Welcome to RRPedia
Your Interactive Resource for EPA RRP Information

RRPedia logoLooking for accurate information about the EPA RRP rule?

RRPedia has been created by Shawn McCadden to help remodelers and others affected by the New EPA Renovation Repair and Painting Rule. 

Please read RRPedia Use and Contribution Information before using or contributing to RRPedia.

 


You Can Browse For RRP Topics By Using The Tags List To The Right

Refresher: Exemptions to RRP Work Practices

Posted by Shawn McCadden on Thu, Feb 09, 2012 @ 06:00 AM

Refresher: Exemptions to RRP Work Practices

RRP Training Manual

 

 

It’s probably been a while since you took your RRP Certified Renovator Training Class.  This is the first of several blog posts that will be added to RRPedia in the next few months or so to help renovators keep important details about the RRP rule top of mind when selling, estimating or performing RRP renovations.

The RRP Rule's required work practices may be waived under the following conditions:

  • The home or child occupied facility was built after 1978.
  • The property is used as housing for the elderly or persons with disabilities, unless any child who is less than 6 years of age resides or is expected to reside in such housing
  • The property is a zero-bedroom dwelling, such as studio apartments or dormitories.
  • The renovations are performed by the home owner(s) themselves
  • The renovations are performed without compensation (Examples might include friends, brother-in-law, or volunteers)
  • The repairs are minor, with interior work disturbing less than six square feet of painted surfaces per room or exteriors disturbing less than 20 square feet of painted surfaces on the entire envelope.
  • The work practices do not apply if the entire house or specifically affected components,Lead testing requirements for RRP Rule as described within a scope of work for the project, test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator
  • In the case that renovations are for emergency or interim control purposes, the work practices do not apply.  However, in these situations, the cleaning practices and cleaning verification are still required.
 

I did a RRP videos series for Remodeling magazine shortly after the RRP Rule went into effect.  In video #6 titled; Exemptions to RRP Work Practices, I offer examples of when, where and why the RRP rule and work practices are not required under the rule. The video 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.  

Also, in the video contractor insurance expert Tom Messier of Mason and Mason Insurance stresses the importance of verifying proper and adequate insurance coverage to protect your business, available coverage options as well as related costs for coverage.

 

 

Topics: Work Practices, Insurance Considerations, RRP Questions, Exemptions to the Rule, Refresher Information

Six Ways Non-Compliance with The RRP Rule Could Affect Your Business

Posted by Shawn McCadden on Tue, Dec 14, 2010 @ 07:00 AM

Six Ways Non-Compliance with The RRP Rule Could Affect Your Business

RRP Risks for contractorsRenovators should be aware that in addition to EPA or administering states, other individuals or entities may likely take advantage of the documentation requirements to hold renovators accountable for their actions or lack thereof.

 

 

Here is a partial list of possible time bombs for renovators who are not in compliance with the new RRP lead laws:

  • Lawyers could use non-compliance with the RRP rule to demonstrate negligence by the renovator.   Even if allegations of negligence have nothing to do with lead or the RRP rule, non-compliance with RRP documentation requirements will be easy to prove and will be an easy way for suing clients and their lawyers to argue that if negligent with RRP requirements, a contractor could also be negligent in other areas.
  • Insurance companies could use a lack of compliance to deny coverage.  Several insurance agents have told me that insurance companies will soon be requiring proof of RRP compliance, both for the GC as well as subs the GC uses, before renewing general liability and workers compensation policies.  Insurance and the cost of a policy are all about risk.  Renovators not in compliance with the RRP rule increase the risk insurers take when they write insurance policies
  • Home owners could use lack of RRP compliance to avoid paying their renovator.  Think of it as blackmail.   If the renovator did not follow RRP requirements, their customers could avoid paying for services by threatening to report non-compliance.  Think this is farfetched?  One contractor told me he knows of another contractor who already had this happen to him.
  • Employees could use non-compliance against employers. Whether an employee really is affected by lead or not, it will be very easy for employees to prove their employers put them at risk and or were negligent in protecting them on the job by simply referring to the worker protection training and methods taught to them during the required eight hour certified renovator training class. 
  • Storing RRP DocumentationOSHA could use RRP paperwork to prove non-compliance with its Lead in Construction Standards.   OSHA’s worker protection requirements related to lead are very specific.   Information contained in the required RRP documentation, particularly the renovation checklist and non-certified worker training documentation, could easily be used to show workers were not adequately trained and or protected when working in contained work areas.  A lack of the required documentation could also be used by OSHA to demonstrate negligence by the business. 
  • A renovator may want to store RRP documentation for a lot longer than the three years required by the RRP rule.  In regards to lead poisoning, the statute of limitations for children doesn’t start until they are 18 years old.  If a child, rather than their parents, decides to sue a renovator for lead poisoning, having the documentation to prove lead safe work practices will be an importance defense for the renovator.  If the documentation is no longer in existence, or never existed to begin with, proving compliance will be difficult or impossible.

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.  They offer a complete assortment of multi-part carbon forms, signage and checklists to assist you and your employees with RRP compliance

Topics: Worker Training, OSHA Considerations, Legal Considerations, Documentation Considerations, Health Effects of Lead, Insurance Considerations, Effects of the RRP Rule

Videos About The EPA RRP Rule

Posted by Shawn McCadden on Fri, Oct 15, 2010 @ 08:00 AM

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

RRP Instructor Shawn McCaddenI 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 Chuck Green of Perpetual Motion Pictureswriting 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.

Topics: EPA RRP Lead Rules, EPA RRP for Dummies, Business Considerations, Work Practice Exclusions, Worker Training, Certified Renovator Training, Enforcement and Inspections, Legal Considerations, Work Practices, Documentation Considerations, Firm Certification, Insurance Considerations, Videos

Contractors and Subs Doing EPA RRP Work Will Need to Work Things Out

Posted by Shawn McCadden on Fri, Sep 03, 2010 @ 01:50 PM

Renovators And Their Trade Partners Will Need To Work Out And Agree On Who Will Do What

Confused RenovatorMany 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.

A surprise to me, but also a no-brainer, was one electrician’s comment that he was having problems finding general contractors to work for who were in RRP compliance.  Just as general contractors need to find new compliant trade partners to work for them, many trade partners are finding they can no longer rely on the volume of work they got in the past from contractors if those businesses choose to operate illegally.

Liability risks may also drive compliance.  Renovators and their trade partners will need to work out and agree on who will do what.  Here are a few examples:

  • Renovate Right PamphletWho 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.

  • If a trade partner or his employees are not certified renovators, will the renovator take on the responsibility of training and supervising the trade partner and or his employees?  If so, at what level of risk? And, will either business’s insurance company allow such a relationship in the future?  

  • Who will create the required renovation checklist?

  • Who will make sure the homeowner and or tenant receives a copy of the required renovation checklist after completion of the work? 

  • In Massachusetts, who will maintain the required log documenting who comes in and out of the containment area during the course of renovations?

Finger pointingThe 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.  Attorney Mike Sams of Kenney & Sams, P.C., told me that failure of a business to be properly certified under the RRP rule on its own is evidence of negligence should a homeowner or insurance company take the contractor or trade partner to court.  Taking this a little further, a contractor hiring a non-certified trade partner might also be considered negligence if that trade partner is allowed to work unsupervised.

IRS LogoTo 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.

Topics: Production Considerations, Subcontractor Considerations, Notification Considerations, Compliance Options, Enforcement and Inspections, Legal Considerations, Documentation Considerations, MA RRP Lead Rules, Shawn's Predictions, Insurance Considerations, Effects of the RRP Rule

Insurance Companies Rethinking Coverage Due to EPA RRP Rule

Posted by Shawn McCadden on Thu, Sep 02, 2010 @ 01:26 PM

Insurance Companies Will Be Rethinking Coverage and Premiums Due to EPA RRP Rule

RRP Insurance folderMany liability insurance policies do not cover lead poisoning or contamination.  Renovators should be sure they are working with an agent who is up on the EPA RRP rule and should sit down with their agent to review their coverage needs and options.  Tom Messier, with Mason and Mason Insurance, tells me that insurance companies are starting to become aware of the RRP rule.  Insurance is all about risk. The greater the risk, the higher the cost of insurance will be.

 

RRP LogoIncreased risk of liability due to lead awareness as well as the government mandated certification requirements are likely to affect a renovator’s ability to get a policy as well as the premium charged by carriers who offer coverage.  Tom told me he predicts that existing policies will not be renewed unless a renovator can show they are certified firms and use certified renovators to oversee the work their company performs.  He also predicts insurance carriers will start requiring the insured’s proof of compliance with the rule as well as proof of compliance and insurance coverage for the trade partners the insured renovator works with.  Tom stressed that this would be for both liability as well as workers compensation insurance coverages. He said that even if they are self-employed, insurance carriers will likely require all trade partners have their own workers compensation policies as a way to prevent injured or poisoned trade partners from claiming against the general contractor’s policy. 

Also Tom warns, just as many insurance companies now review the contracts contractors use with customers and trade partners before offering or renewing a policy, Tom predicts carriers will be asking to see completed copies of the required RRP documentation used by contractors.   I asked Tom what renovators should do to protect themselves and be sure they can maintain coverage going forward.  Tom’s response; “Document, document, document!!!” 

Apertment for rent signOne other area that will likely be of concern is lead coverage in policies for landlords who own pre-1978 properties.  Here too, compliance with RRP rules and documentation of work practices used for renovations and repairs will likely become required conditions of obtaining and keeping coverage.  The EPA RRP rule may also cause an increase in insurance coverage on properties built prior to 1978, for landlords and maybe even home owners.

Topics: Subcontractor Considerations, Documentation Considerations, Firm Certification, Shawn's Predictions, Info for Landlords, Insurance Considerations, Effects of the RRP Rule