Do My Sub Contractors Need To Be RRP Certified?

There has been a lot of confusion regarding the details of the EPA RRP rule.  One that seems to pop up over and over is certification requirements for sub contractors.  There are two different certification considerations regarding sub contractors; firm certification and worker certification.  Let’s take a look at each separately.

Firm Certification for Sub Contractors:

The EPA is very clear on this.  The following question and answer comes from the EPA web site’s FAQ page:

Question: My firm performs renovations covered by the RRP rule, but solely in the capacity of a subcontractor. If the general contractor is a certified firm, does my firm also have to be certified, or can we just provide the certified renovator?

EPA Answer: All firms performing, offering, or claiming to perform renovations covered by the RRP rule must be certified. In this case, both the general contractor and subcontractor must become certified firms.  

Whether working for the general contractor as a trade partner or a 1099 sales person (offers the work), sub contractors must become certified firms by apply for certification through the EPA.   Ensuring that the subs they use are certified firms is particularly important for general contractors, because as part of the required documentation under the rule, the renovation checklist must include the names of all workers who participated in RRP activities on the job.  If a sub contractor and his workers do work on the job and the sub’s firm is not certified, the EPA will easily be able to find both the general contractor and the sub in violation of the rule.  If a general contractor knows that subs must be certified firms, hiring a non-certified firm to work on a job becomes a knowing and willful violation of the rule, which brings with it serious penalties.  It’s also one easy way for a customer’s lawyer to suggest the contractor is/was negligent.

Note: Both Massachusetts and Rhode Island have this same requirement for sub contractors. 

Worker Certification for Sub Contractors:

Again, the EPA is very clear on this.  The following question and answer comes from the EPA web site’s FAQ page:

Question: Under the RRP Rule, can a certified renovator supervise workers of a different company, or must each firm involved in a project furnish a certified renovator?

EPA Answer: All firms performing renovations must ensure that all individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator.  The RRP Rule does not prohibit firms from reaching agreement on which will supply the certified renovator who is responsible for ensuring compliance with the RRP Rule and who directs and trains non-certified workers.  All firms remain liable for ensuring compliance with the RRP Rule.    

Who is Liable, The General Contractor or the Sub?

The following question and answer provides clarification regarding the responsibility and liability of the business that is acting as the general contractor:

Question: Is the certified renovator assigned to a specific project responsible for the work practices of other contractors on the project if the certified renovator is an employee of the general contractor of the project?

EPA Answer: All firms performing renovations must ensure that all individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator. A firm acting as a general contractor may satisfy this requirement by hiring another certified firm that takes responsibility for ensuring that all individuals performing the renovation activities are either certified renovators or have been trained by a certified renovator. With respect to assigning a certified renovator who is responsible for any on-the-job training and regularly directing workers who are not certified renovators, a firm acting as a general contractor my satisfy this requirement by hiring another certified firm that in turn assigns a certified renovator to the job. However, this does not discharge the general contractor's liability to ensure compliance with the Renovation, Repair, and Painting Rule.

Note: The answer above also applies in Massachusetts, but does not apply in Rhode Island.  In Rhode Island, the RI Lead Hazard Control Standard (Section 14.0) requires the Licensed Lead Hazard Control Firm (LHCF) to have a RI licensed Lead-Safe Remodeler/Renovator (LRM) designee as a condition of licensure.

Rhode Island RRP Rule

Rhode Island has been operating a Lead-Safe Remodeler/Renovator Program since 2001 and has licensed over 1,500 Lead-Safe Remodeler/Renovators. In 2010, the Environmental Protection Agency (EPA) created its own Lead-Safe Remodeler/Renovator Program, known as the Lead-Based Paint Renovation, Repair, and Painting Rule. Rhode Island was the first New England state granted authority by EPA to continue its state Remodeler/Renovator program. 

The following information is from the RI Department of Health web site:

Regulated People and Activities

Rhode Island's RRP Rule applies to contractors, landlords, property managers, homeowners, and anyone else who disturbs painted surfaces on pre-1978 homes or child care facilities. This includes general contractors as well as special trade contractors, such as painters, plumbers, carpenters, and electricians.

In general, the RI RRP Rule applies to any renovation, repair, or painting that disturbs six square feet or more of paint per room on the interior or 20 square feet or more of paint on the exterior of a pre-1978 house or child care facility. Examples of regulated activities include window replacement, remodeling, repair/maintenance, electrical work, plumbing, painting, carpentry, and any type of demolition.

Not all projects are regulated by the RRP Rule. The chart below details who can do what type of work:

Rhode Island's regulations differ from the federal RRP Rule in a few key ways
• Parents with children younger than six years of age must use a licensed Lead Hazard Control Firm.
• The Lead Hazard Control Firm must submit a Start Work Notification to the Department of Health at least three business days before beginning work.
• A licensed Lead-Safe Remodeler/Renovator must be on site at all times.
• When the work is complete, a clearance inspection by a Rhode Island Certified Environmental Lead Inspector or Technician is required. The clearance inspection must include dust wipe samples analyzed by an approved laboratory. Once acceptable dust levels are achieved, the inspector or technician will issue a Certification of Acceptable Clearance Status.

Exemptions
• Housing built after 1978 and any housing declared lead-free by a Rhode Island Certified Environmental Lead Inspector is generally exempt from Rhode Island's RRP Rule.
• Other exemptions include housing for elderly or disabled persons, studio apartments, and dormitories. These buildings are regulated if a child younger than six years old resides there, or is expected to reside there, for more than two weeks per year.

Requirements

Training
• Contractors, painters, and other workers must complete an eight-hour Lead-Safe Remodeler/Renovator training by a licensed training provider.

Licensing
• Once training is complete, an individual can apply to be a licensed Lead-Safe Remodeler/Renovator.
• All Rhode Island licensed Lead-Safe Remodeler/Renovators must be affiliated with licensed Lead Hazard Control Firms.
• Individuals and firms must renew their licenses every five years after completing a four-hour refresher course. (Note: The fee for firms in RI is only $45.00!)

Start Work & Pre-Renovation Notification
• The firm must deliver a copy of the Rhode Island version of the Renovate Right pamphlet to property owners and tenants no more than 60 days and no less than seven days before work begins. 
• The firm must fill out the Pre-Renovation Education form at the back of the pamphlet, have it signed, and keep it for a minimum of three years.
• At least three business days before beginning a job, the firm must submit a Start Work Notification to the Department of Health. 

Lead-Safe Work Practices

While work is being performed, Lead-Safe Remodeler/Renovators and their workers must:

• Contain the work area to prevent dust and debris from escaping.
• Refrain from using work methods that generate large amounts of lead-contaminated dust.
• Dry sweeping, using heat guns at temperatures above 1100°F, open flame burning, and using flammable or methylene chloride paint strippers are prohibited.

When work is complete, Lead-Safe Remodeler/Renovators and their workers must:

• Clean dust and debris using a HEPA vacuum and wet mops.
• Have a Certified Environmental Lead Inspector or Technician conduct a clearance inspection.
• Remove containment barriers upon notification that the dust wipes passed clearance.

Contractors operating in the state of Rhode Island must follow that state's regulations related to the RRP Rule, not EPA's. 

The RI Rules and Regulations For Lead Poisoning Prevention were amended, filed with the Secretary of State and became effective on March 30th.

Click here to view and download the regs as a PDF

According to Rosemary Sheets, a Supervising Industrial Hygienist for the RI Department of Health, the main sections dealing with renovation training, licensure and work practices are Sections 14.0-Lead Hazard Control Standard, 18.0-Certification Requirements To Conduct Training Courses and 20.0-Licensing Requirements To Conduct Lead Hazard Control Work.

The RI Rule does differ in many ways from the EPA RRP Rule.  Contractors who have attended the EPA Certified Renovator classes should review the regulations for differences in the RI rule before working in RI to avoid potential violations and any related penalties and or fines.

Those who work in MA can check the MA RRP Update Tag in the blue box to the left for the latest regarding Massachuesetts' intention to administer the rule in that state.

The EPA RRP renovation checklist is a form used  to document certain activities and the fulfillment of certain requirements related to the project and jobsite. 

Renovators can use the checklist provided by the EPA or can create their own checklist.  An advantage of creating your own checklist could be that it would include additional items, specific to the work types you do, that your business would want to make sure were considered and or completed by employees while working on projects covered under the RRP Rule.  One example might be that abrasive tools were fitted with a shroud and connected to a functioning HEPA vac while in use at the job site.  Another might be how waste water was handled.

According to the EPA RRP Rule:

"This final rule also requires firms performing renovations to retain documentation of compliance with the work practices and other requirements of the rule. Specifically, the firm must document that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed the tasks required by this final rule, and that the certified renovator performed the post-renovation cleaning verification. This documentation must include a copy of the certified renovator's training certificate. Finally, the documentation must include a certification by the certified renovator that the work practices were followed with narration as applicable."

Here is what the renovation checklist offered by the EPA looks like:

PA

A copy of this form is available inside the EPA booklet titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to the renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

Click here to view or download the RI Regulations as a PDF

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.

Under the EPA RRP rules Certified Renovators and Certified Firms are required to have certain documents with them at certain times and must also create and store certain records related to the projects they work on that fall under the EPA RRP Rule.   Documents related to projects that fall under the RRP Rule must be stored and, in the case of an audit,  be available to the EPA for inspection for a period of three years.

Depending on the work performed, who sold it and who did the work, some or all of the following may be required:

• Copy of the Certified Firm and Certified Renovator(s) certifications
• Non certified worker training documentation
• Proof of notification and or pre-education of owners, tenants, and or the parents of children attending child occupied facilities.
• Designation of Certified Renovator to the job
• Information on and results of the use of EPA-recognized test kits provided by a Certified Renovator who acted as a representative on the Certified Firm at the job site and who conducted testing for the presence of lead-based paint on surfaces to be affected by the renovation
• Lead based paint inspection reports provided by a Certified Lead Inspector or Certified Lead Risk Assessor, if applicable
• Any other signed and dated documents form the owner(s) and/or residents regarding conduct of the renovation and requirements in the EPA RRP Rule
• All reports required from the Certified Firm and Certified Renovator by the EPA RRP Rule

Samples of several of these documents can be found in the EPA Publication titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

"Ensure that unlicensed workers trained pursuant to §14.4(b)(2) and all other persons who enter a containment area print and sign their names in the access log book documenting the date and time entering and leaving the containment area."

Click here to view or download the RI Regulations as a PDF

Note:  As of July 9, 2010, Massachusetts has also taken over enforcement and administration of the RRP rule.  Massachusetts has a similar log book requirement to the one described above for Rhode Island

Click here to view or download the MA Regulations as a PDF

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.

Question:

What is the "opt-out" provision of the Renovation, Repair, and Painting (RRP) Rule and when does it apply?

According to the Q&A area of the EPA's web site, before you can offer or do work on pre-1978 homes, you must be a Certified Firm (click here to see this Q&A).  So, even if the work practices are not required, or the owner decides to opt-out, offering services or working on target properties requires that the contractor offering the contract to a property owner be a certified firm.

According to the EPA web site:

"The RRP Rule published April 22, 2008, allows homeowners to 'opt out' of the requirement to hire a trained renovator who follows the RRP work practices if the homeowner certifies that (1) the renovation will occur in the owner's residence, (2) no child under age 6 or pregnant women resides there, (3) the housing is not a child-occupied facility, and (4) the owner acknowledges that the renovation firm will not be required to use the work practices contained in the RRP rule." 

NOTE: On April 23, 2010, the EPA announce that the opt-out provision would be phased out. The change in the rule regarding the opt-out will become effective on July 6th, 2010.  Click here for more on the opt-out posted at the EPA Web Site.

NOTE:  Rhode Island is one of many states and or tribal authorities that has been granted and or is seeking authorization by the EPA to administer the RRP program.  The opt-out provision is/will not be allowed in RI.  If you know of the status of the opt-out in RI and or other states, please contribute that information along with a source/link to confirm accuracy. 

Click here to view or download the RI Regulations as a PDF