The New Federal Lead Paint Rule Don't Get Brushed Away

 On April 22, 2010 the federal Environmental Protection Agency's (EPA's) new “Renovation, Repair, & Painting Rule” for lead based paint will take effect. The new rule requires owners to follow  lead-safe work practices when disturbing a painted surface via sanding,  demolition, renovation, repair, and other means in pre-1978 or “target” housing as well as facilities occupied by children.  

 The bottom line is that this new rule will significantly change the way property  managers, renovation and remodeling contractors, maintenance workers, painters  and other specialty trades do business in housing built before 1978 and  child-occupied facilities. The legislation includes new training requirements,  additional notifications and disclosures, new work practices, new clearance  requirements and expanded records requirements. Property managers and owners should be diligent in making sure their building  staff and outside contractors thoroughly understand their obligations under the  new EPA rule.  

 New Training Requirements

 The rule requires individual renovators/contractors to complete a state or EPA  accredited course and obtain certification. This includes building employees  who do work that disturbs lead based paint Owners and contractors can get a list of accredited trainers at www.epa.gov/lead/pubs/trainingproviders.htm The rule also requires firms that employ workers to have a company license  issued by the EPA. In the past, the EPA rules for lead based paint only governed activities for  abatement. Workers who have already been trained under Local Law 1 and who  already have a Lead Safe Work Practices Certificate can be grandfathered in by  taking a 4 hour refresher course given by a certified training firm.  

 Owners who use outside contractors should make sure they are properly trained in  Lead Safe Work Practices under the new rule and should ask to see their  certificates.  

 Notifications and Disclosures

 The new rule requires contractors to notify tenants before disturbing any  painted services by giving them a hand out called the ‘Renovate Right” pamphlet. This pamphlet, replaces the “Protect Your Family from Lead” pamphlet previously required. You can get a copy of a pamphlet by going to the  EPA website http://www.epa.gov/lead/pubs/rrp. htm. Contractors must also give  tenants a disclosure form informing them of the nature and timing of renovation  activity and the potential of lead hazards. The EPA has a sample for  contractors and owners can use http://www.epa.gov/ lead/pubs/rrp.htm. In addition, workers (including your building staff) are required to post  warning signs around the affected areas.  

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3 Comments

  • This may be extended: EPA Delays Enforcement of New Lead-Based Paint Certification and Training Requirements Beveridge & Diamond, P.C., June 25, 2010 On June 18, 2010, the Environmental Protection Agency (“EPA”) announced its decision to delay enforcement of the certification and training requirements in the Lead Renovation Repair and Painting Rule (“RRP Rule”). The RRP Rule required renovation firms and individual renovators to become certified by April 22, 2010, prior to performing work on target housing and child-occupied facilities. EPA responded to complaints from the regulated community and related pressure from Congress regarding the processing time for applications and difficulty obtaining the necessary renovator training. The new deadlines for compliance with the rule’s certification and training requirements are as follows: Renovation Firms: EPA will not enforce against renovation firms for violations of the certification requirement until October 1, 2010. Individual Renovators: EPA will not enforce against individual renovators if the person has applied to enroll in, or has enrolled in, a certified renovator training class by September 30, 2010. Renovators must complete the training by December 31, 2010.
  • do I have to hand out the lead safe pamphlet if I tested the areas that are being renovated and ther is no lead paint present? Thanks you
  • doing a paint job at 1025 5th ave. i am skim coating the walls priming and painting. The owners want me to be lead abatement certified. I do not see the reason why I have to be if Iam not disturbing the surface. I am not doing any construction demo? Do I have to be certified for this project at this building? Julian