| About the Renovation, Repair and Painting Rule |
If you are not already familiar, BEGINNING October 2009, all contractors who receive compensation (Residential rental property owners/managers, General Contractors, Special Trade contractors – Painters*Plumbers*Carpenters*Electricians) can begin to apply to the United State Environmental Protection Agency (EPA) for national certification as an EPA Certified Renovator. HOWEVER, before a firm/company can apply to EPA to be a certified firm, at a minimum an individual employee MUST successfully complete an eight-hour initial renovator EPA approved training course or if they have already successfully completed an EPA, HUD or EPA/HUD model renovation training course they may take an accredited four-hour refresher renovator training course in lieu of the initial renovator training course to become certified.
So what is 40 CFR PART 745 – Lead; Renovation, Repair, and Painting Program final rule.
Please click here for training schedule and registrations for individuals seeking RR&P Certification Training www.rrptrainer.com
What Is the Lead-Based Paint Renovation, Repair and Painting Program (RRP)?
1. The Lead-Based Paint Renovation, Repair and Painting Program is a federal regulatory program affecting contractors, property managers, and others who disturb painted surfaces.
2. It applies to residential houses, apartments, and child-occupied facilities such as schools and day-care Centers built before 1978.
3. It includes pre-renovation education requirements as well as training, certification, and work practice requirements.
3.1. Pre-renovation education requirements are effective now:
3.1.1. 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.
3.2. Training, certification, and work practice requirements become effective April 22, 2010:
3.2.1. Firms are 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.
3.2.2.
4. Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.
5. The program includes requirements implementing both Section 402(c) and 406(b) of the Toxic Substances Control Act (TSCA). (40 CFR Part 745 Lead; Renovation, Repair and Painting Program; Lead hazard Information Pamphlet; Notice of Availability Final Rule)
6. EPA’s lead regulations can be found at 40 CFR Part 745, Subpart E.
What Happens if the Agency Discovers a Violation?( reprinted directly from EPA literature!)
EPA uses a variety of methods to determine whether businesses are complying, including inspecting work sites, reviewing records and reports, and responding to citizen tips and complaints. Under TSCA, EPA (or a state, if this program has been delegated to it) may file an enforcement action against violators seeking penalties of up to $32,500 per violation, per day. The proposed penalty in a given case will depend on many factors, including the number, length, and severity of the violations, the economic benefit obtained by the violator, and its ability to pay. EPA has policies in place to ensure penalties are calculated fairly. These policies are available to the public. In addition, any company charged with a violation has the right to contest EPA’s allegations and proposed penalty before an impartial judge or jury.
What Are the Recordkeeping Requirements?
EPA’s Required Pre-Renovation Form(s) Sample forms RRP PreReno
1. All documents must be retained for three years following the completion of a renovation.
2. Records that must be retained include:
2.1. Reports certifying that lead-based paint is not present.
2.2. Records relating to the distribution of the lead pamphlet.
2.3. Any signed and dated statements received from owner-occupants documenting that the requirements do not apply (i.e., there is no child under age 6 or no pregnant woman who resides at the home, and it is not a child-occupied facility).
3. Documentation of compliance with the requirements of the Lead-Based Paint Renovation, Repair, and Painting Program (EPA has prepared a sample form that is available at Sample Checklist).
What Does the Program Require Me To Do?
Pre-renovation education requirements - Effective now.
1. In housing, you must:
1.1. Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.
2. In a child-occupied facility, you must:
2.1. Distribute the lead pamphlet to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.
3. For work in common areas of multi-family housing or child-occupied facilities, you must:
3.1. 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.
4. Informational signs must:
4.1. Be posted where they will be seen;
4.2. Describe the nature, locations, and dates of the renovation; and
4.3. Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy (see page 31 for information on obtaining copies).
5. Obtain confirmation of receipt of the lead pamphlet (see page 23) from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office.
6. 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.
1. Firms must be certified.
2. Renovators must be trained.
3. Lead-safe work practices must be followed. Examples of these practices include:
3.1. Work-area containment to prevent dust and debris from leaving the work area.
3.2. Prohibition of certain work practices like open-flame burning and the use of power tools without HEPA exhaust control.
3.3. Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards.
4. 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:
4.1. The renovation will occur in the owner’s residence;
4.2. No child under age 6 resides there;
4.3. No woman who is pregnant resides there;
4.4. The housing is not a child-occupied facility; and
5. The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.
What Are the Responsibilities of a Certified Firm?
Please click here for the instructions and Firm Application Firm Application
Firms performing renovations must ensure that:
1. All individuals performing activities that disturb painted surfaces on behalf of the firm are either certified renovators or have been trained by a certified renovator.
2. A certified renovator is assigned to each renovation and performs all of the certified renovator responsibilities.
3. All renovations performed by the firm are performed in accordance with the work practice standards of the Lead-Based Paint Renovation, Repair, and Painting Program (see the flowchart on page 9 for details about the work practice standards).
4. Pre-renovation education requirements of the Lead-Based Paint Renovation, Repair, and Painting Program are performed.
5. The program’s recordkeeping requirements are met.
What Are the Responsibilities of a Certified Renovator?
Certified renovators are responsible for ensuring overall compliance with the Lead-Based Paint Renovation, Repair, and Painting Program’s requirements for lead-safe work practices at renovations they are assigned. A certified renovator (see the flowchart on page 9 for details about the work practice standards):
1. Must use a test kit acceptable to EPA, when requested by the party contracting for renovation services, to determine whether components to be affected by the renovation contain lead-based paint (EPA will announce which test kits are acceptable prior to April 2010. Please check our Web site at http://www.eitsupply.com).
2. Must provide on-the-job training to workers on the work practices they will be using in performing their assigned tasks.
3. Must be physically present at the work site when warning signs are posted, while the work-area containment is being established, and while the work-area cleaning is performed.
4. Must regularly direct work being performed by other individuals to ensure that the work practices are being followed, including maintaining the integrity of the containment barriers and ensuring that dust or debris does not spread beyond the work area.
5. Must be available, either on-site or by telephone, at all times renovations are being conducted.
6. Must perform project cleaning verification.
7. Must have with them at the work site copies of their initial course completion certificate and their most recent refresher course completion certificate.
8. Must prepare required records.
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