RRP Question:  Does Removing Aluminum Siding Fall Under the RRP Rule?

Question:

"Theoretically, aluminum siding came with paint on it…..and most was installed before 1978.  Does anyone know if the factory paint on aluminum siding has lead in it?  Intuitively, one would pull it off without concern for lead, but I have a client who has asked specifically."

Gregory A. Antonioli, GCP, President

Out of the Woods Construction and Cabinetry

Shawn’s Answer:

Greg:

The rule includes all painted or coated surfaces.  So yes, the siding must be assumed to have lead until tested otherwise.

Note: My opinion as expressed above is based on the fact that the painted surface is being “disturbed”. Here is an interesting conversation about this topic on the JLC forum.

Aluminum siding during that era was manufactured by many different companies so it would not be wise to assume they all used the same paint or coating.  Even if you test a product on one house and find it lead free, under the RRP Rule you must assume that same product might have lead if installed on any other building.

Here is one that might seem crazy.  Along the same vein, even if you built an addition or deck at a home after 1977, and you know all the products you used were purchased and installed after 1977, if returning to work on the addition or deck you must still assume the addition or deck may contain lead.  The only way around this is to test it to prove the absence of lead under the rule.

Something often missed or overlooked is if the original siding under the aluminum siding contains lead.   If you have to remove that siding too or even just disturb more than 20 square feet of the old siding when removing the aluminum siding, then the RRP Rule will apply.

Here is what the EPA says at their RRP FAQ area about removing aluminum siding:

Question:

I am removing aluminum siding from a pre-1978 home. The aluminum siding was nailed over the top of painted wood siding that tested positive for lead. The underlying painted surface is greater than twenty-square feet. Must I comply with the Rule when removing the aluminum siding?

EPA Answer:

The work practices for exterior projects are based on a performance standard – if the activity disturbs a painted surface (generally, by creating paint chips or dust) in excess of 20 square feet, the work area must be contained so that dust or debris does not leave the work area while the renovation is being performed. In this case, if the removal of the aluminum siding results in the disturbance of paint in excess of 20 square feet, then the RRP Rule applies. However, if the removal activity could be performed in such a way that does not disturb 20 square feet of painted surface, then the RRP Rule would not apply.

EPA recognizes that this may be difficult to determine in advance of the renovation activity. However, the renovator is the person with the expertise and experience to make this determination on a case-by-case basis. In such a situation, a renovator should consider how factors like the condition of the underlying paint or the chosen method of removal may increase or decrease the likelihood for a disturbance of paint. If there is still uncertainty, EPA recommends that renovators err on the side of caution and be prepared to contain any dust and debris.

RRP Training Refresher: RRP Rule Interior Containment General Requirements

It’s probably been a while since you took your RRP Certified Renovator Training Class.  This blog post is offered as a refresher topic to help you keep important details about the RRP rule top of mind when selling, estimating or performing RRP renovations.

RRP Rule Interior Containment General Requirements:

• 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.
• Contain the work area: Before renovation, isolate the work area to prevent the escape of dust. During work, maintain the containment integrity and ensure that containment does not interfere with occupant and worker egress from the home or work area.
• 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 floors: Cover floors including carpets in the work area with taped down plastic sheeting or other impermeable material to 6 feet beyond the perimeter of surfaces undergoing renovation or to a distance sufficient to contain dust, whichever is greater.  Remember, if vertical containment is used floor containment measures may stop at the edge of the vertical containment.
• Close windows, close and seal doors: Close windows, close and seal doors in the work area with plastic sheeting or other impermeable material. Doors used as entrances to the work area must be covered with plastic sheeting that allows workers to pass through while confining dust to the work area.
• 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).
• Remove dust and debris from everything leaving the work area: Use precautions to ensure that all personnel, tools and all other items are free from dust and debris before being removed from the work area.

EPA Lead-Safe Certified Firm Logo Use Guidelines

Guidelines for use of the Certified Firm Logo provided by EPA must be followed to avoid fines.   Reading and understanding the following information can help make sure you are in compliance if you plan to use the firm logo on your vehicles, signage and or any marketing you do.

What is the Lead-Safe Certified Firm Logo?

The Lead-Safe Certified Firm Logo identifies a firm as certified under the Renovation, Repair, and Painting (RRP) Rule. The colors used to make the two-color logo are Pantone 362C (green) and Pantone 660C (blue). The font is Helvetica.

What are the guidelines for using the Logo?

The Logo must be reproduced so that all of its components are legible and includes your firm's certification number. The Logo must not be altered or distorted in any way.

You MAY --

• Use the Logo to identify your firm as an RRP-certified firm. Firms that are not RRP-certified may not use the Logo.
• Use the Logo in brochures, advertisements, Web sites, proposals, bills, signs, uniforms, vehicles and other materials promoting or identifying your firm.
• Use the Logo on documents or other materials in black and white or color (two-color or four-color versions are available).

You MAY NOT --

• Use the Logo in any manner that would imply EPA endorsement of a company, its products or services.
• Reduce the Logo to a size smaller than one inch wide by 0.687 inches in height.
• Allow a firm that is not RRP-certified (including your subcontractors) to use the Logo.

EPA will monitor the use of all Logos. If necessary, EPA will address failure to comply with these Logo Guidelines. To report a non-compliant use of the Logo, please contact EPA at 1-800-424-LEAD.

EPA will e-mail information regarding your custom Logo to the e-mail address listed on your firm certification application.

For further questions regarding your EPA Lead-Safe Certified firm Logo, please send an email to: EPARRPFirmLogo@battelle.org or send a fax to: (202) 566-0470. In your email/fax please include your EPA Firm Certification number (e.g., NAT-12345-1), Application ID (e.g., 12345), firm name, and firm mailing address.

EPA Lead-Safe Certified Firm Logo - Information for Training Providers

Accredited training providers may use the Logo on their site and marketing materials as long as it is used as a tool to guide renovators through the firm certification process (i.e., explain the difference between firm certification and individual training). Training providers may inform students that only certified firms will be provided a customized Logo exclusively for their use to advertise their businesses once their firm has been certified. Training providers may distribute the Logo only to principal instructors affiliated with the accredited provider, and only for the purpose of training as described above. Training providers may NOT distribute the Logo to unaffiliated entities. Upon request, EPA will provide to accredited training provider the Logo for their use. Requests can be made to the National Lead Information Center at 1-800-424-LEAD.

Principal instructors that advertise, provide training, and use the Logo must do so under the name of the accredited training provider for whom they work. They may also state that the organization that employs them, if different from the accredited training provider, is assisting with the training.

Information for Press and Marketing Entities

Press and other marketing entities may use the logo on their site and marketing materials provided it does not include a certification number. They may NOT:

• Distribute or provide a downloadable version of the logo
• Indicate association, endorsement or approval from EPA
• Imply lead-safe certification from EPA or any EPA-authorized state.

Upon request, EPA will provide the logo for use.

Note: The information shown above is from the EPA web site.   EPA has already and may again revise these guidelines.  Use this link to find the most recent info at the EPA web site.

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. 

Guest Blog: Making RRP Easier – The RRP Training Suggests Doing Way More Than The Rule Requires

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.

Making RRP Easier – The RRP Training Suggests Doing Way More Than The Rule Requires

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.  Honestly, it was like watching paint dry (incredibly boring). 

However, as I continued reading, 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.

My Discoveries - In the actual law I found:

1. There was no mention of having to wear disposable suits, dust mask, booties or headwear. (Still might need to comply with OSHA)
2. That I didn’t have to put construction debris in a heavy duty plastic bag.  I had to at final clean-up, but not when taking out demolition debris.
3. There was no requirement to put plastic over windows.
4. That there was no mention of putting yellow warning tape at 20 feet out on exterior jobs.
5. That on many jobs, the only paperwork required was a signed receipt of the Renovate Right booklet and completing the record keeping checklist.  This takes me about 5 minutes to do.
6. 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.
7. I didn’t have to mention (if I didn’t want to) anything about RRP during my sales presentations or while giving estimates.  This was especially helpful, because clients don’t want to hear about being lead poisoned … they want to hear about their beautiful renovation.

Watch for Dean's next guest blog where he describes the work practices he now uses to make RRP easier at the job site

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.

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.” 

EPA Approved Lead Test Kit Instructions

Currently there are only two commercially available Lead Test Kits approved by EPA for use on RRP regulated renovations. The approved test kits are offered by Hybrivet Systems, Inc. and ESCA Tech, Inc.  Selecting a lead test kit should be an informed decision. 

Hybrivet Systems, Inc. manufactures and distributes the Lead Check test kit. 

ESCA Tech, Inc. manufactures and distributes the D-Lead Test kit. 

There is one more EPA-recognized test kit, called the Massachusetts Lead Test Kit.  The Massachusetts Test Kit is not commercially available and can only be used by trained professionals—risk assessors or lead abatement professionals

Below, I have included links to written instructions as well as video instructions for both test kits for your convenience.  I find the lead test kit videos particularly helpful because viewers can actually see how each test kit is typically used, what is involved and make a judgment about how long each test will take.

Lead Check Test Kit Video Instructions

Lead Check Test Kit Written Instructions

D-Lead Test Kit Video Instructions

D-Lead Test Kit Written Instructions

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.

RRP Work Can Be Risky if You Are Picking Up The Pieces After a Home Owner Does Their Own Work

In a recent RRPedia article titled “Most Children Poisoned by Lead during Renovations Poisoned by Their Parents”, One commenter posted the following the following comment and question:

“Shawn, this is actually something that I've been thinking about for some months now. As a handyman, I'm called upon to come in after a 'DIYer' has attempted and failed to complete a project. How are contractors supposed to protect themselves with the knowledge that anyone (especially kids) in the house could already have lead poisoning? It's kind of extreme, but do we need to have everyone in the home get tested before we sign a contract to begin repairing their repair work? It's troubling to say the least. There's no doubt that if homeowners were held to the same rules regarding the RRP, there would be more contractor work as they (the homeowners) would not want to go through all the protective measures. Thoughts?”

Scott Remsen

This is an excellent observation and question. The liability in such a situation is huge. I just recently had a conversation about this topic with an attorney well familiar with the RRP rule. Her suggestion was to consider asking the home owner to do testing of the occupants and perhaps even dust wipe testing at the home before beginning any work to establish a point of reference. Discussing this with and asking the home owner to do so would obviously be a sensitive conversation and could likely be a tough sell for many contractors.

In the video below Attorney Andrea Goldman discusses options renovators can consider if they are asked to do RRP work following behind a DIY Home Owner.  This video was filmed at a site where very large lead paint chips were left all around a recently repainted deck.  The video shows paint scraping debris all over the ground and on a picnic table.  The house was right near the ocean.  As you can probably tell from the audio the wind was blowing, causing the paint chips and dust to be spread all around the yard and walkways.  Obviously there was total disregard for any containment or clean up at all, as evidenced by the size of the paint chips.

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