Silvertree
November 26th, 2009, 12:03 PM
The US Environmental Protection Agency published its Renovation, Repair and Painting Rule in the Federal Register on April 22, 2008. This new Rule is the last major federal initiative to come out of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X.
The US Environmental Protection Agency published its Renovation, Repair and Painting Rule in the Federal Register on April 22, 2008. This new Rule is the last major federal initiative to come out of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X.
The US Environmental Protection Agency published its Renovation, Repair and Painting Rule in the Federal Register on April 22, 2008. This new Rule is the last major federal initiative to come out of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X.
The Rule will become fully effective on April 22, 2010. It applies to all "renovations" performed for "compensation" in pre-1978 “target housing” and in "child-occupied facilities," and requires owners and occupants of these housing units and facilities to receive information on lead-based paint hazards before renovations can begin. “Firms” performing these renovations must submit an application and fee to become EPA certified. Further, individuals who work for Certified Renovation Firms must be properly trained and EPA certified as "Renovators" or be trained and supervised on the job by Certified Renovators. Finally, certain lead-safe work practice standards must be met during the work and a “cleaning verification” must be performed before the work area can be reoccupied.
The breadth and scope of the Rule is significant. In the first year alone, EPA estimates that approximately 8.4 million renovation events will be impacted by the Rule's requirements. EPA also estimates that 210,000 organizations will need to apply to become Certified Renovation Firms and 235,000 individuals will need to become trained and certified as Renovators, again in the first year. The intent of the Rule is to “do no harm” during renovation, repair and painting projects, not to abate preexisting lead-based paint hazards.
Key Definitions and Provisions
Here are some key definitions and important provisions to help you assess your responsibilities and to take appropriate steps to meet the Rule’s requirements.
First, target housing” means housing constructed prior to 1978 unless it is housing specifically designed, constructed and/or designated for the elderly or for persons with disabilities (unless a child under age six resides there), or if it is a zero-bedroom dwelling. Second, a “child-occupied facility” is that which was constructed prior to 1978 and which is visited regularly by the same child under age six on at least two different days within any week so long as each visit is at least three hours, combined weekly visits are at least six hours and combined annual visits are at least 60 hours. Third, “renovation” means “modification of any existing structure, or a portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement.” Renovation can include removal, modification or repair of painted surfaces or building components, weatherization projects, and converting a building or a portion of a building into target housing or a child-occupied facility. Fourth, “compensation” means pay for work performed by contractors, wages paid to employees, and rent. Lastly, “firm” means a company, partnership, corporation, sole proprietorship or individual, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization. Firms can include a myriad of entities that perform “renovations for compensation,” such as contractors, painters, third-party property management companies, multifamily apartment complex owners, and public housing authorities.
Activities that only disturb surfaces and building components that have been tested and determined to be free of lead-based paint are excluded from the Rule. There are other exclusions (complete and partial) in the Rule that may apply:
· Activities that disturb less than six square feet of a painted surface (includes paint, stain, shellac or varnish) per interior room.
· Activities that disturb less than 20 square feet of a painted surface (includes paint, stain, shellac or varnish) per exterior side.
· Abatement work, which is intended to permanently eliminate lead-based paint hazards.
· Emergency renovations arising out of sudden and unexpected events, which present immediate safety or health hazards or that threaten equipment or other property with significant damage, are exempt from the Rule’s information distribution, warning sign posting, containment, waste handling, training and certification requirements. However, in these instances, the Rule’s cleaning, cleaning verification and recordkeeping requirements will still apply.
When any work involves window replacement, demolition of paint surfaces and/or building components, or use of “prohibited practices,” such as machine sanding, and the surface or building component has not been tested or otherwise determined to be free of lead-based paint, the above exclusions will not apply.
How Will This New Rule Impact You?
Resident Information and Education
As of December 22, 2008, prior to conducting renovation, repair or painting projects, you must provide a new EPA booklet, entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, to the adult residents of an occupied dwelling unit. You must also obtain a signed form acknowledging their receipt of the pamphlet or maintain proof that you mailed the pamphlet or were unsuccessful in attempting to deliver it. If working in common areas of multifamily housing or child-occupied facilities, you must notify residents or parents/guardians of the children, or post informational signs about the work. Distribution of the pamphlet must be no more than 60 days before the project begins.
EPA Certification
Beginning on October 22, 2009, any entities that are involved with renovating, repairing or painting target housing or child occupied facilities must submit an application, including a proposed $300 fee, to EPA in order to become a Certified Renovation Firm. Firm certification is good for five years.
Certified Renovation Firms must:
· Ensure full compliance with the Rule’s requirements.
· Ensure that all personnel are Certified Renovators or have received on-the-job training from a Certified Renovator.
· Meet pre-renovation education requirements, including providing the Renovate Right pamphlet before the renovation, repair or painting project begins.
· Assign at least one Certified Renovator to each renovation, repair and painting project.
· Ensure that contractors and subcontractors working on renovation, repair and painting projects are also Certified Renovation Firms meeting the same requirements.
· Ensure that lead-safe work practice standards and “cleaning verification” are followed on each renovation, repair and painting project.
· Meet record keeping requirements, including maintaining renovation, repair and painting project records for at least three years.
The US Environmental Protection Agency published its Renovation, Repair and Painting Rule in the Federal Register on April 22, 2008. This new Rule is the last major federal initiative to come out of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X.
The US Environmental Protection Agency published its Renovation, Repair and Painting Rule in the Federal Register on April 22, 2008. This new Rule is the last major federal initiative to come out of the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X.
The Rule will become fully effective on April 22, 2010. It applies to all "renovations" performed for "compensation" in pre-1978 “target housing” and in "child-occupied facilities," and requires owners and occupants of these housing units and facilities to receive information on lead-based paint hazards before renovations can begin. “Firms” performing these renovations must submit an application and fee to become EPA certified. Further, individuals who work for Certified Renovation Firms must be properly trained and EPA certified as "Renovators" or be trained and supervised on the job by Certified Renovators. Finally, certain lead-safe work practice standards must be met during the work and a “cleaning verification” must be performed before the work area can be reoccupied.
The breadth and scope of the Rule is significant. In the first year alone, EPA estimates that approximately 8.4 million renovation events will be impacted by the Rule's requirements. EPA also estimates that 210,000 organizations will need to apply to become Certified Renovation Firms and 235,000 individuals will need to become trained and certified as Renovators, again in the first year. The intent of the Rule is to “do no harm” during renovation, repair and painting projects, not to abate preexisting lead-based paint hazards.
Key Definitions and Provisions
Here are some key definitions and important provisions to help you assess your responsibilities and to take appropriate steps to meet the Rule’s requirements.
First, target housing” means housing constructed prior to 1978 unless it is housing specifically designed, constructed and/or designated for the elderly or for persons with disabilities (unless a child under age six resides there), or if it is a zero-bedroom dwelling. Second, a “child-occupied facility” is that which was constructed prior to 1978 and which is visited regularly by the same child under age six on at least two different days within any week so long as each visit is at least three hours, combined weekly visits are at least six hours and combined annual visits are at least 60 hours. Third, “renovation” means “modification of any existing structure, or a portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement.” Renovation can include removal, modification or repair of painted surfaces or building components, weatherization projects, and converting a building or a portion of a building into target housing or a child-occupied facility. Fourth, “compensation” means pay for work performed by contractors, wages paid to employees, and rent. Lastly, “firm” means a company, partnership, corporation, sole proprietorship or individual, association, or other business entity; a Federal, State, Tribal, or local government agency; or a nonprofit organization. Firms can include a myriad of entities that perform “renovations for compensation,” such as contractors, painters, third-party property management companies, multifamily apartment complex owners, and public housing authorities.
Activities that only disturb surfaces and building components that have been tested and determined to be free of lead-based paint are excluded from the Rule. There are other exclusions (complete and partial) in the Rule that may apply:
· Activities that disturb less than six square feet of a painted surface (includes paint, stain, shellac or varnish) per interior room.
· Activities that disturb less than 20 square feet of a painted surface (includes paint, stain, shellac or varnish) per exterior side.
· Abatement work, which is intended to permanently eliminate lead-based paint hazards.
· Emergency renovations arising out of sudden and unexpected events, which present immediate safety or health hazards or that threaten equipment or other property with significant damage, are exempt from the Rule’s information distribution, warning sign posting, containment, waste handling, training and certification requirements. However, in these instances, the Rule’s cleaning, cleaning verification and recordkeeping requirements will still apply.
When any work involves window replacement, demolition of paint surfaces and/or building components, or use of “prohibited practices,” such as machine sanding, and the surface or building component has not been tested or otherwise determined to be free of lead-based paint, the above exclusions will not apply.
How Will This New Rule Impact You?
Resident Information and Education
As of December 22, 2008, prior to conducting renovation, repair or painting projects, you must provide a new EPA booklet, entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools, to the adult residents of an occupied dwelling unit. You must also obtain a signed form acknowledging their receipt of the pamphlet or maintain proof that you mailed the pamphlet or were unsuccessful in attempting to deliver it. If working in common areas of multifamily housing or child-occupied facilities, you must notify residents or parents/guardians of the children, or post informational signs about the work. Distribution of the pamphlet must be no more than 60 days before the project begins.
EPA Certification
Beginning on October 22, 2009, any entities that are involved with renovating, repairing or painting target housing or child occupied facilities must submit an application, including a proposed $300 fee, to EPA in order to become a Certified Renovation Firm. Firm certification is good for five years.
Certified Renovation Firms must:
· Ensure full compliance with the Rule’s requirements.
· Ensure that all personnel are Certified Renovators or have received on-the-job training from a Certified Renovator.
· Meet pre-renovation education requirements, including providing the Renovate Right pamphlet before the renovation, repair or painting project begins.
· Assign at least one Certified Renovator to each renovation, repair and painting project.
· Ensure that contractors and subcontractors working on renovation, repair and painting projects are also Certified Renovation Firms meeting the same requirements.
· Ensure that lead-safe work practice standards and “cleaning verification” are followed on each renovation, repair and painting project.
· Meet record keeping requirements, including maintaining renovation, repair and painting project records for at least three years.