6 sq ft exception, non-certified

[Dean CRCNA]

I'm trying to create a flow chart Q&A, where non-certified contractors can see if they can use the 6 sq ft exception.

I would like any corrections or suggestions. If you would like to rewrite the question, please feel free.

Q&A

1. Will a painted, stained, shellac (or other clear coat) surface be disturbed? If no, then you are free to do the project without having to follow the Renovation, Repair and Painting (RRP) Rule. If yes, then go to the next question.

2. Has a lead inspector, lead assessor or certified renovator tested the components that will be disturbed and found them to be free of lead based paint? If no, then go to next question. If yes, then you are free of RRP. You should retain a copy of the inspection report for your records.

3. Is it abatement? If no, go to next question. If yes, then the RRP doesn’t apply and the more stringent abatement laws apply. You should not do an abatement project unless you have been educated in those requirements.

4. Is it a project that falls under HUD’s Lead Safe Housing Rule (LSHR)? If no, go to next question. If yes, then the RRP doesn’t apply and the more stringent LSHR applies. You should not do a LSHR project unless you have been educated in that rule.

5. Will you be compensated (in anyway) to arrange for the work or do the work yourself? If no, then the RRP does not apply to you. If yes, go to the next question.

6. If you are removing a component or a piece of a component, will that component or piece of the component be (or possibly be) ruined or destroyed? In other words, will there be demolition? If not, then go to the next question. If yes, then you should not do the project in that room.

7. Will you be replacing a window? If no, then go to the next question. If yes, then you should not do the project in that room.

8. Will you be disturbing more than 6 square feet (all areas combined) in a room? If no, then go to the next question. If yes, then you should not do the project in that room.

9. In the room you will be working in, has a painted or stained surface been disturbed in the previous 30 days? If no, then go to the next question. If yes, you need to subtract the number of square feet disturbed previously from 6 square feet to find the remainder. If you will disturb more than the remainder, you should not do the project in that room.

10. Will a torch be used on a painted or stained surface? If no, go to next question. If yes, then you should not do the project.

11. Will a heat gun over 1099 degrees Fahrenheit be used? If no, go to next question. If yes, then you should not do the project.

12. Will a machine that removes paint through high speed operations (sanding, grinding, sandblasting, needle gun, power planning and sandblasting), and that is not attached to a HEPA exhaust control vacuum be used? If no, go to the conclusion. If yes, then you should attach the machine to a HEPA exhaust control vacuum system and go to the conclusion or not do the project.

Conclusion

A non-certified company/individual is allowed to do the work in that particular room. However, OSHA laws still apply (unless question 2 was answered yes). It is also important to note that you will be creating lead dust, so lawsuits are still possible.

[Leo G]

Question #5 should be question #1

[Dean CRCNA]

Leo, I can see that ... thanks. On that question I probably should phrase it to where a contractor/subcontractor a person hires, could be required to follow RRP

[Leo G]

It looks pretty well thought out.

[Eieio]

Looks pretty good to me, I see no glaring omissions

[Mike(VA)]

Maybe provide links to material for clarification. For example, #4. Set a link to LSHR so one could check to see the requirements to actually determine if they apply to the situation.

[Dean CRCNA]

Thanks guys.

Mike - good idea, along with links to definitions of "disturb", "demolition" ... etc.

[RCP]

Looks good, my first thought was "what is disturb"? Is it wiping/cleaning? So the definitions would be good.

Dean, what was your take on the question on the listserv, "Do you need to be certified to just do a bid?"

[Dean CRCNA]

Dean, what was your take on the question on the listserv, "Do you need to be certified to just do a bid?"

Chris,

To be honest, I haven't signed up for listserv just yet. Will make a point to do it quickly. However, I have investigated your question. I even got the EPA's viewpoint directly from Washington.

The RRP Rule applies to firms "performing, offering or claiming to
perform renovations for compensation." The exception for activities
disturbing less than 6-square feet of painted surface (also called the
"minor repair and maintenance") is an exception to the definition of
renovation. In other words, a "minor repair and maintenance activity"
is not a "renovation" and therefore not covered under the Rule

I've also asked attorneys their thoughts and they feel that a non-Lead Safe Certified Firm can not perform or even offer an estimate, based on the strict reading of the rule.

So, in a nutshell. The EPA won't go after companies that do emergency work (and also arrange for verification) or that do the 6/20.

If however, you end up in court ... it looks like the courts may interpret it that only a Lead Safe Certified Firms can do emergencies, 6/20 or any type of work on a pre 1978.

[Dean CRCNA]

Looks good, my first thought was "what is disturb"? Is it wiping/cleaning? So the definitions would be good.
"

Best definition I can find is from HUD's LSHR

Painted surface to be disturbed means a paint surface that is to be scraped,
sanded, cut, penetrated or otherwise affected by renovation work in a manner
that could potentially create a lead-based paint hazard by generating dust, fumes, or paint chips.

Note: I changed rehabilitation to renovation. To HUD rehabilitation means renovation.

[orson]

My only suggestion is to keep the order of the "if ___ you are able to do the work,if __ then go to the next question" the same regardless of whether that reverses the order of the the "yes" or "no".

The way it's written now I find very confusing to process. Then again....I find many things very confusing.

[bconley]

If then, else if.. Owen, step away from the computer

[dan-o]

IMO if a contractor is aware of the RRP rule (whether they're certified or not), which their reading your checklist would imply, they can figure all this out from the EPA website.

I realize you're trying to sell RRP related testing services but the EPA information is pretty clear in itself.
http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf

e: the EPA flow charts starts on page 7 of the link.