EPA's Lead-Based Paint Renovation,
Repair and Painting Rule
- Training, certification, and work practice requirements in the Renovation, Repair and Painting Rule are effective April 22, 2010.
- Pre-renovation education requirements are effective now.
The complete rule can be found at:
http://www.epa.gov/lead/pubs/renovation.htm
Frequently Asked Questions:
What does it affect?
What are the penalties for violating the rule?
How does this EPA rule fit with the previous HUD rule?
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Purpose
At least 66% of the homes built between 1940 and 1960 contain lead-based paint. For those built before 1940, around 90% contain lead-based paint. Lead exposure can cause damage to nearly every organ in the body, and is especially dangerous for children, whose bodies are still developing. Children who are exposed to even low levels of lead are more likely to experience learning delays, developmental problems, and behavioral problems. Adults who are exposed to lead through their work can also experience health problems, and they can accidentally bring lead residue home to their families.
Who it effects
All firms performing renovation, repair or painting work for compensation must become EPA-certified in order to work on pre-1978 properties. This includes contractors, property managers and others who disturb known or presumed lead-based paint during renovation. Rental property owners are considered to have been compensated for their work through the payment of rent, so they are included in this rule.
What it affects
The term renovation covers all activities done for compensation that disturb painted surfaces including most repair, remodeling and maintenance activities, such as window replacement, weatherization and demolition. The RRP rule applies to all renovation work performed in residential houses, apartments and child-occupied facilities such as schools and day-care centers built before 1978.
Training and Certification Requirements
All firms performing renovation, repair or painting work must become certified. This can be accomplished by applying to EPA and paying a fee. The EPA is authorized up to 90 days to review and approve certification applications, so plan ahead!
Firms must have one or more “Certified Renovators” assigned to jobs where lead-based paint is disturbed. To become certified, a renovator must successfully complete an EPA or State-approved training course conducted by an EPA or State-accredited training provider.
All renovation workers must be trained. Renovation workers can be trained on-the-job by a Certified Renovator to use lead safe work practices, or they can become Certified Renovators themselves.
Pre-Renovation Education Requirements
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 EPA’s Renovate Right lead hazard information pamphlet before starting renovation work to occupants and owners of homes, and owners and parents of child-occupied facilities.
Exemptions to the training and/or education rules
The requirements do not apply to housing designated for elderly or disabled persons (unless children under age 6 live there), zero-bedroom dwellings (studio apartments, dormitories, etc.), housing determined to be free of lead-based paint by a lead-based paint inspection, emergency renovations and repairs, and minor repairs that disturb less than 6 square feet of paint on interior surfaces or less than 20 square feet of paint on exterior surfaces.
Homeowners doing work on their own properties are also exempt.
Penalties for violation
In the event of a violation the EPA will file an enforcement action against the violator. Penalties will vary depending on the situation, but could get as high as $32,500 per violation per day (or higher)! The penalty amount will be determined after considering factors such as number, length, severity, economic benefit obtained by violator, and ability to pay.
The HUD and EPA Rules, together
Housing and Urban Development's (HUD’s) Lead Safe Housing Rule (24 CFR Part 35) covers pre-1978 federally-owned or assisted housing and federally-owned housing that is being sold. It does not cover child-occupied facilities outside of residential housing. The requirements of HUD’s rule are similar to EPA’s RRP rule, but there are some differences in the details, including:
- HUD’s rule does not allow owners of federally-
assisted housing to opt out of its requirements.
- HUD does not recognize on-the-job training. To conduct lead hazard control in federally-assisted housing, either all workers must have completed a HUD-approved course, or the crew must be supervised by a Certified Renovator who is also a Certified Lead Abatement Supervisor.
- HUD’s definition of minor repair and maintenance that is exempt from its rule is different than EPA’s (2 square feet interior and 20 square feet exterior or 10 percent of the surface area of a small building component type).
Other differences between the EPA and HUD rules (concerning paint testing, prohibited practices, clearance testing and waste disposal) are pointed out in the appropriate places throughout the Steps to Lead Safe Renovation, Repair and Painting guide.
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