By Lee Wasserman of LEW Corp.
In April 2008 a new law was passed that is being phases in over a 2 year period. the United States Environmental Protection Agencies (EPA) Renovation, Repair and Painting rule 40 CFR Part 745 and its requirements to become a Certified Lead Safe Renovator and Certified Lead Safe Firm is final, Its real and it’s coming sooner than later. CERTAIN REQUIRMENTS OF THIS LAW HAVE ALREADY TAKEN AFFECT for example, as of 12/22/08 all contractors must distribute the NEW EPA lead pamphlet Renovate Right INSTEAD of EPA’s How to Protect Your Family From Lead in Your Home.
On April 22, 2010 the final chapter of the Lead-Based Paint regulatory requirements of Title X – The Residential lead Based Paint Hazard Reduction Act of 1992 and more specifically sections 402C & 406B of the Toxic Substance Control Act (TSCA) will significantly impact many people all across America and require ALL Trades (Rental property owners, managers, General Contractors, Painters, Plumbers, Carpenters, Electricians, Maintenance Staff, etc. etc. ) to be compliant with this rules federally regulated requirements. DON’T BE LATE or you WILL be in violation! The potential fines, penalties and compliance requirements are SUBSTANTIAL.
If you or your associates/employees disturb any pre-1978 painted surface of lead-based paint or paint of unknown lead content in a residential or child-occupied facility that is regulated under this law and receive compensation for such work, YOU and your Firm MUST be certified prior to April 22 2010, No if, and’s or buts’ will be acceptable. The EPA’s intent and obligation is to require national compliance and get the affected entities attention, this law has REAL teeth with its $32,500.00 per day/per project penalty for violators as well as potential jail time. However, what scares me the most about this law, as a well know/respected national subject matter expert, is that this law and its very cumbersome requirements, unfortunately have the potential to be highly litigious if not properly certified and complied with. As I am sure each reader of this article will agree, the world today has become way too litigious
Don’t allow yourself to become a litigation statistic or a documented EPA violator, KNOW THE RULE and GET CERTIFIED TODAY! Why do I say TODAY? Because according to the EPA, the volume of impacted individuals and firms that need to be trained and certified PRIOR to April 22, 2010 is a very large number. Since the EPA training requirement for the course is one (1) instructor per every six (6) students the number of students per class will be very limited and space for these classes could be at a premium. I would presume that as the country gets closer to April, the volume of affected individuals who need the training will only increase in demand. So get certified sooner than later or better said, TODAY.
So what is this EPA Lead Based Paint Renovation, Repair and Painting program, what does this rule really mean, require and what are the new responsibilities. It basically means, anyone who is paid to perform work that disturbs paint in housing and/or child-occupied facilities built before 1978 must have this certification. It means if you do remodeling, repair, maintenance, electrical work, plumbing, painting , carpentry and window replacement, you MUST be certified according to the EPA. (CERTIFIED LEAD-BASED PAINT FREE PROPERTIES DO NOT NEED TO COMPLY WITH THE REQUIREMENTNS OF THE EPA’S RRP RULE. )
It means you are now required to become an EPA certified Lead Safe Firm, which means Firms performing renovations must ensure that:
All individuals performing activities that disturb painted surfaces on behalf of the firm are either certified renovators or have been trained by a certified renovator.
A certified renovator is assigned to each renovation and performs all of the certified renovator responsibilities.
All renovations performed by the firm are performed in accordance with the work practice standards of the Lead-Based Paint Renovation, Repair, and Painting Program
Pre-renovation education requirements of the Lead-Based Paint Renovation, Repair, and Painting Program are performed.
and
The program’s substantial and detailed recordkeeping requirements are met.
(Excerpted from EPA Small entity Compliance Guide to Renovate right, EPA’s Lead-Based Paint Renovation, Repair and Painting Program 12/2008)
It also means at a minimum, at least one person at each firm needs to become an EPA Certified Renovator which requires the above mentioned training and brings along with it the following additional responsibilities.
The Certified Renovator must use a test kit acceptable to EPA, when requested by the party contracting for renovation services, to determine whether components to be affected by the renovation contain lead-based paint.
The Certified Renovator Must provide on-the-job training to workers on the work practices they will be using in performing their assigned tasks and the certified renovator is legally responsible for worker training and the documentation of.
The Certified Renovator Must be physically present at the work site when warning signs are posted, while the work-area containment is being established, and while the work-area cleaning is performed.
The Certified Renovator Must regularly direct work being performed by other individuals to ensure that the work practices are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.
The Certified Renovator Must be available, either on-site or by telephone, at all times renovations are being conducted.
The Certified Renovator Must perform project cleaning verification.
The Certified Renovator Must have with them at the work site copies of their initial course completion certificate and their most recent refresher course completion certificate.
and
Must prepare required records.
This new law also requires that ALL records MUST be retained for a minimum of Three (3) years following completion of the renovation or paint disturbance activities. Such records include but are not limited to; Reports certifying that no lead based paint is present, records relating to the distribution of the lead pamphlet (Renovate Right), any signed and dated statements received from owner-occupants documenting that the requirements do not apply, documentation that the Lead Safe Renovator has trained his workers in the required work practices, documentation of Cleaning Verification, and overall documentation of compliance with the requirements of the lead-Based Paint Renovation, and Repair and Painting Program (see attached checklist).
So not to confuse any reader, I felt it would be most beneficial to share what does the program require me to do Now vs. April 22, 2010. As detailed in EPA’s Small entity Compliance Guide to Renovate right, EPA’s Lead-Based Paint Renovation, Repair and Painting Program, dated 12/2008. The below outlines the requirements of today versus next spring (4/22/2010).
Pre-renovation education requirements – Effective now.
1. In housing, you must:
1.1. Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.
2. In a child-occupied facility, you must:
2.1. Distribute the lead pamphlet to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.
3. For work in common areas of multi-family housing or child-occupied facilities, you must:
3.1. Distribute renovation notices to tenants or parents/guardians of the children attending the child-occupied facility. Or you must post informational signs about the renovation or repair job.
4. Informational signs must:
4.1. Be posted where they will be seen;
4.2. Describe the nature, locations, and dates of the renovation; and
4.3. Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy (see page 31 for information on obtaining copies).
5. Obtain confirmation of receipt of the lead pamphlet (see page 23) from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office.
6. Retain records for three years.
• Note: Pre-renovation education requirements do not apply to emergency renovations.
Emergency renovations include interim controls performed in response to a resident child
with an elevated blood-lead level.
Training, Certification, and Work Practice Requirements–
Effective after April 22, 2010.
1. Firms must be certified.
2. Renovators must be trained.
3. Lead-safe work practices must be followed. Examples of these practices include:
o Work-area containment to prevent dust and debris from leaving the work area.
o Prohibition of certain work practices like open-flame burning and the use of power tools without HEPA exhaust control.
o Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards.
4. The training, certification, and work practice requirements do not apply where the firm obtained a signed statement from the owner that all of the following are met:
o The renovation will occur in the owner’s residence;
o No child under age 6 resides there;
o No woman who is pregnant resides there;
o The housing is not a child-occupied facility; and
o The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.
I would imagine after reading this article and the laws bulleted requirements while simultaneously trying to digest it, you have realized that this new federal law is no JOKE, it has real teeth, it has real responsibilities and it is really going to be nationally enforceable as of April 22, 2010.
So the best recommendation and advice I can offer to anyone who is going to be effected by this law, DON’T WAIT till next year to learn the law and its rules, but instead get trained TODAY and give yourself ample time to acclimate your self and your firm with its new federal lead–based paint requirements before someone finds you in violation of!
About the Author: This article was written by Lee E. Wasserman, President of LEW Corporation. Mr. Wasserman is a well respected national lead-based paint subject matter expert, has been a guest presenter for numerous associations as well as HUD and EPA on the RRP rule and has been nationally active with lead based paint evaluations, remediation and training for over 15 years. Mr. Wasserman can be reached at LWasserman@LEWCorp.com