New EPA RRP Rule Takes Effect April 2010--ALL trades need to understand this - Contractor Talk - Professional Construction and Remodeling Forum

**ChrWright** · 08-13-2009, 02:03 PM

As I hope you've all been following, come April 2010 anyone who does any work in a house built prior to '78 that disturbs painted/varnished surfaces will have to be certified in the new lead based paint regs (get caught and its a $30,000+ fine per day, per occurrence).

If you're not aware of it and you work in older houses, I highly recommend you get going on certification. More and more companies are being approved to teach the certification course (I believe at this time there are 22 companies approved) but I wouldn't wait until the last minute.

The requirements in the new regs are very stringent when it comes to renovation--and particularly painting. The bottom line is you'll have to raise your rates for just about any work involving an older house to deal with these requirements.

If you're looking to drum up some work, I'd highly recommend you send a letter to everyone in your database about this. Explain in broad strokes what the new regs will mean to them if they own an older home and motivate them to get going on any projects they may be considering.

I'll be going through certification with my people in October, but from what I've already heard we're not talking about a small increase here. Most people are more motivated by pain than they are pleasure--and showing them how you can save them money by moving forward now may help you get your calendar filled back up for the fall.

The EPA's fact sheet on the new rules:
http://www.epa.gov/lead/pubs/rrpfactsheet2008.htm

EDIT:

Here are some links to start with:

Compliance guide--great summary of how to determine if this rule applies to you: http://epa.gov/lead/pubs/sbcomplianceguide.pdf

The EPA's page on the RRP Rule: http://epa.gov/lead/pubs/renovation.htm

EPA list of accredited training providers by state: http://www.epa.gov/lead/pubs/trainingproviders.htm

CookeCarpentry · 08-13-2009, 03:59 PM

Chris - I heard rumblings about this a few months ago. Thanks for the link. I just read through everything, especially interested in where to find a training program in Pennsylvania - none listed.

From what I gather from searching other links from the one you posted, is that right now, only a handful of states have adopted or recognized this act??? Or am I misunderstanding something?

kevjob · 08-13-2009, 04:00 PM

I called Denver city about 2 months ago I have to wait until October just to get info for when and where I can take the courses.

**ChrWright** · 08-13-2009, 04:12 PM

Quote:

Originally Posted by kevjob

I called Denver city about 2 months ago I have to wait until October just to get info for when and where I can take the courses.

The EPA has been slow to approve training companies to give the certification class. My local NARI chapter is contracting with a company to fly in and provide training to us--for groups of at least 20. They are based in Baltimore, I think.

**ChrWright** · 08-13-2009, 04:18 PM

Quote:

Originally Posted by CookeCarpentry

Chris - I heard rumblings about this a few months ago. Thanks for the link. I just read through everything, especially interested in where to find a training program in Pennsylvania - none listed.

From what I gather from searching other links from the one you posted, is that right now, only a handful of states have adopted or recognized this act??? Or am I misunderstanding something?

This is a nationwide requirement. States may choose to create their own programs, provided they are at least as stringent as the EPA's rule. However, the rules apply even if your state has yet to adopt or create their own program.

It's my understanding our local building department will be integrating certification with their contractor database and will request "Year Built" with permit paperwork. If it's prior to '78 and you're not listed as certified--they won't issue you a permit.

**Ed the Roofer** · 08-13-2009, 04:29 PM

Did I understand you to say that this will affect ALL Trades?

Why would a roofing contractor have to be certified?

Maybe I misunderstood, but advise me if you can.

Thank you.

Ed

**ChrWright** · 08-13-2009, 04:40 PM

Quote:

Originally Posted by Ed the Roofer

Did I understand you to say that this will affect ALL Trades?

Why would a roofing contractor have to be certified?

Maybe I misunderstood, but advise me if you can.

Thank you.

Ed

If you work on a house built prior to '78, and you touch anything that has paint on it... you have to be certified to do the work according to the regulation as I understand it. Others may have a different interpretation of that, but this is how it was presented to me by a guy with an environmental training company.

For example, if you have to replace fascia board or pull off siding to re-do the flashing--you're performing work that falls under this regulation.

I'm all ears for anyone who may have a more detailed knowledge of the new law. As I said, I've only listened to a speaker discuss in broad strokes what the rule will mean--and have not yet gone through the training.

**ChrWright** · 08-13-2009, 04:46 PM

I wouldn't underestimate the impact of this. It's anyone's guess how enforcement will go, but if you so much as touch a painted surface with sandpaper, sink a screw into it, cut a plaster wall for an electrical box, etc. etc. etc.--then there are special requirements for how you handle protection and cleanup... and the work has to be supervised by someone certified through an EPA approved training program.

I had always heard that lead can have an adverse affect on kids, but until I heard a this guy speak about it a couple months ago, and did some research on my own, I really didn't think it was that big a deal.

With kids, it takes only a small amount to hurt them in a very profound way for the rest of their lives.

http://www.lead411.org/Templates/chi...child_body.htm
http://www.leadsafe.org/content/kids_and_lead/

**ChrWright** · 08-13-2009, 04:57 PM

From the EPA's "Renovate Right" pamphlet:

"...beginning April 2010, federal law will require contractors that disturb lead-based paint in homes, child care facilities and schools, built before 1978 to be certified and follow specific work practices to prevent lead contamination."

SLSTech · 08-13-2009, 04:57 PM

(FYI - your already required to hand out the new booklets) Effective Dec. 22nd, 2008, federal law requires that individuals receive certain information before renovating six square feet or more of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects in housing, child care facilities and schools built before 1978.

If you replace a window - it doesn't matter what size, you have to be certified

Here's my Lead Act page that covers this (if you guys want feel free to steal the wording)

For training, I am getting it at the Remodeling Show / Deck Expo in Indy

RCPainting · 08-13-2009, 05:35 PM

This is a huge issue for anyone,
http://www.painttalk.com/f2/lead-paint-laws-5383/

If you use Google Earth, there is a timeline bar in the latest version.
Look at your area and go back to 1978 and see how many homes there are!

Century Man · 08-13-2009, 08:12 PM

I posted an article on my blog on March 18th 2009. Lead Paint and the Law.
Chris is correct in his statement that as usual, contractors will wait until after the fact to get the certification and by then it's to late.

W-Tinc · 08-15-2009, 01:31 PM

Quote:

Originally Posted by SLSTech

(FYI - your already required to hand out the new booklets) Effective Dec. 22nd, 2008, federal law requires that individuals receive certain information before renovating six square feet or more of painted surfaces in a room for interior projects or more than twenty square feet of painted surfaces for exterior projects in housing, child care facilities and schools built before 1978.

If you replace a window - it doesn't matter what size, you have to be certified

Here's my Lead Act page that covers this (if you guys want feel free to steal the wording)

For training, I am getting it at the Remodeling Show / Deck Expo in Indy

Thanks SLS! I needed to see about this too, so after reading your post signed up for the class at the show

Have some relatives a few hours north of here so we will combine it into a mini vacation.

The worst part of it is the $150/night hotels...kills me to pay more for a place to sleep than the event itself

XanadooLTD · 08-15-2009, 04:21 PM

You are all going to need to look at your gl insurance also. There are lead based paint exclusions in there. That is going to have to be switched. Also a lot of the big companies don't cover you if you work with lead. I wonder how this will change also.

W-Tinc · 08-15-2009, 05:19 PM

Will be interesting to see what changes people make. Looks like this will be a huge deal in places where its enforced.

I have a pretty hard time seeing alot of changes in the way people do business in my area..although at the very least it could be a very big stick for inspectors to use selectively.

Even just in what I do, replacement windows, we have 10ish pretty good sized companies in town that probably have 2-5 crews of subs each.

Thats a crapload of houses being worked on everyday where the new laws should make for alot of changes. Looking forward to learning more on the new rules.

house bldr · 08-15-2009, 05:43 PM

For some time now we've been required to give ho's a pamphlet explaining the dangers of lead paint and have them sign off on a sheet we keep on file saying they were informed.Just got a letter the other day about required certification and am scheduled to attend a class next wed., its an 8 hour class and 145.00.Some local communities have recieved grants for home improvements and we have to be certified to bid on the work.

mustardseed · 08-30-2009, 02:40 AM

Thank you Chris for the info.

Just like Asbestos issue, this program also has some room to wiggle according to EPA gov. site.

What Activities Are Subject to the Lead Renovation, Repair and Painting Program?
In general, any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including:

*Remodeling and repair/maintenance
*Electrical work
*Plumbing
*Painting
*Carpentry
*Window replacement

What Housing or Activities Are 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.

mustardseed · 08-30-2009, 02:45 AM

Some more info

What Does the Program Require Me To Do?

Pre-renovation education requirements - Effective now.
•In housing, you must:
• Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.
•In a child-occupied facility, you must:
• Distribute the lead pamphlet to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.
•For work in common areas of multi-family housing or child-occupied facilities, you must:
• Distribute renovation notices to tenants or parents/guardians of the children attending the
child-occupied facility. Or you must post informational signs about the renovation or repair job.
•Informational signs must:
•Be posted where they will be seen;
•Describe the nature, locations, and dates of the renovation; and
•Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy
•Obtain confirmation of receipt of the lead pamphlet from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office.
•Retain records for three years.
•Note: Pre-renovation education requirements do not apply to emergency renovations. Emergency renovations include interim controls performed in response to a resident child with an elevated blood-lead level.

Training, Certification, and Work Practice Requirements– Effective after April 22, 2010.
•Firms must be certified.
•Renovators must be trained.
•Lead-safe work practices must be followed. Examples of these practices include:
•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;
•No woman who is pregnant resides there;
•The housing is not a child-occupied facility; and
•The owner acknowledges that the renovation firm will not be required to use the work practices
contained in the rule.

SLSTech · 08-30-2009, 08:20 AM

Bad news boys & girls - the following portion is probably going bye-bye after the EPA settled a law suit with the Sierra Club

Quote:

Originally Posted by mustardseed

•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:

http://www.epa.gov/lead/new.htm#aug2009

**ChrWright** · 09-09-2009, 10:03 AM

http://www.detnews.com/article/20090...ged-with-fraud

I expect there will be a lot more stories like this in the coming year. Public awareness will certainly go up--but enforcement likely won't.

The sad and likely truth is that only those of us who operate professional businesses and play by the rules will be affected by this. Has anyone heard anything about where enforcement is going to come from for these new requirements?

There are more than enough guys out there willing to roll the dice. If someone is willing to work without work comp, or liability insurance, or licensing--then they sure as hell won't care about following this.

On the bright side, it's one more tool a homeowner can use to go after an unscrupulous contractor. Far too many get away with raping their clients simply because the cost to pursue them is more than what can reasonably gained.

I for one would be more than happy to report a hack performing work without following the new regulations.

But as the Ghostbusters used to say, "Who ya gonna call?"