New Shawn McCadden Videos About The EPA RRP Rule; RRP Information For Renovators

I recently completed a series of seven videos about the new EPA RRP rule. The RRP videos were done for Remodeling magazine. They are posted to the Remodeling TV area of Remodeling magazine’s web site.

The videos are sponsored by The Home Depot. The video series is titled “The Insider's Guide to the EPA's Renovation, Repair and Painting Rule”. The series covers critical information about the Environmental Protection Agency's RRP rule and certification process, and explains how the rule may affect your business.

I had a lot of fun doing the videos. Lots of great people donated their time, knowledge and expertise. I also learned a lot from writing the script, interviewing contributors, editing the script with the magazine’s editor Sal Alfano, reviewing the raw footage, and working with the videographer, Chuck Greeen of Perpetual Motion Pictures. Working with Chuck was a unique advantage. As a fellow remodeler and Certified Renovator, Chuck not only filmed and edited the videos, he also contributed greatly to the content and success of the whole project.

Here is a list of the videos, a brief description of what is discussed in each as well as links to view them:

Video One: The EPA RRP Rule and Your Business

This video covers the business responsibilities, associated liabilities and risks related to the RRP Rule. Kermit Baker, Senior Research Fellow at Harvard University's Joint Center for Housing Studies stresses that remodelers need to become experts in this area or leave the work to others who are. Attorney Mike Sams of Kenney & Sams, P.C. warns about the legal liabilities for failure to follow the regulations. Shawn McCadden discusses the firm and worker certification process, related fees as well as certified renovator and firm responsibilities.

Video Two: RRP Training

This video covers the worker training requirements of the rule and the content of the EPA Certified Renovator training class. Shawn McCadden also discusses the importance and benefits of choosing a training class conducted by a training instructor with real life renovation experience.

Video Three: EPA RRP Notification Requirements

The EPA RRP rule specifies certain notification requirements depending on where the work is done and who occupies and or visits the building being renovated. This video covers these requirements, related firm documentation requirements as well as the information and documentation that must be given to property owners and others. Shawn McCadden also discusses many of the important details that must be included in the required documentation.

Video Four: RRP Work Practices

This video includes a summary of the required lead-safe work practices required under the RRP Rule. Shawn McCadden walks through critical considerations related to the rule that must be followed to stay in compliance with the rule, protect occupants and workers and to control costs. Shawn also discusses interior and exterior cleaning and cleaning verification requirements.

Video Five: RRP Record Keeping

Inspection of the required documentation under the rule will be a major enforcement tool used by EPA. In this video Shawn McCadden discusses the required documentation related to worksite activities as well as many business administration activities. Mark Paskell of the Contractor Coaching Partnership shares a few of the many methods EPA will have at their disposal to inspect and verify a firm’s compliance with the rule. Shawn adds several more methods to Mark’s list and also discusses the penalties and fines EPA can assess on violators.

Video Six: Exemptions to RRP Work Practices

In this video Shawn McCadden gives examples of when, where and why the RRP rule and work practices are not required under the rule. Shawn stresses that even if the work practices are not required under the RRP rule, your business will still be liable if lead poisoning and or contamination results from the way work is performed. Shawn and contractor insurance expert Tom Messier of Mason and Mason Insurance both stress the importance of verifying proper and adequate insurance coverage to protect your business, available coverage options as well as related costs for coverage.

Video Seven: Business Considerations and Summary

Shawn Mccadden stresses that this new rule is a game changer. Shawn tells us businesses must take this new rule seriously and adjust their business practices accordingly to protect profits and control liabilities. Mark Paskell of the Contractor Coaching Partnership stresses that contractors should verify that the documentation forms they use will comply with the rule and also assist the business in managing and performing the work. Gerry McGonagle of Belfor Property Restoration offers his advice on qualifying the right employees to do the work. Shawn also discusses some of the new responsibilities the rule brings with it for employees in all positions within the business.

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.

Abatements vs. Renovations What's the Difference?

Renovators doing RRP work definitely need to know the difference between renovations and abatement.   Unless specifically licenced to do so, renovators are not allowed to do abatement work.  Renovators would be wise to make sure property owners know the difference as well.  Employees should also be clear on the difference between renovations vs abatement, so as not to misrepresent the work they are doing when discussing a remodeling project with clients and prospects.

Abatements vs Renovations

Abatement means an activity designed to permanently eliminate lead paint hazards. Abatement includes any of the following:

• The removal of lead paint and lead-contaminated dust; the permanent enclosure (barrier) or encapsulation (special paint coating) of lead paint; the replacement of lead-painted surfaces or fixtures; the removal or covering of lead-contaminated soil; and any preparation, cleanup, disposal, and post-abatement clearance testing associated with these activities.
• A project for which there is a contract indicating that a company will be performing work on a housing unit, day care center, preschool, or kindergarten that is designed to permanently remove lead paint hazards.
• -A project resulting in the permanent removal of lead paint hazards, conducted by a certified abatement company.
• A project resulting in the permanent removal of lead paint hazards, conducted by a company who, through its name or promotional literature, represents, or advertises to be in the business of performing lead paint activities.
• A project resulting in the permanent removal of lead paint hazards that is conducted in response to a state or local government lead abatement order, as in the case of a lead poisoned child.

Abatements are generally performed in three circumstances:

• In response to a child with an elevated blood lead level
• In housing receiving HUD financial assistance
• State and local laws and regulations may require abatements in certain situations associated with rental housing.

Abatements are not covered by the RRP rule.

Renovations are performed for many reasons, most having nothing to do with lead-based paint. Renovations involve activities designed to update, maintain, or modify all or part of a building. Renovations are covered by the RRP rule.

Other terms and definitions:

Painting and Coatings terms and definitions

Glossary and Definitions of EPA RRP Terms

WHAT ARE THE SIGNS OF LEAD POISONING?

As like many of you, I have definitely exposed my body to lead over the last 30 plus years I have been involved in remodeling.   As I learn more about lead poisoning and the symptoms of lead poisoning, I flash back to my younger years working for my dad’s remodeling business.   Back then there was little awareness or thought given to the way we worked when disturbing lead paint.   One summer I remember complaining of stomach aches, muscle pains and constantly feeling tired even after having the weekend off.   My parents took me to the doctor but the doctor couldn’t find any reason for these symptoms.  He gave me a terrible tasting medication to take daily and asked me to report back on how I was doing.   The symptoms would seem to come and go all summer long, but then went away when I went back to college after the summer was over.  This same scenario played over again the following summer.

Later I found out from my parents that the doctor had told them my symptoms were psychosomatic.   He made this decision because the medication he gave me was only a placebo but I was reporting improved health.  Looking back what was actually happening was that I was moving in and out of exposure to lead as I was moved from one project to the next.  If I gutted a kitchen and remodeled it I would get sick and the symptoms would appear.  After completing that project I might move to an addition or attic renovation project where I would have little or no exposure to lead.  My symptoms would come and go as I moved from project to project and as my body had time to adjust.

Fortunately for me, in the early days of owning my remodeling business, I learned a lot about lead and lead safe work practices through the NARI/HUD Lead Safe Remodeler training program that came out in the mid 1990’s.  The current Certified Renovator training is only one day and really only teaches attendees how to contain the dust and debris.  Different than the current class, the NARI/HUD class was two days long and actually thought us lead-safe work practices that eliminated or significantly reduced the creation of lead dust and debris.  Attending that class was definitely worth the investment of time and money.  Both I and my employees changed the way we thought about the work we did and the methods we used going forward.

Lead poisoning is a serious concern, often confused with other illnesses:

(Note: The following information comes from the Massachusetts Division of Occupational Safety, Publication: # 17379-13-200-7/93)

Workers can be exposed to lead by breathing in lead dust or fumes from work activities, by eating, drinking or smoking in work areas, or by handling contaminated objects - and accidentally swallowing lead dust. Workers in many workplaces have so much lead in their bodies that they are slowly being poisoned. The symptoms may hardly be noticeable at first. But over time, lead can damage the brain, blood, nerves, kidneys and reproductive organs. This damage can cause serious disability: memory loss, extreme tiredness, emotional problems, even kidney failure, coma or death.

Lead poisoning can occur when people are exposed to large or small amounts of lead over time. Lead builds up in the body and may cause temporary or permanent damage. A blood lead test can show whether your body has absorbed a dangerous amount of lead. A high blood lead level is an indication that lead is building up in the body faster than it can be eliminated.

There are many symptoms or signs that suggest a problem with lead, but they can also be symptoms of other illnesses. It is also possible to have lead poisoning without noticing any symptoms. If you work around lead you should regularly see your doctor, whether or not you are experiencing the following symptoms:

Early Signs and Symptoms of Lead Poisoning:

• Fatigue
• Headache
• Sleeplessness
• Uneasy stomach
• Irritability or nervousness
• Poor appetite
• Metallic taste
• Reproductive problems 

Later Signs and Symptoms:

• Aches or pains in stomach
• Memory problems
• Muscle and joint pains
• Constipation
• Nausea
• Weight loss
• Weak wrists or ankles
• Kidney problems

Note:  The Photo above shows wrist-drop in adult with lead poisoning and renal failure.

What to do if you have been poisoned by lead

RRP and OSHA Requirements; What's Wrong With This Picture?

The picture below was published in a small Massachusetts news service.   I am purposely leaving out the name of the news service and this contractor.  There was no story with the picture, only a caption that gave this person's name, business name and discussed that he was "removing layers of paint from an 1800s historic house on Main Street in preparation for a fresh coat of paint".  The picture was e-mailed around between several association leaders and employees of OSHA as well as the MA Department of Occupational Safety.  The guy in the picture probably thought he had stumbled upon some free advertising....

There are a whole host of OSHA violations and RRP violations in this picture.  I am throwing it out there so you can use the comment section below to tell us what you see.   I am betting together we can find at least 30 seperate violations.  

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.

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.

The RRP Renovation Checklist Must Be Given to Certain Parties At The Completion Of Renovations

Because of one of the EPA RRP amendments, there is a new requirement regarding documentation.  As of the amendment that took effect on July 6th, 2010, when the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information demonstrating compliance with the training and work practice requirements of the RRP rule to the owner of the building being renovated and, if different, to the occupants of the renovated housing or the operator of the child-occupied facility.

• For renovations in common areas of target housing, the renovation firm must provide the occupants of the affected housing units instructions on how to review or obtain this information from the renovation firm at no charge to the occupant. These instructions must be included in the notice provided to each affected unit or on signs posted in common areas. Similar requirements apply for renovations in child-occupied facilities.
• The renovation firm is also required to provide interested parents or guardians of children using the child-occupied facility instructions on how to review or obtain a copy of these records at no cost to the parents or guardians. This could be accomplished by mailing or hand delivering these instructions, or by including them on the signs posted.
• Renovation firms must provide training and work practice information to owners and occupants. The information should be provided in a short, easily read checklist or other form. EPA's "Sample Renovation Recordkeeping Checklist'' may be used for this purpose, but firms may develop their own forms or checklists so long as they include all of the required information.

• The specific information that is required to be provided are training and work practice compliance information, as well as identifying information on the manufacturer and model of the test kits used, if any, a description of the components that were tested including their locations, and the test kit results.
• The checklist or form must include documentation 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 the RRP rule, and that the certified renovator performed the post-renovation cleaning verification.
• This documentation must include a certification by the certified renovator that the work practices were followed, with narration as applicable.
• EPA is not requiring that the renovation firm automatically provide a copy of the certified renovator's training certificate, which must be maintained in the firm's records as an attachment to the checklist or other form.

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.

What Is The Lead Disclosure Rule?

Renovators doing RRP work will be involved with lead testing.  Lead testing for RRP related projects can be done by the certified renovator, a certified lead inspector or certified lead risk assessor.  The type of testing that can be done by each varies, but regardless of who does the testing written reports are required and, by law, certain individuals must be given a copy of those reports if lead is found.  The EPA RRP rule is specific about who must receive test reports if the testing is done for the purposes of an RRP renovation.   

Regardless of the original purpose of testing (RRP or any other purpose), once a reports exists, the Lead Disclosure Rule below dictates who must receive the reports and when in regards to the selling or leasing of a property.  The rule also specifies what documentation must be created and maintained to prove the reports were distributed to the required parties.  Because of the considerations of the Lead Disclosure Rule, I recommend renovators get the property owner's written permission prior to conducting any lead testing.

The following information is from the HUD web site:

Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

What is Required?

Before ratification of a contract for housing sale or lease, sellers and landlords must:

• Give an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards ("Protect Your Family From Lead In Your Home" pamphlet, currently available in English, Spanish, Vietnamese, Russian, Arabic and Somali).
• Disclose any known information concerning lead-based paint or lead-based paint hazards. The seller or landlord must also disclose information such as the location of the lead-based paint and/or lead-based paint hazards, and the condition of the painted surfaces.
• Provide any records and reports on lead-based paint and/or lead-based paint hazards which are available to the seller or landlord (for multi-unit buildings, this requirement includes records and reports concerning common areas and other units, when such information was obtained as a result of a building-wide evaluation).
• Include an attachment to the contract or lease(or language inserted in the lease itself) which includes a Lead Warning Statement and confirms that the seller or landlord has complied with all notification requirements. This attachment is to be provided in the same language used in the rest of the contract. Sellers or landlords, and agents, as well as homebuyers or tenants, must sign and date the attachment.
• Sellers must provide homebuyers a 10-day period to conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards. Parties may mutually agree, in writing, to lengthen or shorten the time period for inspection. Homebuyers may waive this inspection opportunity.

Types of Housing Covered?

Most private housing, public housing, Federally owned housing, and housing receiving Federal assistance are affected by this rule.

Effective Dates:

The regulations became effective on September 6, 1996 for transactions involving owners of more than 4 residential dwellings and on December 6, 1996 for transactions involving owners of 1 to 4 residential dwellings.

Recordkeeping:

Sellers and lessors must retain a copy of the disclosures for no less than three years from the date of sale or the date the leasing period begins.

What Can You Do?

If you did not receive the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form when you bought or leased pre-1978 housing, contact 1-800-424-LEAD (5323).

According to the HUD web site, this content was current as of March 4, 2008.  Click here to view this information on the HUD website

This glossary was assembled using the EPA; Renovation, Repair, and Painting Program Final Rule (§ 745.82), issued April 2008 as well as a variety of other sources.

Renovators working under the EPA RRP Rule should become familiar with these terms and their meanings.  If you haven't noticed already, the EPA has taken upon itself to create new and different definitions to many common terms already used in the renovation and remodeling industry.   This can cause confusion when attempting to understand and interpret the EPA RRP Rule.  Knowing these terms and the related "EPA RRP Definitions" for these terms can help avoid inaccurate assumptions and potential fines.

There are many other terms used in the EPA RRP rule than what have been included here.  I will add more as time permits.  Please feel free to contribute additional terms and definitions and or request any you feel should be added to this list. 

Definition of Lead Based Paint

Lead-Based Paint (LBP) is a term used by Housing and Urban Development (HUD) and the EPA's Toxic Substances Control Act (TSCA) program. It defines paint with lead levels equal to or exceeding 1.0 milligram per square centimeter (1mg/cm2) or 0.5 percent by weight. Lead-based paint is not a term used by the Dangerous Waste program because the program only regulates lead if there is to leach 5.0 or more milligrams per liter on a TCLP Test - a different method of measurement. (Section 302(c) of the Lead-Based Paint Poisoning Prevention Act)
 
Abatements vs. Renovations

Abatement means an activity designed to permanently eliminate lead paint hazards. Abatement includes any of the following:
-The removal of lead paint and lead-contaminated dust; the permanent enclosure (barrier) or encapsulation (special paint coating) of lead paint; the replacement of lead-painted surfaces or fixtures; the removal or covering of lead-contaminated soil; and any preparation, cleanup, disposal, and post-abatement clearance testing associated with these activities.
-A project for which there is a contract indicating that a company will be performing work on a housing unit, day care center, preschool, or kindergarten that is designed to permanently remove lead paint hazards.
-A project resulting in the permanent removal of lead paint hazards, conducted by a certified abatement company.
-A project resulting in the permanent removal of lead paint hazards, conducted by a company who, through its name or promotional literature, represents, or advertises to be in the business of performing lead paint activities.
-A project resulting in the permanent removal of lead paint hazards that is conducted in response to a state or local government lead abatement order, as in the case of a lead poisoned child.

Abatements are generally performed in three circumstances:
– In response to a child with an elevated blood lead level
– In housing receiving HUD financial assistance
– State and local laws and regulations may require abatements in certain situations associated with rental housing.

Abatements are not covered by the RRP rule.

Renovations are performed for many reasons, most having nothing to do with lead-based paint. Renovations involve activities designed to update, maintain, or modify all or part of a building. Renovations are covered by the RRP rule.

Certified Firm

Certified Firm means a firm that has received EPA certification to perform renovations as covered by the Final Rule (745.82). Firms that perform renovations for compensation must apply to EPA for certification to perform renovations or dust sampling. To apply, a firm must submit to EPA a completed "Application for Firms,'' signed by an authorized agent of the firm, and pay a fee. To maintain its certification, a firm must be recertified by EPA every 5 years.

Certified Renovator

Renovator means an individual who either performs or directs workers who perform renovations. A certified renovator is a renovator who has successfully completed a renovator course accredited by EPA or an EPA-authorized State or Tribal program.

Child-Occupied Facility

Child-Occupied Facility means a building, or 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 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.

Cleaning Verification Card

Cleaning verification card means a card developed and distributed, or otherwise approved, by EPA for the purpose of determining, through comparison of wet and dry disposable cleaning cloths with the card, whether post-renovation cleaning has been properly completed. (Anticipated to be distributed by EPA, Fall 2008.)

Lead; Renovation, Repair, and Painting Program (LRRPP) Rule

Lead; Renovation, Repair, and Painting Program (LRRPP) Rulemeans rules (40 CFR 745), which include Weatherization (see Renovation), established by the U.S. Environmental Protection Agency (April 2008) to address lead-based paint hazards created by renovation, repair, and painting activities that disturb lead-based paint in target housing and child-occupied facilities. (see definitions for target and child-occupied facilities

Firm

Firm means a company, partnership, corporation, sole proprietorship or individual doing business, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization. In the case of Lead Safe Weatherization work, a firm can be the grantee, subgrantee, or contractor.

HEPA Vacuum

HEPA vacuum means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it

Lead Safe Weatherization (LSW)

Lead Safe Weatherization (LSW) means a set of protocols, established by the U.S. Department of Energy (WPN 02-6 issued July 23, 2002) to be used when disturbing surfaces that may have lead-based paint, that will reduce and control the amount of lead dust and paint chips that are generated. The protocols address compliance with applicable regulations, and are intended to reduce the risk of liability and health issues associated with the work.

Minor Repair and Maintenance (De minimis)
Minor repair and maintenance means activities, including minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by § 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas. When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed. Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.

Recognized Lead Test Kits

Recognized test kit means a commercially available kit recognized by EPA under the EPA LRRPP Rule as being capable of allowing a user to determine the presence of lead at levels equal to or in excess of 1.0 milligrams per square centimeter, or more than 0.5% lead by weight, in a paint chip, paint powder, or painted surface

Renovation

Renovation means the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined by this part (40 CFR 745.223). The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); Weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under this subpart. The term renovation does not include minor repair and maintenance activities. EPA added ‘‘Weatherization,'' to the definition to make it clear that all of these activities are covered by this definition if they disturb painted surfaces.

Target Housing

Target housing means housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any one or more children age 6 years or under resides or is expected to reside in such housing for the elderly or persons with disabilities); or any 0-bedroom dwelling. (Any residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings.) 

Work Area

Work area means the area, of the work site, that the certified renovator establishes to contain the dust and debris generated by a renovation. 

Work Site

Work site means physical property address/location where Lead Safe Weatherization work will be conducted.

In a June 3, 2010 Boston Globe articleby long time "Handyman on Call" Peter Hotton, Mr. Hotton graciously admitted he was not aware of the new EPA RRP rule when he had advised a homeowner regarding sanding of the exterior of his pre 1978 home before painting.  Fortunately for Mr. Hotton and his readers, Rick Cutler, production manager/project developer of Out of the Woods Construction & Cabinetry Inc.of Arlington took the time to inform Mr. Hotton about the law.

Hotton reports that in his message, Cutler suggested to Hutton:

 "... if you haven't read up on the new EPA RRP rule about lead and the updated dust containment procedures, please do before you give anymore inaccurate advice."

In his response to Cutler's message, Mr. Hotton wrote the following:

"That the handyman will do, with thanks to Rick Cutler, and I notice the regulations apply not only to renovation contractors and other professionals, but to homeowners as well."

Sorry Peter, I think you have it wrong again, or maybe need to clarify your message regarding the new EPA RRP Lead Paint Rule.  The EPA is clear that homeowners doing their own work are not required to follow the rule, only those who do it for compensation are subject to the rule.  I definitely am of the opinion this is not very wise, but, under the law, homeowners do have the right to create lead dust at their own homes in the course of renovating.  EPA suggests they use lead safe practices, but does not require they do so. Therefore, they can poison themselves, their own children and even their neighbors in the course of doing so. 

Statistics have shown, including EPA's own research, that more children are poisoned by lead due to renovations as a result of their parents doing the work than by professional remodelers. 

I hope this clarification will help homeowners seek to better understand the risks related to lead paint and how they choose to have work done at their homes, whether doing it themselves or hiring the work out. 

I posted a comment to Mr. Hottonon the Boston Globe's web site as well, to share the above information and my opinion about home owners doing their own work.  It is also my opinion that, unfortunately, Mr. Hotton has become just one more unfortunate example of someone who was unaware and then misinformed about the new RRP rule.  I suggest this is not his fault; he can't know everything and to his credit does provide an open forum for his readers to help clarify and verify the information he shares with his readers.  He also openly recognized the misinformation.  For that, kudos and keep setting a great example!

On the other hand, Mr. Hotton is just one more example of someone who was unaware of the new rule and the serious implications of lead poisoning potentially caused by renovations due to the lack of any public and industry awareness performed by the EPA. 

Question:

Will a renovator working for a firm that has submitted a certification application to EPA but has not received its certification be allowed to work on pre-1978 properties assuming compliance with all other requirement of the EPA RRP Rule?

According to the EPA web site:

"No.  Beginning April 22, 2010, no firm may perform, offer, or claim to perform renovations covered by the RRP Rule without certification from EPA"

NOTE:  If you are a Certified Renovator, acting as a subcontractor working for and being paid by a certified firm, you can work under the rule.   

NOTE: The fine for working without firm certification is $37,500 per violation per day.  Willful violation of the rule is subject to an additional fine of $37,000 and or prison time.