EPA Lead Renovator, Repair And Painting Rules

As of April 22, 2010, renovations conducted for compensation in pre-1978 housing or child occupied facilities require Certified Firms using Certified Renovators and lead safe work practices, for work disturbing more than 6 sq. ft. of paint in a room or 20 sq. ft. outside or does any window replacement or partial demolition. “Child occupied facilities” include elementary schools, pre-K, daycare and other facilities frequented by children under 6.

Accredited training is required to become a Certified Renovator. One Certified Renovator is needed for each job site. Firms must also apply to EPA and pay a fee ($300) in order to become Certified Renovator Firms. A refresher course is needed every 5 years to maintain/renew certification.

Mississippi, Wisconsin, North Carolina and Iowa have their own EPA Approved State Renovator programs so this training cannot be directly used in those 4 states.

One of the two courses below are needed for individuals to become Certified Renovators.

1. 8 hour Initial RRP Course – This course includes lecture, demonstrations and hands-on.
   Topics include:
   • Background information
   • Regulations
   • How to use EPA Recognized test kits
   • Setup
   • During work activities
   • Cleaning and checking your work
   • Recordkeeping and Training Non-Certified Renovation Workers.
2. 4 hour Refresher RRP Course – Those who have taken lead abatement supervisor, HUD Lead Safe and certain other courses may become Certified Renovators by taking this refresher.

HUD’s Lead Safe Housing Rule was also changed. The RRP courses are also good for HUD jobs in lieu of the HUD Lead Safe Training. In addition, at least one person with RRP training must now be used on HUD jobs.

Frequently Asked Questions:

Are there provisions of the RRP Rule Already in Effect that can affect contractors?

Yes: Already in effect as of December 22, 2008: Contractors doing renovation in the above facilities must give the tenant/owner the new EPA Pamphlet.

We only work in commercial buildings. Does the rule apply to us?

Not now, as long as they are not pre-1978 child occupied facilities and have no housing in them. By 2013, EPA must consider RRP regulations for commercial buildings.

Who needs this training and which firms need to be certified?

The following are examples of activities likely to be affected by the RRP Rule:
Painting, Demolition, Alteration, Remodeling, Renovation, Repair, Window Replacement, Water and Fire Damage Restoration, Mold Remediation, Abrasive Blasting, General Contracting, Flooring Refinishing or Replacement, Asbestos Abatement, Property Management, Maintenance Companies, Maintenance Departments in Child Occupied Facilities Such As Schools And Other Public Buildings, Landlords or their Employees, Weatherization, Electricians, Plumbers.

What is not Covered by the RRP Rule?

• Lead Abatement Projects; Work where lead paint is proven to be absent from affected components
• Renovation by homeowners in their own homes
• Work disturbing less than 6 sq ft of paint in an interior room or less than 20 sq ft exterior paint
  

What if our employees already had HUD Approved Lead Safe Training?

HUD regulations have changed, as of April 2010, on HUD Jobs:

• Firms must be EPA Certified Renovation Firms.
• At least one EPA Certified Renovator must be present.
• All persons on HUD jobs must have HUD approved training, either HUD Lead Safe or EPA RRP training with one exception: If the job is supervised by a certified lead abatement supervisor who is also a certified renovator, then workers only need on the job training.
• If one has already had HUD Approved Lead Safe Training, he need only take the 4 hour RRP Refresher to become an EPA Certified Renovator.

What about subcontractors working at a job site?

The contractor or subcontractor actually doing the work must comply with the RRP.

What if there is no lead paint on the building?

You must prove what you are to disturb is not lead paint or assume it is lead paint.

Suppose we can’t get training in time to comply with the rule?

At least apply to EPA for certification and enroll in a class. Make sure you are giving out the pamphlet. Meanwhile you could sub any covered work to someone who is certified. So far, EPA has not extended the compliance date or indicated any intention to extend it.

How can I prove the paint I am going to disturb is not lead paint?

The best way is to have a certified lead inspector test it, or if you are a certified renovator, you can test it yourself, in some cases.

How do I become a Certified Renovator?

Pass an Accredited RRP course. You will get a certificate and EPA will receive your information. EPA will place you on a National database.

How do I get my firm EPA Certified?

Print out the 2 page application form from the EPA web site and send $300 with the completed application.
(An easy way to get on the EPA site is: click “NELAR” in the search box and follow the prompts or start with EPA.gov )

If I am a one man company do I have to become a Certified Renovator and have my firm certified?

Yes to both.

If I comply with the rule, won’t my competitor who does not comply, have an unfair advantage?

Perhaps for some jobs until he gets caught or sued out of business. He would be excluded from many jobs, because of not being able to pull a permit in some areas or because of client requirements. You will have one strong competitive advantage by advertising that your firm is EPA Certified and you are an EPA Certified Renovator

How will this rule be enforced?

The Department of Health will refer any cases they become aware of to EPA. The state lead enforcement program has been quite active as well. Government computers may be able detect firms that are in business but do not get certified, similarly they could detect the lack of a certified renovator for a particular firm.

Do all my employees have to be Certified?

Only one is needed per covered job site. They must train the other workers on the site.

We only work in commercial buildings; do we have to become certified?

Not now as long as they don’t contain pre-1978 housing or child occupied facilities. By 2013, EPA must consider RRP regulations for commercial buildings.

We only build new housing – does this rule apply to us?

No.

Does the rule apply to demolition of an entire structure?

No.

Does the rule apply to demolition of an out building on residential property?

Yes, in some cases.

Does the rule apply to churches?

Yes, if it is a pre-1978 child occupied facility. The church and the sexton or maintenance person in the church must be certified if they disturb the specified amounts of paint, replace windows or do any demolition of building components. If they hire out such work, the contractor and firm must be certified.

What exactly is a child occupied facility?

A building or portion of a building, built before 1978, visited regularly by the same child under 6 years old, on at least 2 different days in any 7 day week, provided that each day’s visit lasts at least 6 hours and the combined annual visits last at least 60 hours.

We have a maintenance company that does cleaning and maintenance in a school system; does the rule apply us?

Usually (if there are any pre-1978 elementary schools).

We are a municipal housing authority operating under HUD regulations – does the rule apply us?

Yes. HUD and EPA both require the RRP training and Certified Renovator firms. HUD has additional rules.

If I use a hammer to make a hole is a wall that is two feet on each side, does the RRP Rule apply?

Yes. Although making the hole disrupts less than six square feet of painted surface, using a hammer to make the hole is demolition of the surface, so the minor repair and maintenance exception does not apply. Making the hole using a cut-out technique that does not destroy the section of the wall that is removed is not demolition, and the minor repair and maintenance exception would apply.

If a renovator removes less than 6 square feet of crown molding, is that considered demolition?

It depends on how the molding is removed. If a renovation activity removes or otherwise disrupts a painted component in a way that destroys or ruins the component, the activity is a demolition.

My company installs new or replacement seamless gutters. We install the gutters using self-tapping 3/16” to 5” screws and the cumulative size of the total number of holes is only a couple of square inches. If the job does not involve sanding, scraping, repainting, repair, replacement or reconditioning of the fascia surface, is it covered by the RRP Rule?

No, if that is the only work done. Minor repair and maintenance activities are not subject to the requirements of the RRP Rule. For exterior renovations, minor repair and maintenance activities are those activities that disrupt 20 square feet or less of painted surface, and do not use prohibited practices or involve window replacement or demolition of painted surfaces.
If the job described, when combined with other renovation work on the exterior of the building, does not disrupt more than 20 square feet of painted surface, and does not use prohibited practices or involve window replacement or demolition of painted surfaces, it is a minor repair and maintenance activity that is not subject to the requirements of the RRP rule.

What are prohibited practices?

• Open flame burning
• Heat gun > 1100 degrees F
• Power Abrasive methods without a HEPA filtered vacuum attachment (power sanding, grinding, power planing, needle guns and abrasive blasting including sand blasting