Q: What is the EPA’s Lead Renovation, Repair, and Painting Program Rule[i] (the “Rule”) and why should I care about it?
A: The purpose of the Rule is to ensure that, (1) owners and occupants of pre-1978 target residential dwellings and child-occupied facilities receive information on lead-based paint hazards before construction activities that will create or disturb lead dust begin; and (2) that individuals performing construction activities in these housing units and child-occupied facilities are properly trained, individuals and firms performing these construction activities are certified, and the required work practices are followed during the construction activities.
Since December 22, 2008, contractors performing renovation, repair, or painting projects that disturb lead-based paint in target residential dwellings or child-occupied facilities built prior to 1978 have been required to provide an EPA- published lead information pamphlet. The most current version is titled The Lead-Safe Certified Guide to Renovate Right. The 2010 version should be used instead of the previous pamphlet entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools.
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.
Beginning on April 10, 2010, firms have been prohibited from performing, offering, or claiming to perform renovations without EPA certification in target housing or child-occupied facilities, unless the renovation qualifies for one of the exceptions.
Effective February 1, 2011, Minnesota is requiring municipalities issuing building permits to verify the lead certification of licensed contractors doing renovation work on pre-1978 target housing or child-occupied facilities. The municipality is allowed to charge a surcharge to cover the costs of conducting the verification. Contractors are required to provide sufficient information to enable the municipalities to conduct the verification.
Q: Who does this rule apply to?
A: In general, anyone who is paid to perform work that disturbs paint in target housing and child-occupied facilities built before 1978. This may include, but is not limited to:
- Residential rental property owners/managers
- General contractors
- Manufactured home installers
- Special trade contractors, including
- Carpenters
- Electricians
- Painters
- Plumbers
- Roofers
Q: What is a child-occupied facility?
A: Child-occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week.
Q: What types of work does the Lead Renovation, Repair, and Painting Program apply to?
A: Generally, any activity that disturbs paint in pre-1978 target housing and child-occupied facilities, including:
- Remodeling and repair/maintenance
- Electrical work
- Plumbing
- Painting
- Carpentry
- Window replacement
Q: What Housing or Activities Are Excluded and Not Subject to the Rule?
A: The following are exclusions to the Rule:
- Housing built in 1978 or later;
- Renovations in which a written determination has been made by a certified inspector or risk assessor that the components affected by the renovation are lead-free;
- Minor repair and maintenance activities that disturb 2 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.
Q: What do I need to do to comply with the rule when performing housing renovations?
A: Effective December 22, 2008, you are required to do the following:
- Prior to beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must provide the owner of the unit with the pamphlet, and comply with one of the following:
- (i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or
- (ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
- If the owner does not occupy the dwelling unit, you must provide the owner with a copy of the Pamphlet as set forth in Paragraph 1 and provide an adult occupant of the unit with the pamphlet, and comply with one of the following:
- (i) Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult occupant; or
- (ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
After April 10, 2010, the contractor and any subcontractors must be EPA certified to perform renovation work.
By memorandum issued on June 18, 2010, the EPA delayed enforcement of the Lead Paint Rule until October 1, 2010 against construction firms; however, individuals requiring certification must be enrolled by September 30, 2010 in a certification class and successfully complete the class before December 30, 2010.
After February 1, 2011, the contractor pulling the permits must provide the municipality or other permitting authority with sufficient information to enable the verification of the contractor’s certification and pay any surcharge assessed for the verification process.
Q: What do I need to do to comply with the Rule when renovating a child-care facility?
A: Effective December 22, 2008, you are required to do the following:
- Prior to beginning renovation activities in any child-occupied facility, the firm performing the renovation must provide the owner of the building with the pamphlet, and comply with one of the following:
- (i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.
- (ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
- If the child-occupied facility is not the owner of the building, provide an adult representative of the child-occupied facility with the pamphlet, and comply with one of the following:
- (i) Obtain, from the adult representative, a written acknowledgment that the adult representative has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult representative.
- (ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
- Provide the parents and guardians of children using the child-occupied facility with the pamphlet and information describing the general nature and locations of the renovation and the anticipated completion date by complying with one of the following:
- (i) Mail or hand-deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility.
- (ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians.
- The renovation firm must prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.
- The written acknowledgments required by this section must:
- (i) Include a statement recording the owner or occupant’s name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the unit undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.
- (ii) Be either a separate sheet or part of any written contract or service agreement for the renovation.
- (iii) Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.
After April 10, 2010, the contractor and any subcontractors must be EPA certified to perform renovation work.
After February 1, 2011, the contractor pulling the permits must provide the municipality or other permitting authority with sufficient information to enable the verification of the contractor’s certification and pay any surcharge assessed for the verification process.
Q: What do I need to do to comply with the Rule when renovating the common-areas of multi-family housing or child-occupied facilities?
A: Effective December 22, 2008, before beginning the renovation activities, you are required to do the following:
- Provide the owner with the pamphlet, and comply with one of the following:
- (i) Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet; or
- (ii) Obtain a certificate of mailing at least 7 days prior to the renovation.
- Comply with one of the following.
- (i) Notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet, at no charge, from the firm performing the renovation, or
- (ii) While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants.
- Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.
- If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and the firm provided written initial notification to each affected unit, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice.
- After April 10, 2010, the contractor and any subcontractors must be EPA certified to perform renovation work.
- After February 1, 2011, the contractor pulling the permits must provide the municipality or other permitting authority with sufficient information to enable the verification of the contractor’s certification and pay any surcharge assessed for the verification process.
Q: Where can I obtain a copy of the brochure, The Lead-Safe Certified Guide to Renovate Right?
A: This document can be obtained from the EPA at http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf.
Q: What form can I use to show that I provided the above brochure to the required persons?
A: The brochure itself contains a sample form that may be used.
Q: Where can I obtain additional information on the Rule and compliance?
A: The EPA has information available at http://www.epa.gov/lead/pubs/renovation.htm.
If you have any questions regarding certification courses, you may contact the Minnesota Chapter of the National Association of the Remodeling Industry at 612.332.6274.
This information is being provided as general educational materials by Alden Pearson, P.A. It is not specific legal advice to you and does not create an attorney-client relationship. We encourage you to obtain competent legal advice from an attorney in determining how you will be affected by the EPA Lead Paint Rule.
For the text of the Rule, go to: http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.pdf
