Home Renovation Contract by vxc11817

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									         Lead-Based Paint
   Renovation, Repair, and Painting


   2010 Small Business
Environmental Conference,
      June 10, 2010
    Rule Summary:

       EPA has issued a final rule under the authority of
        Section 402(c)(3) of the Toxic Substances Control
        Act (TSCA) to address lead-based paint hazards
        created by renovation, repair, and painting activities
        that disturb lead-based paint in “target housing” and
        “child-occupied facilities.”
        –   For more information:
            http://www.epa.gov/lead/pubs/renovation.htm




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    Health Risks of Lead
    •   Very hazardous to children.
         –   Damages the brain and central nervous system; can cause decreased intelligence,
             reading and learning difficulties, behavioral problems, and hyperactivity.
         –   Damage can be irreversible, affecting children throughout their lives.
    •   Hazardous to pregnant women.
         –   Damage to the fetus.
         –   Lead can cause miscarriages, premature births, brain damage, and low birth weight.
    •   Also hazardous to workers and other adults.
         –   High blood pressure.
         –   Loss of sex drive and/or capability.
         –   Fertility problems in both men and women.
         –   Physical fatigue.
         –   Nerve disorders.
         –   Memory and concentration problems.
         –   Muscle and/or joint pain.
    •   Lead exposure causes permanent damage.


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    Why are Dust and Debris a Problem?

    • Renovation activities that disturb lead-based paint
      create dust and debris. Debris becomes dust.
    • Lead-contaminated dust is poisonous.
    • Very small amounts of lead-contaminated dust can
      poison children and adults.
       –   Children swallow dust during ordinary play activities.
       –   Adults swallow or breathe dust during work activities.
    • Workers can bring lead-contaminated dust home
      and poison their families.

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    Breaking News

       EPA will undertake rulemakings to expand coverage
        and strengthen requirements of the RRP rule.
        –   Expanded RRP rule requirements to cover most pre-1978 housing.
        –   Require quantitative dust testing after many renovations and
            clearance after a subset of high dust-generating renovations.
        –   Cover public and commercial buildings other than child-occupied
            facilities.
       The agreement was part of a settlement of litigation
        by the Sierra Club, the New York City Coalition to
        End Lead Poisoning, and other public interest
        petitioners over the RRP rule.

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    Which Projects are Covered?

       Renovation, repair and painting activities that
        disturb painted surfaces in:
        –   Target housing, which is housing constructed before
            1978 except:
        –   housing for the elderly or persons with disabilities
            (unless any child who is less than 6 years of age
            resides or is expected to reside in such housing); or
        –   any 0-bedroom dwelling.
       Child-occupied facilities built before 1978.
        –   Includes kindergartens and child care centers.

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    What is a Renovation?

       A renovation is a modification of any existing structure, or portion
        thereof, that results in the disturbance of painted surfaces, unless
        that activity is performed as part of an abatement. This includes:
         –   Modification or repair of painted surfaces such as doors, surface restoration,
             window repair, or surface preparation activity (sanding, scraping).
         –   Removal of building components, such as walls, ceilings, plumbing, or windows.
         –   Weatherization projects, such as cutting holes in painted surfaces to install
             blown-in insulation or to gain access to attics or planing thresholds to install
             weather-stripping.
         –   Interim controls that disturb painted surfaces, such as paint stabilization.
       Renovations that convert a building, or part of a building, into
        target housing or a child-occupied facility are covered.



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    Minor Repair and Maintenance

       For the purposes of this rule, renovations do not include minor
        repair and maintenance activities.
       Minor repair and maintenance activities are activities, including
        minor heating, ventilation or air conditioning work, electrical
        work, and plumbing, that disrupt 6 square feet or less of painted
        surface per room for interior activities or 20 square feet or less
        of painted surface for exterior activities.
         –   No prohibited practices.
         –   No window replacements.
         –   No demolition of painted surfaces.




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    Minor Repair and Maintenance

       When removing painted components, or portions of
        painted components, the entire surface area
        removed is the amount of painted surface disturbed.
       Jobs, other than emergency renovations, performed
        in the same room within the same 30 days are
        considered the same job.




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     Other Exclusions

     Lead-based Paint Free
      The rule excludes renovations that affect only components that
       have been determined to be free of lead-based paint.
          –   Written determination by certified inspector or risk assessor; or
          –   Written determination by certified renovator using an EPA-approved test kit.
        EPA-approved test kits must meet the following criteria:
          –   Phase 1: No more than 5% false negative results.
          –   Phase 2: No more than 5% false negative results and should have no more than
              10% false positive results.
        Two Phase 1 kits have been recognized:
          –   LeadCheck for non plaster/drywall surfaces.
          –   State of Massachusetts’ sodium sulfide for non metal surfaces.
        Phase 2 kits are under development.


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     Other Exclusions
     Emergency Renovations
      Emergency renovations are renovation activities that were not
       planned but result from a sudden, unexpected event that, if not
       immediately attended to, presents a safety or public health
       hazard, or threatens equipment and/or property with significant
       damage.
      Emergency renovations are exempt from the rule’s
       requirements to the extent necessary to respond to the
       emergency.
         –   Not required to provide pamphlet to owner/occupant.
         –   Post-renovation cleaning and cleaning verification must be performed by
             certified firms and individuals in accordance with the rule requirements.


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     Other Exclusions

     Opt-out provision
        Homeowners may choose to opt out of the rule’s
         requirements if:
         –   they occupy the housing to be renovated,
         –   the housing is not a child-occupied facility,
         –   no child under age 6 or pregnant woman resides there, and
         –   The homeowner indicates that they understand that the firm will
             not be required to follow the rule’s requirements.
        To qualify, the homeowner must provide the renovation
         firm with a signed statement to this effect.
        This exclusion will no longer be allowed beginning July 6,
12       2010.
     Pre-Renovation Education
        No more than 60 days before beginning a covered renovation in target
         housing or a child occupied facility, the renovation firm must provide
         the owner and the occupant (if different) with a copy of EPA’s
         Renovate Right pamphlet.
          –   All exclusions apply to this requirement except for the opt-out provision.
        For renovations in common areas, renovation firms have the option of
         posting informational signs while the renovation is ongoing. Signs
         must:
          –   Be posted where they are likely to be seen by affected tenants,
          –   Contain a general description of the renovation, including dates, and
          –   Be accompanied by a posted copy of Renovate Right or information on
              how to obtain a copy.
        When renovating a child-occupied facility, renovation firms must also
         provide this information to the parents/guardians of children using the
         child-occupied facility. (Signs may be used for this purpose.)


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     Who Must be Certified?
        Renovations performed for compensation in target housing and
         child-occupied facilities must be performed by certified firms
         using certified renovators and other trained workers.
        The rule covers any person who performs renovation for
         compensation, including:
         –   Construction and renovation contractors.
         –   Window replacement contractors.
         –   Electricians, plumbers, painters, and other specialty contractors.
         –   Property managers and their staff.
         –   Handymen.
         –   Single person operations (must have firm certification and individual
             certification as a renovator).




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     How to Get Certified - Firms

        A firm is a company, partnership, corporation, sole
         proprietorship or individual doing business, an association,
         other business entity, a government agency, or a nonprofit
         organization.
        EPA is started to process firm applications in October 2009.
        The application form and instructions are available on EPA’s
         website or from the National Lead Information Center at 1-800-
         424-LEAD.
          –   Complete application.
          –   Fee of $300 ($550 for certification for both abatement and renovation).
        Re-certification, including a fee of $300, is required every 5
         years.


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     How to Get Certified - Individuals

        Persons who successfully complete an 8-hour accredited
         renovator training course are certified renovators.
         –   No formal application to EPA is required.
        Interested persons may take accredited renovator training
         courses as soon as the courses are available.
         –   EPA began accepting accreditation applications from trainers
             on April 22, 2009.
        EPA will maintain a database of accredited trainers on its
         website, or you may call 1-800-424-LEAD for help in
         finding a trainer.
        A 4-hour accredited refresher course is required every 5
         years to maintain certification as a renovator.


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     How to Get Certified –
     Individuals With Prior Training

        Persons who have successfully completed the
         following training are only required to take an
         accredited 4-hour refresher course to become
         certified renovators:
         –   Accredited training as an abatement supervisor or worker
             (whether or not they have current certification as an
             abatement supervisor or worker).
         –   An EPA, HUD, or EPA/HUD model lead-safe work practices
             or renovation training course.
        Contact EPA if you have any questions about prior
         training.

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     Training Provider Accreditation

        Trainers must submit an application and fee to EPA.
        Trainers must be re-accredited every 4 years.
        Accreditation procedures are the same as established for
         abatement training.
        Course must last a minimum of 8 hours, with 2 hours
         devoted to hands-on training.
        EPA has updated the model courses.
        Training providers must notify EPA of individuals who
         complete training.
        Accreditation allows the trainer to conduct training in any
         non-authorized State or Indian Tribal area.


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     Work Practice Standards
     Firm Responsibilities


        Firms performing renovations must ensure that:
         –   All individuals performing renovation activities on their
             behalf are either certified renovators or have been trained
             by a certified renovator.
         –   A certified renovator is assigned to each renovation and
             performs all of the certified renovator responsibilities.
         –   All renovations performed by the firm are performed in
             accordance with the lead-safe work practice standards.
         –   The firm supplies lead hazard information pamphlets to
             owners and occupants of the home or building to be
             renovated prior to starting the work.
         –   The recordkeeping requirements are met.


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     Work Practice Standards
     Renovator Responsibilities


        Perform project cleaning verification, and perform or direct
         workers who perform all other required tasks.
        Provide training to workers on the work practices they will be
         using in performing their assigned tasks.
        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.




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     Work Practice Standards
     Renovator Responsibilities


        Be physically present at the work site:
          –   When warning signs are posted.
          –   While containment is being established.
          –   While the work area cleaning is performed.
        Be available, either on-site or by telephone, at all times that
         renovations are being conducted.
        When requested, use an recognized test kit to determine if
         lead-based paint is present.
        Carry copies of their initial course completion certificate and
         most recent refresher course completion certificate.
        Prepare required records.


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     Work Practice Standards
     General


        Post signs defining the work area.
        Contain the work area so that no visible dust or debris can
         leave the area.
          –   HVAC ducts, countertops, floors, and objects left in the work area
              must be covered with taped-down protective sheeting.
        Certain practices are prohibited or restricted:
          –   open-flame burning or torching.
          –   machines that remove lead-based paint through high speed
              operation such as sanding, grinding, power planing, needle gun,
              abrasive blasting, or sandblasting, unless such machines are used
              with HEPA exhaust control.
          –   operating a heat gun above 1100 degrees Fahrenheit.




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     Work Practice Standards
     Containment (Interiors)


        Remove or cover all objects from the work area.
        Close and cover all ducts in the work area.
        Close or cover all windows and doors in the work
         area.
        Cover the floor surface of the work area with
         plastic sheeting.
        Ensure that all personnel, tools, and other items
         including waste are free of dust and debris when
         leaving the work area.

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     Work Practice Standards
     Containment (Exteriors)



        Close all doors and windows within 20 feet of
         the renovation.
        Cover the ground with plastic sheeting
         extending out from the edge of the structure
         a sufficient distance to collect falling paint
         debris.



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     Work Practice Standards
     Waste


        During renovation, waste must be contained
         to prevent releases of dust and debris.
        At the end of each work day and at the end
         of the job, waste must be contained or
         enclosed to prevent release of dust and
         debris and prevent access.
        When the firm transports waste, it must be
         contained to prevent releases of dust and
         debris.
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     Work Practice Standards
     Cleaning



        After the renovation has been completed,
         the firm must clean the work area until no
         visible dust, debris or residue remains.
         –   Pick up all paint chips and debris.
         –   Remove all protective sheeting.
         –   Dispose of paint chips, debris and sheeting as
             waste.



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     Work Practice Standards
     Cleaning (Interiors)


        Clean all objects and surfaces in and around the
         work area.
         –   Clean walls with a HEPA-equipped vacuum or with a damp
             cloth.
         –   Vacuum all remaining surfaces and objects in the work
             area, including furniture and fixtures, with a HEPA-equipped
             vacuum.
         –   Wipe all remaining surfaces and objects in the work area
             with a damp cloth.
         –   Mop uncarpeted floors.



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     Work Practice Standards
     Cleaning Verification



        A certified renovator must use wet disposable white cleaning cloths
         to wipe windowsills, countertops, and uncarpeted floors in the work
         area.
        These cloths must be compared to a cleaning verification card.
        If the cloth matches or is lighter than the card, that surface has
         passed the cleaning verification.
        Surfaces that do not pass the first attempt must be re-cleaned.
        Surfaces that do not pass on the second attempt must be allowed to
         dry and wiped with a white electrostatic (dry) cleaning cloth.
        Dust clearance testing may be performed instead, if the renovation
         contract or another law or regulation requires the firm to achieve
         clearance standards.

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     Recordkeeping and Enforcement

        Documents demonstrating compliance with the rule
         must be retained for 3 years following the completion
         of a renovation.
         –   Pamphlet acknowledgment forms, owner opt-out forms, and
             documentation of work practices.
        EPA may suspend, revoke, or modify a firm’s or
         individual’s certification for non-compliance.
        Non-compliant contractors may be liable for civil
         and/or criminal penalties.

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     State and Tribal Program Authorization

        States, Territories, and Tribes may obtain authorization to
         administer and enforce their own RRP programs.
        They could begin applying for program authorization as of June
         22, 2008.
        EPA will authorize programs that are at least as protective as
         the final RRP rule.
        EPA has begun implementation of the Federal program in all
         non-authorized states, territories and tribal areas.
        Authorized states: Iowa, Kansas, Mississippi, North Carolina,
         Oregon, Rhode Island, Utah, Wisconsin.




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     Outreach

        EPA is conducting an outreach and education
         campaign designed to encourage homeowners and
         other building owners to follow lead-safe work
         practices while performing renovations or hire a
         certified renovation firm to do so.




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     Helpful Products

        Available now at
         www.epa.gov/lead
         –   E-learning model course
         –   Initial and refresher training
         –   Firm Certification Application
         –   Renovate Right
         –   Compliance Guide
         –   Steps brochure

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     Thank You for Your Time!

                   Hans Scheifele
        National Program Chemicals Division
        U.S. Environmental Protection Agency

                  (202) 564-3122
              Scheifele.hans@epa.gov
                 www.epa.gov/lead

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