New rules for contractors went into effect in April 22, 2010.

By Edward S. Nagorsky, Esq., NKBA General Counsel and Director of Legislative Affairs

Beginning April 22, 2010, the EPA’s rules regarding lead renovation, repair, and painting in the remodeling of homes where lead-based paint may be present will go into effect.

Under the rules, contractors performing work that disturbs lead-based paint in housing, childcare facilities, and schools built before 1978 must follow specific work practices to prevent lead contamination. Those practices include posting warning signs for occupants and visitors, using disposable plastic drop cloths, and cleaning the work area with HEPA vacuuming and wet washing. Most importantly, the rules require that contractors be certified in lead removal through a training course.

In addition to firm certification, an employee will also need to become a Certified Renovator. This employee must be assigned to each renovation project and will be responsible for training other employees who will be performing activities that disturb panted surfaces on behalf of the firm. Each Certified Renovator must successfully complete an eight-hour initial renovator training course offered by an accredited training provider (either by the EPA or authorized state program). The certification for both renovators and firms are valid for five years, at which time they must be re-certified by the EPA. Certified Renovators must complete a refresher course provided by an accredited training provider in order to be re-certified.

What’s Required on the Job?

While there are different requirements depending on the location of the renovation, generally prior to commencing any renovation, a lead pamphlet must be delivered to the owner and tenant, as well as the parent or guardian in any child-occupied facility. In addition, before the work starts, you must post warning signs outside the work area and supervise the process of setting up containment to prevent spreading dust. Signs must be posted to clearly define the work area and to warn those not involved in the renovation to stay outside the work area.

The rules contain a number of specific containment procedures for both interior and exterior projects, including procedures for ensuring that no dust or debris leaves the work area. The rules prohibit certain work practices, including open flame or torching of lead-based paint, operating a heat gun at temperatures of 1,100 degrees Fahrenheit or more, sandblasting without HEPA exhaust controls, or use of high speed machines for sanding or grinding. Once the work is completed, the rules also specify cleaning and waste disposal procedures.

Once all the work is finished, the Certified Renovator must perform a visual inspection of the worksite to verify that the site is clean, and wipe all uncarpeted floors, countertops, and windowsills within the work area with a wet disposable cleaning cloth. The cloth must then be matched with an EPA verification card. If the cloth appears dirtier or darker than the card, the cleaning must be repeated. Some jurisdictions may require clearance testing as well.

A complete file of records on the project must be kept by the Certified Renovator for three years. These records include, but aren’t limited to: verification of owner/occupant receipt of the Renovate Right pamphlet or other attempt to inform, documentation of work practices, Certified Renovator certification, and proof of worker training.

Is Any Work Exempt?

There are a number of exemptions that may apply to a particular project. The first is a home or structure was built in 1978 or later. In addition, the work is exempt if the housing is for elderly or disabled persons, unless children under the age of six reside or are expected to reside in the house. Also exempt is work done for minor repair and maintenance activities that disturb six square feet or less of paint per room inside, or exterior renovation that disturbs 20 square feet or less.

The homeowner may also opt out by signing a waiver if there are no children under the age of six frequently visiting the property, no one in the home is pregnant, and the property is not a child-occupied facility. In addition, a home will be exempt if the house or components test lead-free by a lead inspector, Certified Risk Assessor, or Certified Renovator.

Important Deadlines

As of 12/08: Remodelers must distribute the EPA Renovate Right pamphlet when working in pre-1978 houses.

As of 4/09: Training providers may apply for accreditation. Once accredited, they may offer training courses that will allow renovators to become certified.

As of 10/09: Renovation firms may apply to the EPA for certification.

April 22, 2010: The new rule becomes fully effective. Work practices must be followed.

For More Information

EPA – Lead-Based Paint Removal Regulations: www.epa.gov/lead/pubs/renovation.htm

EPA – Renovate Right Pamphlet: www.nahb.org/generic.aspx?sectionID=1827&genericContentID=118467

EPA – Small Entity Compliance Guide: www.healthyhomestraining.org/rrp/

NAHB – What Remodelers Need to Know: www.nahb.org/generic.aspx?sectionID=1827&genericContentID=118467

National Center for Healthy Housing – How to Become a Trainer: www.healthyhomestraining.org/rrp/