Making RRP Easier - New Understandings About RRP Work Practices
Guest Blogger: Dean Lovvorn is a residential remodeler who has done numerous RRP projects. He is also a Lead Inspector, Lead Risk Assessor and EPA RRP Renovator Instructor.
This blog post is a follow-up to a previous RRPedia Guest Blog where Dean listed several differences between the work practices taught in the required Certified Renovator class and what he found is actually required in the RRP rule.
Making RRP Easier - New Understandings About RRP Work Practices
Back in April 2010, I had an exterior remodeling job that was put on hold for a day because of heavy rains. In my boredom, I decided to read the actual RRP law from start to finish. I soon discovered that what I was taught in my 8 hour class and what was in the student manual wasn’t necessarily in the actual law itself.
I was probably dozing off in the 8 hour renovator class, but after these discoveries, I began to clarify some new understandings.
- On exterior containment set-ups, all I really needed to do was put plastic on the ground, be sure windows & doors were closed, cover any doors within 20 feet with plastic and put out a warning sign. If there are no doors and/or windows within 20 feet, simply put plastic on the ground and a warning sign up. Nothing else needed.
- On interior containment set-ups, I just needed to do the same as the exterior (except 6 feet out from where I was working). If there were no furniture/objects or ducts within the 6 foot area … I didn’t have to go any further. Be sure to tape down the plastic on the floor.
Of course, if I was doing some really dusty work, I made the containment (work area) larger, but other than that, it was pretty quick, easy and simple if you were to ask me.
Following are some examples of how reading the actual law has helped me.
Siding Replacement
In this example, I would place 3.5 mil plastic (from Home Depot), instead of the 6 mil plastic 10 feet out on the ground. Then, I would make sure doors/windows were closed, put plastic over any doors and then put up the warning sign. I would also run a plastic runner out to the dumpster and surround the ground around the dumpster with plastic. Doing the containment this way, saves me from having to wrap, bag or HEPA vac the siding (or myself). This is because I can dump the siding without ever going outside the containment area.
If exterior vertical containment is needed a simple solution (pictured to right) can be done.
Replacing Door Slabs
If my job is to replace 15 door slabs, I simply do this without following RRP. This is because the only area I am disturbing on each door is the hinge area and since it falls under the Minor Repair and Maintenance Activities, RRP is not required. This insight came from the FAQ section of the EPA web site.
Bathroom Remodel (Total Gut)
I can demo the tile, tub, shower, toilet and remove the demolition debris without doing any RRP. After that has been done, I cover up ducts with plastic, make sure windows are closed, close doors and cover with plastic, put up a warning sign and then cover the subfloor with plastic (6 feet out from where I will be working).
I put the demoed walls, cabinets and trim into trash cans (with lids on top) and HEPA vac the outside of the trash cans (along with myself) before taking them out of the containment area.
Note: If I’m lucky and there is an exit door (to the outside) close by … I could run plastic to the door, then outside to the dumpster. This way, I wouldn’t need to worry about containing the demolition debris.
Normally, I do the final clean-up, visual inspection and cleaning verification after demolition; so that I can officially end RRP and let non-certified electricians/plumbers/sub-contractors into the work area.
Conclusion
It very well could be that if you did a little homework by reading the actual law, you could reduce the cost of compliance on many jobs to less than 5%. Few contractors will lose a job because they are higher by less than 5%. Plus, with the cost less than 5%, I don’t even mention RRP to my clients during the estimation process anymore, which has helped to improve sales.
Looking for accurate information about the EPA RRP rule? 
Posted signs: These must be posted on all sides of the work area to define the work area, must be in the primary language of occupants, must be posted before the beginning of the renovation, and must remain until cleaning verification is achieved.
Remove or cover furniture/objects: Remove (preferred) objects like furniture, rugs, window coverings; or cover them with plastic sheeting with all seams and edges taped.
Cover duct opening: Close and cover all HVAC vents in the work area with taped down plastic sheeting or other impermeable materials (e.g., magnetic covers).
There was no mention of having to wear disposable suits, dust mask, booties or headwear. (Still might need to comply with OSHA)
It didn’t say I had to use 6 mil plastic, which made me happy since the 3.5 mil plastic sold at Home Depot cost less.
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.
Links to Information,Resources and Instructions About Working Lead-Safe
isclaimer: This post is shared for informational purposes only. I have no experience or any financial arrangement with these companies. 
On December 2nd, 2010 I attended an 
At the workshop Joe Ceccarelli, a trainer with Safety Trainers, shared some information with the attendees regarding OSHA’s plans to step up inspections and increase fine amounts related to the residential construction Industry. He told us that OSHA Region 1 has hire 250 new additional field inspectors and 40 of those have been assigned to Massachusetts alone. I was quite taken back when Joe told us he had learned that 72% of OSHA violations levied against residential construction businesses were for what OSHA calls “serious or willful violations” and resulted in fines ranging from $3000 to $70,000. 
The RRP rule requires that dust and debris be controlled in the work area while working in homes built prior to 1978 unless all effected components of the renovation are properly tested and lead is not found. You can find information about the legal definition of lead paint and the accuracy of testing methods 
Required containment is similar for all jobs, but jobs that generate more dust and debris may require protection of larger areas. While the Rule does not require vertical containment, such systems may be helpful in limiting the size of the area affected by the work and may reduce the area that must be cleaned at the end of the job. Pre-engineered containment systems (purchased and home-made) are very helpful in cutting time spent on the job erecting containment and are easier to install than hanging plastic sheeting with tape. These systems also allow the contractor to create a sealed room within a room where the dust can be completely contained to a limited and controlled area. 
Many contractors seeking to comply with the new EPA RRP rule are reporting concerns and challenges about finding trade partners who are willing to operate in compliance. Many renovators have told me that their trade partners have flat out refused to get their businesses and workers certified. Others have said their trade partners have committed to do so but have been slow to get it done due to the related costs. This has become quite an opportunity for some trade partners who have become certified and are marketing their certifications and services to general contractors. Several are actually offering to sub-contract the set-up, containment, demo, clean-up, cleaning verification and all related and required documentation for general contractors.
Who will take care of the notification requirements and documentation of same before the job begins? Under the rule, either can do so, but the business under contract with the property owner must maintain the required documentation.
The first time a RRP fine is accessed for a violation the finger pointing will start, causing one or both businesses to get serious about certification and compliance. The first time a renovator is sued by a client or neighbor as a result of the actions of a trade partner, the tactics used by the lawyers will cause both businesses to have a new and different outlook on RRP compliance, insurance coverage amounts and indemnification clauses. 
To confuse matters even further, under their definition of the difference between an employee and an independent contractor, the IRS says that a contractor cannot supervise the work or workers of a sub contractor. Doing so might result in the IRS labeling the sub contractor as an employee. If this were to happen it could trigger addition payroll taxes and workers compensation costs for the general contractor.
If an EPA enforcement employee and and OSHA Field inspector show up at one of your jobsites, at the same time, there is no way you will be able to satisfy both. I suggest this is another example of shortsighted leadership within both organizations. It also points out the lack of knowledge and awareness our political leaders in Congress have as it relates to understanding the construction industry and overseeing the creation of regulations that affect businesses of all sizes.
"The RRP Rule covers renovations, which are defined as modifications of existing structures or portions of structures. The rule does not apply to demolitions of an entire free-standing building or structure.
