Lead Safe Practices – Requirements Effective April 22, 2010

EPA’s Lead-Based Paint Renovation, Repair and Painting Program Rule requires worker to be trained to use lead-safe work practices. It also requires renovation firms to be EPA-certified. These requirements become effective April 22, 2010.

This change requires the distribution of a new pamphlet, “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools”. This pamphlet has been prepared in conjunction with the rule for distribution to persons affected by work that disturbs lead-based paint.

Currently contractors, property managers and others who perform renovations for compensation in residential houses, apartments and child occupied facilities built before 1978 are required to distribute a lead pamphlet before starting renovation work.

Effective April 22, 2010, EPA training, certification, and work practice requirements will come into effect. Firms will be required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices that minimize occupants’ exposure to lead hazards must be followed. Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling and maintenance activities, including window replacement. The program includes requirements implementing both Section 402(c) and 406(b) of the Toxic Substances Control Act.

Who must follow the 2008 Lead Rule’s Requirements? Anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978 including but not limited to residential rental property owners/managers, general contractors and special trade contractors which includes painters, plumbers, carpenters and electricians.

What activities are subject to the Lead Rule’s Requirements? Any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including remodeling and repair/maintenance; electrical work; plumbing; painting; carpentry and window replacement.

What is excluded and not subject to the rule? Housing built in 1978 or later. Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there. Zero-bedroom dwellings (studio apartments, dormitories, etc.). Housing or components declared lead-free by a certified inspector or risk assessor. Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building. Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.

Training, Certification and Work Practice Requirements that are effective after April 22, 2010. Firms must be certified. Renovators must be trained. Lead-safe work practices must be followed. Examples: Work-area containment to prevent dust and debris from leaving the work area. Prohibition of certain work practices like open-flame burning and the use of power tools without HEPA exhaust control. Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards. 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: The renovation will occur in the owner’s residence. No child under age 6 resides there. The housing is not a child-occupied facility. The owner acknowledges the renovation firm will not be required to use the work practices contained in the rule.

When do these requirements become fully applicable? April 2009 – Training providers may begin applying for accreditation. Accredited training providers can offer training courses that will allow renovators to become certified. October 2009 – Renovation firms may begin applying to EPA for certification. (This can include owners/management companies. The fee is $300 and takes 90 days to process. The certification is good for five years.)

Beginning October 2009, firms may apply to EPA for certification to perform renovations or dust sampling. To apply, a firm must submit to EPA a completed “Application for Firms” signed by an authorized agent and pay the fees. To obtain a copy of the application contact the NLIC at 1-800-424 LEAD.

With new and renewing residents you are still required to distribute the “Protect Your Family From Lead In Your Home” booklet offered through the Greater Dayton Apartment Association.

When you are doing renovations and repairs you are required to distribute the new “Renovate Right – Important Lead Hazard Information for Families, Child Care Providers and Schools”. Click here for the English version of this publication. It is also available in a Spanish speaking version which can be obtained by going to http://www.epa.gov/lead/pubs/brochure.htm.