This Just In...
Renovators
and Remodelers Beware: EPA’s New Lead Renovation, Repair and Painting Rule
By:
NAHB Staff
The U.S. Environmental Protection Agency's new Lead Renovation, Repair and Painting rule, which governs the work of remodelers in homes where there is lead-based paint, will take effect in April 2010.
The new rule addresses remodeling and renovation projects disturbing more than six square feet of potentially
contaminated painted surfaces for all residential and multifamily structures built prior to 1978 that are inhabited or frequented
by pregnant women and children under the age of six.
Beginning in
April 2010, firms working in pre-1978 homes will need to be certified. Along with the firm certification,
an employee will also need to be certified as a Certified Renovator. This employee will be responsible for training other
employees and overseeing work practices and cleaning. The training curriculum, which is currently under development by the
EPA, will be an eight-hour class with two hours of hands-on training. Both the firm and Certified Renovator certifications
are valid for five years. A Certified Renovator must take a four-hour refresher course to be recertified.
Once work starts on a pre-1978 renovation,
the Certified Renovator has a number of responsibilities. Before the work begins, this person is required
to post warning signs outside the work area and supervise setting up containment to prevent spreading dust. The rule requires a cleaning inspection after the work is completed and grants the remodeler flexibility
in determining the size of the work area, which can reduce the size of the area subject to containment. After
clean up is complete, the certified renovator must verify the cleaning by matching a cleaning cloth with an EPA verification
card. If the cloth appears dirtier or darker than the card the cleaning must be repeated. A complete file
of records on the project must be kept by the certified renovator for three years. These records include, but are not limited
to: verification of owner/occupant receipt of an EPA brochure entitled Renovate Right or an attempt to inform,
documentation of work practices, Certified Renovator certification, and proof of worker training. The EPA
rule also identifies prohibited work practices ― including open-torch burning and using high-heat guns and high-speed
equipment such as grinders and sanders unless equipped with a HEPA filter.
It is
important to note that these work practices may be waived under the following conditions:
- The home or child occupied facility was built after 1978.
- The repairs are minor, with interior work disturbing less than six square feet or
exteriors disturbing less than 20 square feet being exempt.
- The homeowner may also opt out by signing a waiver if there are no children
under age six frequently visiting the property, no one in the home is pregnant, or the property is not a child-occupied facility.
- If the house or
components test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator.
Additional information about the new rule can be found at www.epa.gov/lead or www.nahb.org/leadpaint.
Frequently Asked Questions:
1. Where can I find resources for my clients that explains this rule?
The EPA brochure Renovate Right can be downloaded at www.epa.gov/lead/pubs/contractor_brochure.pdf. The brochure can be photocopied or sent to a professional printer for duplication. Bulk
copies are also available for purchase from the Government Printing Office. Individual copies can be acquired by calling the
National Lead Information Center at 1-800-424-LEAD(5323).
2. What’s the difference between a certified firm and a certified
renovator?
A certified firm is approved by the EPA to conduct remodeling
business in pre-1978 housing. A certified renovator is approved to carry out remodeling work practices described in the terms
of the EPA’s lead paint rule. A single-person company must take the certified renovator training
and also register the firm with EPA. There is a registration fee for certifying the firm. There
is no fee for certification of the renovator but the renovator pays the training fee which is set by the training provider.
3.
If my firm is certified, do I need to have a certified renovator?
Yes, a certified
firm must have a certified renovator on staff to carry out work practices and other requirements described in the rule.
4. Does the certified renovator need to be on the
job at all times?
The certified renovator must be available to oversee setting
up containment, clean up, and cleaning verification. The certified renovator must also be available by
telephone or stay on site if requested by the client.
5. Will my subcontractors need to be certified?
Subcontractors working in target housing need to be certified or supervised by a certified renovator to follow
rule requirements. Subcontractors may be treated like non-certified workers and can be trained on site
by a certified renovation and supervised accordingly.
6. Will the rule be enforced through EPA or local and state governments?
The Federal lead paint rule will be enforced by the EPA. However,
individual state governments can elect to create and then enforce their own lead paint regulations equivalent to or stricter
than federal regulations. A few states are exploring creating their own program, but none will be in place
prior to April 22, 2010. Keep in mind, however, that Georgia already has a Lead Based
Paint Abatement, Certification and Accreditation Program as administered by the Georgia Environmental Protection Division.
Before any persons or firms become involved in lead-abatement activities in Georgia, they should speak with EPD representatives
to make sure they have a thorough understanding of all applicable rules and regulations, and that they are in possession of
all required training, certification, and authorizations.
7. What are the three approved spot-lead test kits?
Information regarding recognized test kits is available at www.epa.gov/lead/pubs/kits.htm. LeadCheck swabs,
in particular, are available commercially at most home improvement stores. Many home test kits for lead are unreliable and
it is recommended contractors check to see if the results can be disclosed for real estate purposes. The
firm is required to determine that there is no lead-based paint on the components undergoing renovation. The
certified renovator is only required to use one spot test kit for each component, even if the surface of the component is
extensive (e.g., a large - 2 - wall). The firm can make this determination by looking at a previous report
by a certified inspector or risk assessor. The firm can also have a certified renovator test components
using an EPA recognized test kit. The renovation firm must retain records of paint testing for 3 years.
In addition, when test kits are used, the renovation firm must, within 30 days of the completion of the
renovation, provide identifying information as to the manufacturer and model of the test kits used, a description of the components
that were tested including their locations, and the test kit results to the person who contracted for the renovation.
8. I do not plan to do any renovation work in pre-1978
housing. Must I be a certified renovator to distribute the Renovate Right brochure or the “opt-out acknowledgement”
form to potential clients ?
No, an individual does not need
to be a certified renovator to comply with the “information distribution requirements” or the “opt-out”
waiver; nor does the firm need to be certified to perform those two specific tasks.
9. What is EPA’s guidance when there is a
change in household status during a remodeling activity (i.e. if a child moves in after work has started or if a woman in
the house gets pregnant)?
If the owner revokes his or her
opt out, then the requirements of the Renovation, Repair, and Painting Program would apply. NAHB recommends educating the
home owner about the requirements of the rule to minimize company liability in case of a change of status.
10. Will the EPA training courses be tailored to
include state specific requirements and differences between states’ programs?
No. However, the EPA encourages training providers to include pertinent state requirements where they apply.
11.
What changes in a firm’s status require an amendment of certification and how much will it cost?
Any change to the information reported to EPA in a firm’s most recent certification application must
be reported in an amended certification application. There is no cost associated with the submission of
an amended certification. Possible amendments may include a change of address, phone number, principle of the company, adding
a certified renovator, or deleting a certified renovator.
12. How thick should the plastic sheeting be?
A contractor should choose one or more layers of plastic sheeting of a sufficient thickness to prevent puncture
based on the circumstances of the particular project. The performance standard in this regulation requires
firms to isolate the work area, prevent dust and debris from exiting, and ensure plastic sheeting is not torn or displaced.
Certain other guidance materials, such as HUD’s Guidelines for the Evaluation and - 3 - Control of
Lead-Based Paint in Hazards in Housing, recommend the use of 6 mil plastic sheeting.
13. Do the cleaning wipes from the cleaning verification
process need to keep as a part of the recordkeeping requirements?
No, but the
results of the cleaning verification, including number of wet and dry clothes used, must be documented.
14. What does a certified renovator’s certificate
look like? What safeguards does EPA intend to avoid counterfeiting of certificates?
The course completion certificate for the renovator and dust sampling technician courses shall include:
The
name
A unique identification number
Address of the individual
The
name of the particular course that the individual completed
Dates of course completion/test
passage
The name, address, and telephone number of the training program
The
language in which the course was taught
A photograph of the individual
15. What does the certification training entail?
A certified renovator must successfully complete an eight-hour
initial training course, including two hours of hands on training, offered by an accredited training provider. The
course completion certificate serves as proof of certification. Renovators are required to be certified
by April 22, 2010.
Fire
Sprinkler Legislation
Georgia and surrounding states have not adopted the 2009 IRC with sprinkler provision.
HBAG urges members to contact their representatives and express their support for HB1196-
sponsored by Terry England. This bill would prohibit mandatory fire sprinklers in local and state codes for single family
residential.
Fire Sprinkler Talking Points
Homes built to the current
code are extremely safe - smoke alarms work!
Fire deaths dropped by half from 1977 to
2008 even as the number of housing units in the US increased by over forty million units during the
same period.
According to an article published in 2008 by the National Fire Protection
Association: "The chaces of surviving a reported home fire when working smoke alarms are present are 99.45%..."
Sprinklers add thousands of dollars to the cost of a new home and will price tens of thousands
of Georgians out of the opportunity to buy a new home. The cost is even higher with homes that are not on public water.
HB1196 promotes consumer choice.
- IECC- GA code is expected to be more
stringent however implementation may be delayed.
