The New EPA Renovation, Repair, and Painting Rule
On April 22, 2010, a new federal Environmental Protection Agency (EPA) lead-based paint rule called "The Renovation, Repair, and Painting Rule" took effect. The new rule becomes effective July 6, 2010 and requires managers and owners to follow lead safe work practices when disturbing a painted surface in pre-1978 housing and child-occupied facilities. Under the regulations, if renovation or repair work undertaken on a covered property disturbs more than six square feet of surface area for interior work or 20 square feet for exterior work, the work must be carried out by a trained and certified renovator. Disturbances can occur when painted surfaces are sanded, demolished, renovated, or repaired.
The rule changes the way owners, managers, renovation and remodeling contractors, maintenance workers, painters, and other specialty trades do business in housing built before 1978 and child-occupied facilities. Under the new rules, residents must be notified and provided with a copy of an EPA pamphlet, Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools. (This is a different pamphlet than the EPA's Protect Your Family pamphlet that owners are required to provide to residents at the time of lease signing.) There are also recordkeeping requirements imposed on owners or the third party contractors they hire to undertake work covered by the regulations. Importantly, the new rule expand existing Lead Safe Housing rules that have imposed comparable, but not identical compliance obligations on pre-1978 properties that receive federal assistance, including Section 8 vouchers. Under the new rules, federally assisted properties must comply with the more stringent elements of both the Lead Safe Housing and Renovation Repair and Painting regulations. It includes new training requirements, additional notifications and disclosures, new work practices, new clearance requirements, and expanded records requirements.
The new rule requires individual renovators and contractors to complete a state-or EPA-accredited course and obtain certification. This includes employees who do work that disturbs lead-based paint. Owners, managers, and contractors can get a list of accredited trainers at www.epa.gov/lead/pubs/trainingproviders.htm.
The rule also requires owners and management companies that employ workers that may disturb lead paint to have a company license issued by the EPA. In the past, the EPA rules for lead-based paint only governed activities for abatement. Workers who have already been trained under a state or city lead paint program and who already have a Lead Safe Work Practices Certificate can be grandfathered in by taking a four-hour refresher course given by a certified training firm. We recommend that owners who use outside contractors make sure they are properly trained in lead safe work practices under the new rule and ask to see their certificates and reference.
The new rule requires contractors to notify residents before disturbing any painted common areas by giving them a handout called the "Renovate Right" pamphlet. This pamphlet replaces the "Protect Your Family from Lead" pamphlet previously required. You can get a copy of the pamphlet by going to the EPA Web site at www. epa.gov/lead/pubs/rrp.htm.
Contractors must also give residents a disclosure form informing them of the nature and timing of renovation activity and the potential of lead hazards. The EPA has a sample form that contractors and owners can use. In addition, workers (including your maintenance staff) are required to post warning signs around the affected areas.
If your employee is acting as the contractor for the work, the manager must give the pamphlet and disclosure form to the residents. Owners who are using an outside contractor should be certain that the contractors have a copy of the "Renovate Right" pamphlet and a proper disclosure form.
The new rule requires strict safe work practices. Workers are required to cover all HVAC ducts, remove or cover loose objects, and cover floor surfaces and doors. Upon completion, the work area is required to be properly cleaned using a HEPA vacuum or wet mopping.
Upon completion of the work, the certified renovator must perform the post-renovation cleaning verification by using the EPA-provided post-verification "check card" to determine whether clearance is met. This will be done by using disposable cleaning cloths to wipe various surfaces in the work area. The color of the cloth is then compared to the color of the verification check card. If the cloth matches or is lighter than the card, the surface will pass the cleaning verification. Surfaces that do not pass the first attempt must be re-cleaned. It is important to note that the post-verification check card does not supersede any additional safety check requirements that may be required by your state or city.
Owners, managers, and contractors must maintain documents demonstrating compliance with the new rule for three years. These include the signed disclosure form, any opt-out forms, and documentation that safe work practices and clearance requirements, as described above, were used.
The rule allows for exemptions from these requirements. The new rule doesn't cover lead abatement as defined under the previous rules. It also doesn't cover minor repair, which is defined as work disturbing less than six square feet inside the building or 20 square feet outside the building. Maintenance activities are also exempt. For example, the rule would not cover the painting of an apartment or common area if the owner did not do any surface preparation that would cause dust to be released.
The rule also does not apply to areas found free of lead-based paint by a certified inspector or risk assessor and work performed by an owner in an owner-occupied residence. Buildings that may have obtained an exemption under local or state guidelines where no lead-based paint was found to be present will be exempt from the new EPA rule.
The Renovation, Repair, and Painting Rule is extensive and technical and cannot be adequately covered in this article. For more information and for copies of notices and forms, go to http://www.epa.gov/lead/pubs/rrp.htm. This website also includes information promulgated by the National Association of Realtors. Contractors who perform renovation, repairs, and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants, and child-care facilities with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf. Before starting a renovation in residential buildings built before 1978, the contractor or property owner is required to have tenants sign a pre-renovation disclosure form, which indicates that the tenant received the Renovate Right information pamphlet. Contractors must document compliance with this requirement; EPA's pre-renovation disclosure form may be used for this purpose and found at http://www.epa.gov/lead/pubs/pre-renovationform.pdf. You may also find information at http://www.epa.gov/lead/getleadsafe.
