and out log is at your own risk.  If you have any suggestions to improve the form please feel free to let me know.   I hope this helps.

If you haven’t done so already, you can subscribe to RRPedia in the blue box at the top right of this page.  By doing so, you will receive instant e-mail notification when new articles like this one when they are posted to RRPedia.

Click here to request the free RRP sign in/out log sheet.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

Know the Difference Between RRP and Deleading To Avoid Breaking The Law

According to the Massachusetts Lead Law, any apartment unit or single family home with an occupant who is less than six years old must be deleaded. I bet if you are a Massachusetts resident you probably had no idea that this law existed. If you live outside of Massachusetts, you may want to find out if a similar law exists.

Deleading under the MA Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. Lead paint hazards include loose lead paint and lead paint on windows and other surfaces accessible to children. Owners are responsible with complying with the law. This includes owners of rental property as well as owners living in their own single family home. After deleading is completed, homes are "lead-safe", not "lead-free." In Massachusetts, financial help to accomplish deleading is available through tax credits, grants and loans.

Renovators need to understand that RRP work is not deleading. Your certification and or licensing to do RRP work does not qualify you to do deleading. If deleading is the customer’s purpose for doing the work, only a licensed deleader can do the work unless the property owner does the work himself. (If you are a MA property owner contemplating deleading work, see the note below)

At a recent RRP Workshop I presented in Marlborough MA, one of the attendees, wanted to make sure that everyone in the room understood the difference between RRP work and deleading. In the video below Lawrence “Skip” Moran of Lawrence J Moran, a licensed deleader and remodeling contractor, offers some clarification to help renovators avoid potential violations, fines and or challenges with their customers. Although some of the terms Skip uses in the video may be specific to Massachusetts, renovators around the country should heed what he has to say and check into deleading laws where they work before offering or performing deleading services for clients and or doing deleading at their own rental properties

Note: In Massachusetts, an owner or agent (someone working for an owner without a deleader's license) can perform some specific tasks, but cannot begin any of those tasks until:

1. The home is inspected by a licensed lead inspector
2. The owner or agent is properly trained to perform the deleading work

For more information about what work may be done by an owner or agent and how to become trained, call the Childhood Lead Poisoning Prevention Program at 1-800-532-9571

For more information about RRP for landlords in MA, contact the MA Department of Occupational Safety (DOS) at 1-617-969-7177