Wayne's World

I get questions from landlords about rental property as often as any other question regarding the RRP Rule.  So, consider the answer to the following question to see if it applies to your circumstances.

Question:  If I rent out apartments or houses built before 1978, in order to comply with the Renovation, Repair, and Painting (RRP) Rule, do I need to get firm and renovator certification if I do my own work on it?  What if I hire a renovation firm to do the work?

Answer: With respect to landlords, EPA believes that there are two circumstances where work being done in pre-1978 apartment is for compensation such that the landlord must be a certified firm and use (or be) a certified renovator. First, if the landlord does the renovation him or herself, then the landlord must have firm and renovator certification.  Second if an employee of the landlord does the renovation work, then the landlord must have firm certification and the employee must be a certified renovator.

However, if the landlord hires a renovation firm to perform the renovation, the landlord does not need firm or renovator certification, but the firm hired by the landlord must be certified and must perform the renovation using a certified renovator that directs and provides on-the-job training to any workers that are not certified renovators.

I have a new website that includes my blog in it.  Check it out at www.rrpleadpaintclasses.com.

Wayne

Of all the questions that arise from the RRP Classes, one is far and away the most popular or often asked question.  It involves whether the use of PPE, (Personal Protection Equipment) is recommended or required.  Specifically the question submitted to the EPA is as follows:

Does the RRP rule require people working on a renovation to wear respirators, Tyvek(R) suits or other personal protective equipment, (PPE). Their answer states…EPA would like to clarify the requirements for personal protective equipment.  The Occupational Safety and Health Administration (OSHA) has requirements for personal protective equipment, EPA does not.  For many years, EPA has recommended the use of personal protective equipment as a way to protect workers and to help ensure that leaded dust and debris does not leave renovation or abatement work sites.  EPA recommends that renovators make use of the minimum respiratory protection recommended by the National Institute of Occupational Safety and Health (NIOSH) for environments where lead is present, but respiratory protection is not required by the EPA regulations.  In addition, disposable clothing, if removed and disposed of before the workers leave the work site, can provide additional protection for workers’ families by ensuring that no leaded dust or debris is carried home on worker clothing.  However, EPA does not require this and allows renovators to use other methods to ensure that dust and debris does not leave the work area, including the HEPA vacuuming of clothing, tools, and other items before they leave the work area.

If you have questions you’d like to see answered on this site, send them along!

Wayne

Effective July 7, 2010, the opt-out clause for homeowners was removed from the law.  This is clearly mentioned in training classes, but those who took the training early on should note this change.

Contractors must now provide a copy of the lead safe practices used on a RRP project and give it to the homeowner after the job is done.  As the date of enforcement for failure to use Lead Safe Practices comes every closer, don’t be left out in getting into a training class.

Don’t delay; sign up now.

Wayne

EPA-Recognized Test Kits

Currently, a lead test kit can be EPA-recognized if it meets the negative response criterion of no more than 5 percent false negatives, with 95 percent confidence for paint containing lead at or above the regulated level, 1.0 mg/cm² or 0.5 percent by weight. After September 1, 2010, the recognition of such kits will last until EPA publicizes its recognition of the first test kit that meets both the negative response and positive response criteria outlined in the 2008 Renovation, Repair and Painting (RRP) rule. (See below for preliminary results of EPA’s evaluation of test kits for both the negative response and positive response criteria.)

To date, EPA has recognized two currently available lead test kits, with limitations. They are the LeadCheck® kit and the State of Massachusetts kit.

• EPA recognizes that, when used by a certified renovator, the LeadCheck® lead test kit can reliably determine that regulated lead-based paint is not present on all surfaces except plaster and drywall. Certified inspectors, renovators, and risk assessors seeking to use the LeadCheck® kit for purposes of meeting requirements in the Renovation, Repair, and Painting Rule can purchase the LeadCheck® kits from either LeadCheck® directly or from certain retail outlets. LeadCheck® is manufactured by Hybrivet Systems, Inc.    To order a Hybrivet System LeadCheck® test kit call 508-651-7881 or e-mail Hybrivet at info@leadcheck.com.

Check back regularly for any updates or new products which may be approved by the EPA.

Wayne

I received a call earlier about a contractor inquiring about emergencies.  The question typically asked is “Does the RRP Rule apply to contractors working on home damaged by weather or an unforeseen emergency?

The EPA indicates that such damage from this type of situation could result in the need for emergency renovations.  Certain requirements of the RRP Rule do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden or unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

The information distribution requirements do not apply to emergency renovations.  Weather-based emergency renovations are also exempt from the warning sign, and wast handling, training, and certification requirements to the exten necessary to respond to the emergency.  These emergency renovations are not exempt from cleaning requirements, cleaning verification requirements, or recordkeeping requirements.

I hope that helps clarify emergency situations.

Wayne