The EPA’s Lead-Based Paint Renovation, Repair and Painting Program Rule (RRP) aimed at protecting against lead-based paint hazards associated with renovation, repair and painting activities became effective April 22, 2010. This new multi-layered regulation requires all construction workers, property managers and landlords who perform their own renovations, repairs or painting to be trained in the use of lead-safe work practices.
This new regulation also requires that the construction company, property manager, and/or landlord along with its employees be EPA-certified. The new regulations apply to residential houses, apartments, and child-occupied facilities such as schools and day-care centers built before 1978. It includes pre-renovation education requirements as well as training, certification, and work practice requirements.
Safety has always been our main priority at DRG Inc. for both our employees, subcontractors and valued customers. Protecting homeowners and especially children from lead poisoning is very important task, however this new regulation will raise the costs of home renovations for pre-1978 residences and pass on a liability to contractors, landlords, property managers, etc. that hasn't been fully vetted as of this writing. As an example - the EPA does not require contractors to carry insurance for this new regulation to obtain a certificate. However, insurance companies are sending contractors notices that this new regulation will require a rider to their current insurance policies since this new regulations opens up numerous avenues for litigation and fines.
What do this mean to the homeowner looking to renovate their pre-1978 home?
· Increased Costs – If the work is done by a fully certified firm such as DRG, Inc. the costs to comply with this law will have to be passed on to the consumer.
· Longer Renovation Times – Based upon the requirements outlined within the regulation, renovation times along with the time required to educate the consumer and compile and store records will lead to longer renovation times.
What has DRG done to comply with the EPA’S RRP Program?
· Certified the Company as an EPA and Massachusetts Lead Safe Company
· Certified all of its employees by having them complete the EPA and Massachusetts lead safe training courses
· Purchased all of the required educational materials for the consumer
· Purchased all of the required EPA mandated signs and equipment
· In the process of purchasing additional insurance coverage once the limits and premiums are established.
What additional steps must be taken when working in a PRE 1978 Home?
· Contractor, Landlord, etc. must take the time to educate the homeowner with informational lead pamphlets that must be signed, dated, and kept on record for ten years.
· Contractor, Landlord, etc. must completely seal the job site area with plastic creating a space that won't allow any dust to travel from the site of the renovation.
· Contractor, Landlord, etc. must post signs in and outside the work zone warning neighbors and residents within the structure that work is being performed of potential lead poison inside, even if there was no signs of it.
· Contractor, Landlord, etc. must use a HEPA Vacuum’s, not just HEPA filters. All power tools used on the project must be fitted with HEPA controlled exhaust shields as well.
· All debris from the site (mandate is any area 6’ by 6’ that is disturbed) must be individually wrapped and sealed in garbage bags or rolls of plastic depending on the size of the pieces.
· Contractor, Landlord, etc. must use a test kit acceptable to the EPA and State of Massachusetts.
· Contractor, Landlord, etc. must provide on-the-job training to workers regarding the work practices they will be using on site to perform their assigned tasks.
· Certified Contractor, Landlord, etc. must be physically present at the work site when warning signs are posted, while the work-area containment is being established, and while the work site cleaning is performed.
· Contractor, Landlord, etc. must regularly direct work being performed by other individuals to ensure that proper 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.
· Contractor, Landlord, etc. must be available, on-site, at all times renovations are being conducted. (Only in MA, other states allow you to be available by phone)
· Contractor, Landlord, etc. must perform project cleaning verification. This includes hiring an outside company to certify the work site as lead free.
· Contractor, Landlord, etc. must have site copies of their initial course completion certificate and their most recent refresher course completion certificate present on site.
· Contractor, Landlord, etc. must prepare required records and must keep these records for 10 years in MA (Other states require three years of record keeping)
Unlike many regulations that have come and gone the last few years this one has some serious teeth. If a Contractor, Landlord, etc. is found working in a pre-1978 home without the proper certifications and visible work practices, the fine is up to $37,500 a day, depending on the severity of the regulation. This is why insurance companies are now realizing after a year that this new regulation requires some additional discussions and new policies. It also will be a stimulus to cash starved agencies based upon the planned dispersment of the fines.
As stated, DRG Inc. is an EPA certified lead safe firm in full compliance with all EPA and Massachusetts Lead Safe Practices. This article is meant to educate our valued partners and clientele since this new regulation will change the way that renovations, repairs and other work is performed on pre-1978 residences.
If you have any questions about lead or lead safe practices give us a call.
Here are a few helpful links:
Seth Baldelli
Licensed Construction Supervisor
DRG Inc.
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