Lead-Based Paint Renovation, Repair and Painting Program
BREAKING NEWS: ENFORCEMENT OF EPA RULE DELAYED
On Friday, June 18, 2010, the EPA announced that it will not take enforcement action against renovation and repair firms for violations of the EPA's certification requirements until October, 2010. For individual renovation workers, the agency will not take enforcement action as long as those workers have applied for, or enrolled in, training classes by September 30, 2010. The lead safe work practice requirements imposed by California law (SB 460, discussed below) remain in effect as does the pre-renovation disclosure requirement.
The RHO has Lead Renovator Training Classes available now.
Call 510-537-0340 for dates and times.
Beginning, April 22, 2010, owners, managers, contractors, and other individuals who perform repairs, renovation, or painting on pre-1978 buildings must comply with the Environmental Protection Agency (EPA) certification, training, and safe work practice requirements.
Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement. The work can only be performed by an individual who has been trained and is either certified or supervised by someone who is. Certification requires successful completion of an 8-hour course. These requirements are part of the same 2008 regulation that already requires pre-renovation disclosure and distribution of a lead pamphlet. Owners and managers of residential rental property in California are already required to use lead safe work practices to protect occupants against exposure as of a result of Senate Bill 460, enacted in 2002.
SB 460 added lead hazards to the conditions that make premises uninhabitable and substandard. It also prohibits an individual from disturbing more than a “de minimis” amount of lead-based paint without “containment” (a system, process or barrier used to contain lead hazards inside a work area). While this is not as detailed a requirement as the new EPA rule, the purpose of both is to ensure that the work that disturbs lead-based paint is done in a way that does not create a hazard and that no hazards are left behind.
Both SB 460 and the EPA regulations are focused on protecting the health of occupants. Additional safety measures may be required to protect the health of workers under Cal/OSHA’s Lead in Construction Standard. Additional training and certification requirements also apply to work that is intended to remove lead-based paint or permanently control lead hazards.
1. What type of work does the rule apply to? What is considered “renovation?”
Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement. In general, any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including remodeling and repair/maintenance, electrical work, plumbing, painting, carpentry, and window replacement.
2. Does this include surface preparation for repainting and other basic maintenance activities?
If the surface to be painted is disturbed by sanding, scraping, or other activities that may cause dust, the work is considered renovation. However, “minor repairs and maintenance” are exempt from the rule and may be performed by a person who is not trained or certified. This is defined as “activities that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of a painted surface for exterior activities where none of the prohibited work practices is used and where the work does not involve window replacement or demolition of painted surfaces.” Note that this differs from the “de minimis” exemption from California’s safe work practices requirement. Some jobs that are exempt from the EPA rule must still be performed in compliance with SB 460.
The requirements of SB 460 are triggered if the amount lead-based paint (or presumed lead-based paint) disturbed is equal to or exceeds (1) two square feet in any one interior room or space; (2) twenty square feet on exterior surfaces; (3) ten percent of the surface area on an interior or exterior component with a small surface area such as window sills, baseboards and trim. See http://www.hud.gov/offices/lead/lbp/hudguidelines/Ch08.pdf for the HUD Guidelines.
3. Who does the rule apply to?
In general, anyone who performs work for compensation and who disturbs paint in housing and child-occupied facilities built before 1978, including, but not limited to, residential rental property owners/managers, general contractor, and special trade contractors, including painters, plumbers, carpenters, and electricians.
4. Does the rule apply to an owner doing work on his own rental property?
Yes. The owner is viewed by the EPA as doing the work “for compensation” because he is paid in the form of rent. By contrast, the rule does not apply to an owner doing work on his own residence.
5. What types of buildings does the rule apply to? Apartments? Single family
homes?
The rule applies to residential houses, apartments, and child occupied facilities such as schools and day care centers built before 1978.
6. What type of buildings or units are exempt from the EPA rule?
- “Zero bedroom dwellings” are exempt. This means any residential dwelling where the living area is not separated from the sleeping area. This includes efficiency and studio apartments, dormitory housing, and military barracks.
- Housing built in 1978 or later.
- Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there.
- Housing or components declared lead-free by a certified inspector or risk assessor.
Note, however, that the requirements of SB 460 apply to all premises governed by California’s habitability and substandard housing laws, i.e., all pre-1978 housing, except that which has been proven lead-free.
7. Who must be trained and certified?
The person doing the work must be trained and must be either be certified or supervised by someone who is certified. For example, if a landlord is doing work on a unit him or herself, the landlord must be certified. If the landlord’s employee is doing the work, either the maintenance employee must be certified, or the owner must be certified and have trained the employee in the use of lead safe work practices.
8. What are the responsibilities of the certified renovator?
Certified renovators are responsible for ensuring overall compliance with the EPA’s lead-safe work practice requirements, including training and supervising workers. They must also be present at the site when (1) warnings signs are posted; (2) containment measures are set up; and (3) when clean up is performed. They must be available on-site or by phone during the work, and verifying cleanup and preparing required records.
9. What are lead safe work practices?
Lead-safe work practices include: work-area containment to prevent dust and debris from leaving the work area; prohibition of certain work practices; thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards; and proper waste removal and disposal.
10. What are “prohibited practices?”
The following work practices are prohibited during a renovation:
- Open flame burning or torching of lead-based paint
- Use of machines that remove lead-based paint through high speed operation such as sanding, grinding, power planning, needle gun, abrasive blasting, or sand blasting, unless such machines are used with HEPA exhaust control.
- Operating a heat gun on lead-based paint at temperatures above 1100 degrees Fahrenheit.
11. How does one obtain certification?
The California Apartment Association, in conjunction with Benchmark Environmental, is now offering the mandatory EPA-accredited training course. Contact your local association for classes in your area or go to CAA’s Web site at www.caanet.org/events.
Prepared by:
By Debra Carlton
Senior Vice President, Public Affairs
California Apartment Association
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EPA Websites:
http://www.epa.gov/region9/toxic/lead/contacts.html
http://www.epa.gov/lead/pubs/renovation.htm
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