Question:
We are located in a town where a majority of the homes are pre- 1940. How do the new lead rules apply to home owners who do their own work?  (RRP DIY)

Unfortunately, the RRP rules do not apply to home owners doing their own work!  Also, the rule does not apply if the work is being done by volunteers.  The rule only applies if the work is being done for compensation. If volunteers are being supervised by a paid supervisor, the rule does apply.

Homeowners have no responsibilities under the new EPA RRP rules.  They can do their own work as they please, but are "encouraged" to follow lead safe practices.  If home owners are considering doing their own work, contractors can suggest they read Lead Paint Safety: A Field Guide for Painting, Home Maintenance, and Renovation Work.  This booklet published by HUD will make them aware of lead hazards and the risks they will take if they do their own work.  It also includes very thorough instructions, for working lead safe, specific to performing a variety of projects.  This booklet may help many homeowners realize they are getting in over their head and should hire a professional.  The booklet might also be a great resource for contractors trying to collect effective and innovative lead safe work practices.

Contractors are required to be a certified firm to offer and orsell the work, but the homeowner does not in any way have responsibility to only hire a certified firm.  There is no consequence to the consumer for hiring someone who works illegally.  If this is a challenge for you, it would be pointless to express your concerns to an EPA employee.  They don't make the laws or rules.  Rather, you should speak with your congressman.  Congress was and is responsible for this rule, it's contents and the rule's lack of insight into the realities of implementation in the real world.

Not all EPA Certified Renovator training classes are equal.  The quality and effectiveness of training classes and instructors vary greatly. Contractors should seek to pre-qualify the quality of a training class and the instructor before either attending themselves or sending their employees. The right instructor can make a world of difference. 

Without practical experience with the realities of remodeling, an instructor might only be book smart.   Most attendees have questions about how the work practices need to be applied to the kind(s) of work they do.  If an instructor lacks the ability to provide concrete examples and context for the work practices being taught at the class, field employees are likely to quickly lose interest and the ability to focus during the 8 hour day.

Also, contractors who have attended the training report that many trainers get off topic and as a result attendees can miss out on important information required to stay in compliance and avoid liabilities.  Some classes have even have gone well beyond the scheduled end time, which can be costly if you are paying employees for their time to attend. 

Make sure cost is not your only deciding factor.  Just like choosing a good remodeler, referrals and references can be the best way to find a good class and instructor. For more on choosing a class and instructor, click here to read one of Shawn's Remodeling magazine blogs titled: Sharing the Knowledge: Thoughts on Your RRP Training Experience?

I caught Joe Cracco of Modern Yankee Builders in Cumberland RI at the JLC LIVE Trade Show in Providence in March 2010. Joe had just completed the EPA Certified Renovator training at the show.  In this video Joe  shares his concerns about misinformation he received at the class he attended and how it could affect his and other contractor's businesses. 

RRP Liabilities: Although contractors have always been liable should they create lead contamination on their jobsites, the new EPA RRP Rules and the coming public awareness of the new rules will definitely make more consumers and their neighbors aware of the risks of lead poisoning due to renovations.  Many contractors are expressing concern that the added awareness will increase the likelihood that they will get sued for lead contamination at jobsites and or lead poisoning of the occupants.  RRP legal concerns are real!

I caught Joe Cracco of Modern Yankee Builders in Cumberland RI at the JLC LIVE Trade Show in Providence in March 2010. Joe had just completed the EPA Certified Renovator training at the show.  In this video Joe  shares his concerns on RRP liabilities and some possible options  he is considering to protect his business.