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

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

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

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

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

Must maintenance workers at kindergartens and elementary schools become certified renovators if they perform renovations covered by the Renovaton, Repair, and Painting (RRP) Rule in the portions of the school that are child-occupied facilities?  Are the schools or school systems then required to become certified renovations firms?

Answer:  On or after April 22, 2010, all renovations covered by the RRP Rule must be directed by certified renovators and must be performed by certified renovators or individuals trained by a certified renovator. The RRP rule requires any firm, including a local government agency, that performs, offers, or claims to perform renovations to be certified by EPA.

The reality is that the cost of remodeling or repairing any home built before 1978 will increase.  I doubt anyone will dispute that fact.   Right now, it looks like cost increases of at least $300 to $500 per job. That is the likely reality but reality. The bigger the job, the more it is going to cost.

There are claims by some that too much is being made of the rules, that the jobs won’t change that much so we shouldn’t be going crazy and worrying about the costs. Just keep stuff covered up, bag it, label it and you should be OK. Maybe yes, maybe no.

If you have that mindset, be careful.   Go through the required training so you are certified, follow the rules, do what you are supposed to do. Provide the required documentation to all building owners, and document everything you do. It’s going to take time, but consider this.

When the enforcement begins: There will be three agencies enforcing the rules. The EPA, OSHA and the FBI.   The fines for non-compliance are substantial ($37,500 for each violation, with an additional $37,500 per violation, or imprisonment, or both, for willful or knowingly violating the law). Don’t take the chance of becoming  a target.  governmental bureaucrat.

If you want more insight on the RRP rule, the Construction Business Owners group on LinkedIn has had a number of discussions and many of the members are well-trained in the issues.   Connect using my LinkedIn profile on the right, we’ll get you into the group.

As every renovation job is different, it is up to the firm acting as the general contractor to determine what activities are within the scope of the renovation and to ensure that other firms are properly trained and certified for the tasks they will be performing.  All firms, including the firm acting as the general contractor, are responsible for making sure the renovation is performed in accordance with the work practice standards, including keeping containment intact and making sure lead dust and debris do not leave the work site.   General contractors should keep in mind that if a firm hires a subcontractor that fails to follow the work practice standards or otherwise violates the Renovation, Repair, and Painting rule, the firm that hired the subcontractor is also responsible for the violation.

Wayne Pope

Many people are complaining about the new EPA ruling that went info effect in April for any contractor who works on houses built prior to 1978.  The new law is explained as follows:

• Right now, if you work for pay in housing, child-care centers or schools built before 1978, and you might disturb components (like plaster, window sashes, doors or trim) that contain lead paint, then you must meet EPA’s “Lead Renovation, Repair and Painting Program“  (RRP) requirements or risk fines of up to $37,500 per violation, per day.  This comprehensive and multi-faceted regulatory program took full effect nationwide April 22, 2010, and includes training, certification and lead-safe work practice requirements 73 Fed. Reg. 21,692 (April 22, 2008).

One of several things I’m currently doing is scheduling and teaching the training for certification and lead-safe work practice requirement.  It’s really fascinating area and I have even been trained as a Lead Paint Risk Assessor by the state of Oklahoma.

I believe this is going to be an enjoyable opportunity for me to fill my days by doing what I enjoy; teaching!  When one door closes, other doors are always open.

Wayne

Our nation continues to have many brave men and women serving our country.  Today, we honor those who continue to serve us and all those who gave their lives to preserve the honor and freedom we enjoy.  Thanks to the countless thousands who have made it possible.

Wayne