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.

 

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.

 

Updates on MA RRP Rule From The MA Department of Labor Standards

As EPA amends the RRP rule, renovators working in states that have taken over the rule from EPA need to know if and how these states incorporate the changes into their own rule.   Yesterday I inquired with the State of Massachusetts to find out about a few recent amendments and changes.

One of the good things about the state of Massachusetts taking over the RRP rule is that communications with the Department of Labor Standards (DLS) is much easier and much quicker than trying to get answers from EPA.  I also find their staff is much more informed and always helpful.  The Q&A below was conducted completely via email (I sent the questions out of the blue) and I got a complete and what I would call an intuitive response in less than 4 hours!  Credit to the DLS!

 

Here is the Q&A

Question: Can you tell me if MA allows the lead safe renovation supervisor to take paint chip samples same as EPA does?

DLS Answer: Massachusetts incorporates the federal protocol by reference in our regulation. LSR Supervisors are authorized to sample painted surfaces in accordance with their training.  Of course, they must do adequate sampling for different painting histories of surfaces, document their findings, maintain records of testing and provide documentation to the property owner as required.

 

Question: Does MA require that the firm provide the renovation checklist to owners and tenants within 30 days of completion of final billing, whichever comes first (just like EPA)?

DLS Answer: Yes. DLS has the same documentation requirements as the federal rule.

 

Question:  EPA requires towns and municipalities to become certified firms and have Certified Renovators before doing their own RRP work on town properties that are target housing and or Child Occupied Facilities.   They can however hire out the work to a Certified Firm and therefore would not need to be a Certified Firm if the work is hired out to one.  Does the Massachusetts law follow the same requirements?

DLS Answer:  Yes. Massachusetts mirrors the requirement but offers the opportunity for the fee to be waived for property owners with trained employees working on their own properties.

You can find them listed on our LSRC list published on the DLS web pages.

 

Question: Also, does MA now recognize LeadCheck for Drywall and Plaster?

DLS Answer: Yes.  But as usual, there is a caveat which is also applicable at the federal level.  When the trained individual takes a sample – s/he must follow the prescribed protocols.  In order to take advantage of the new approval; they must follow the new testing methods and adequately test surfaces.  In some cases, many samples must be taken in order to effectively disclude the work under the rule.

Training Providers will likely being teaching the new methods, however, those who were previously trained will need to justify that they know how to sample in order to validate their findings.  Of course, the safest path is to presume the presence of lead.

 

Question: Any other updates or clarifications I should know about?

DLS Answer: I know you are aware that DLS has been doing enforcement and civil penalties.  We are still interested to have the regulated community provide us feedback to provide better regulations.  I don’t have a specific date but we will certainly let you know when we are going back to public hearings to update our regulation.

Its spring and we are in the field doing compliance checks.

Refresher: Exemptions to RRP Work Practices

 

 

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, 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.

 

 

If An EPA Recognized Lead Test Kit Indicates No Lead, Can A Non-Certified Firm Do The Work?

 

 

This can be tricky.  Keep in mind that for RRP purposes, only a certified renovator or licensed lead testing professional can do testing to determine that no lead is present.  As EPA indicates in their answer below, if the certified renovator working for a certified firm does the testing, that firm must maintain the required documentation regarding the testing.   So, if the firm that did the testing is doing the renovation, and the testing shows no lead, they can hire (subcontract to) non-certified firms and non-certified workers to do the work.  

 

Here is one question and answer I found on the EPA FAQ page to help clarify:

Question: If a certified renovator using an EPA-recognized test kit determines that the components that will be affected by a renovation are free of lead-based paint, can a firm that does not have RRP certification do the actual renovation work? What record-keeping requirements would apply?

EPA Answer: Where a certified renovator uses an EPA-recognized test kit, follows the kit manufacturer’s instructions, tests each component affected by the renovation, and determines that the components are free of paint or other surface coatings that contain lead at regulated levels, the renovation can be performed by a non-certified firm and without regard to the work practice standards or record-keeping requirements of the RRP Rule. See 40 CFR 745.82(a)(2). 

However, the certified renovator and firm making the lead-based paint free determination are still subject to the recordkeeping requirements of 745.86(b)(1)(ii) and 745.86(a). Specifically, the certified renovator must prepare a record that states the brand of test kit used, the components tested, and results of the tests. The certified renovator’s firm must retain a copy of this record for three years. EPA further recommends that the firm actually performing the renovation also retain a copy of these records to demonstrate that compliance with the RRP Rule was not required.

 

So it appears that a non-certified firm can do the work if testing that proved no lead was found was done by someone else, as long as the determination was made by a certified lead inspector or risk assessor, or by a certified renovator using an EPA recognized test kit and following the kit manufacturer’s instructions.    The key is however, that the non-certified firm must have written proof from the person or business that did the testing that there is no lead in the work areas to be disturbed.

 

 

 

So, here is the rub. 

If you are a certified firm and have a certified renovator do the testing, and you give the homeowner a copy of the testing report you create, that homeowner could then hire a non-certified firm to do the work because that homeowner and the non-certified firm they hire can use your test results to avoid RRP firm and work requirements.  Think about this before you test and make your own best decision about if and when you will test during the sales process.

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.

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.” 

Choosing Between EPA Approved Lead Test Kits

Now that they have more than one option, many renovators are now asking how to go about choosing a lead test kit.  Currently there are two commercially available Lead Test Kits approved by EPA for use on RRP regulated renovations. The recognized lead test kits are offered by Hybrivet Systems, Inc. and ESCA Tech, Inc.   

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

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

 

The D-Lead test kit was only recently recognized for RRP use.  The Lead Check Kit has been recognized since before the RRP rule came into effect on April 22, 2010.

Given the choice, as Massachusetts and EPA authorized RRP instructor, I will definitely use the Lead Check Swabs in my training classes.  I offer some reasons for this choice below.  However keep in mind, if you do RRP renovations, you will likely be choosing which test lead test kit to use and why for different reasons than I would as an instructor.   I hope the information below helps you make a good decision when you select a lead test kit.  Please feel free to add any other comparisons or consideration for choosing a lead test kit by commenting at the end of this article.

Comparison of Lead Test Kits

• In my opinion the Lead Check test kits are simpler to use.  The Lead Check kits give instant results with no waiting, where as the D-Lead Test Kit instructions say the test takes 3-13 minutes. 
• The Lead Check kits can be used on the surface to tested, but the D-lead kit requires the collection of samples and placement of the samples into test solution bottles. 
• Lead Check swabs contain everything you need inside the swabs.  You can just squeeze the kits with your fingers as instructed, shake the swab and you are ready to test.  The D-Lead kits require measuring and mixing chemicals to get ready for testing.
• I believe the Lead Check kits are much safer, as they do not contain any toxic or harmful chemicals.  The D-Lead test kits contain sodium hydroxide and ammonium sulfide, both of which are considered irritants to the skin and eyes and should not be ingested.  Sodium sulfide smells like rotten eggs.  Ammonium sulfide is also flammable.
•  The Lead Check Kits can be disposed of right after use, where the D-lead kit chemicals, because they are hazardous, must first be poured into a waste disposal bag.  The disposal bag is provided with the D-Lead kit and contains a waste absorbent to neutralize the harmful chemicals.
• The D-Lead kits are approved for use on drywall and plaster.  The Lead Check Kit is not currently approved for use on drywall and plaster by EPA, but Hybrivet Systems, Inc. reports they should have that approval in the near future.
• The D-Lead kit has a relatively short shelf life of 12 Months unopened, but 6 months once opened.  The Lead Check kits have an indefinite shelf life and therefore do not have an expiration date.
• Lead Check is available in stores everywhere and on-line.   D-Lead is new to the market and therefore is not yet readily available for purchase in all markets.  Their web site says it is available at The Home Depot under the name of Klean-Strip.  The ESCA Tech, Inc. has a list of distributors where their product is available.
• The 8 Swab Lead Check kits are available on-line for $24.95 (about $3.12/test).  When used as per the instructions, each swab can only be used once.  The 6-test D-Lead kit was available at the same on-line distributer for about $28.95 (About $4.83/test) and if used as per the instructions each test can only be used once.

Note: I had previously reported in this article that the individual Lead Check swabs could be used up to three times as long as the swab did not turn red.   Doing so would be in violation of the manufacturers instructions and would therefore not be in compliance with the RRP rule.  EPA states that users must follow the manufacturers instructions when using the test kits.  This makes sense because the EPA used the manufacturer's instructions as part of their standard process when evaluating the kits and ultimately recognizing them for RRP use.  It has also been pointed out to me that EPA does not "approve" test kits for RRP use, rather they "recognize" test kits for RRP use.  This article was updated on 12/15/10 to reflect the information in this note.

I hope you find this information helpful.  Whether you are an RRP instructor or a renovator doing RRP work, the best way to understand the differences between lead test kits would be to read the instruction manuals for both and decide for yourself.   For access to written and video instructions for both test kits see: EPA Approved Test Kit Instructions

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.

What States Have Taken Over Administration and Enforcement of The EPA RRP Rule?

Note:  This post was updated on 2/28/12 to reflect information available at that time.

The National Center for Health Housing (NCHH) maintains a list tracking the status of RRP for all 50 states to help renovators and training providers.  The list includes key links and highlights of rule status for each state as well as American Samoa, Guam, Puerto Rico, U.S Virgin Islands.

As of this post (updated on 2/28/12), the following states are either exploring adoption, are in process or are pending adoption of an RRP rule: District of Columbia,  Illinois, Michigan, Minnesota, Missouri, Tennessee, Virginia, California

The following information can be found at the EPA web site.  This information was current as of 2/28/12.  Click here to check the EPA web site for the most current information.

EPA Authorized State Programs

EPA has the authority to authorize states, tribes and territories to administer their own RRP program that would operate in lieu of the EPA RRP regulations. When a state, tribe or territory becomes authorized, contractors and training providers working in these areas and consumers living there should contact the appropriate state, tribal or territorial program office.

The following states have been authorized by EPA: Alabama, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah, Washington, and Wisconsin.

Information for States and Tribes

EPA headquarters has developed guidance documents to assist states and tribes that are applying to EPA for authorization to manage their own lead renovation, repair and painting programs (PDF) (122 pp, 257K).