By Ray Berger, senior trainer, Paul Davis Restoration

The subject of lead-based paint and the new Environmental Protection Agency (EPA) Renovation, Repair and Painting (RRP) rule that went into effect earlier this year has been a hot topic not only in the construction industry, but in the insurance industry as well. It is important that you and your policy holders are aware of this rule as it affects all of us, not just contractors.

The EPA's RRP rule essentially states that, beginning April 22, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. It pertains to renovation projects where more than 6 sq. ft. of painted surface inside or 20 sq. ft. outside are disturbed. In these instances, strict EPA guidelines must be followed.

Simply stated, the rule is designed to help prevent lead poisoning. (According to the EPA, more than 1 million children have been affected by lead poisoning since 2000.)

How can people become affected by lead poisoning today? The EPA says that lead tainted dust created from the renovation process is what causes the health problems. This dust is the result of the actions of using paint scrapers and sand paper to remove lead paint from walls, trim work, doors cabinets, etc. Carpenters and painters are not the only trades that can cause this dust to appear – electricians and plumbers can cause lead dust to appear as well.

  • Homeowners: The EPA's RRP rule does not apply to homeowners that are performing a "do-it-yourself" project to their pre-1978 home. Even though this circumstance is not subject to the rule, the safety of the family is their responsibility. All homeowners should read a copy of EPA's "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools" lead hazard information pamphlet found on the EPA's website
  • Tenants: Property managers or landlords are required to provide notification to tenants prior to starting a renovation project in buildings built before 1978. They are also required to have tenants sign a pre-renovation disclosure form, which indicates that the tenant received the "Renovate Right" lead hazard information pamphlet.

Some other important information since the lead rule went into effect includes the following:

  • As of Oct. 21, the EPA has accredited 396 training providers who have conducted more than 22,991 courses, training an estimated 503,700 people in the construction and remodeling industries to use lead-safe work practices.
  • To date, EPA has recognized three lead test kits for use in complying with the false negative response criterion of the Renovation, Repair and Painting (RRP) rule. They are the LeadCheck, the State of Massachusetts kit, and D-Lead.
  1. LeadCheck. EPA recognizes that when used by a certified renovator, the LeadCheck lead test kit can reliably determine that regulated lead-based paint is not present on wood or ferrous metal (alloys that contain iron). This kit is not recognized for use on plaster and drywall.
  2. State of Massachusetts. EPA recognizes that when used by trained professionals the State of Massachusetts lead test kit can reliably determine that regulated lead-based paint is not present on wood, drywall and plaster; it is not recognized for use on ferrous metal (alloys that contain iron).
  3. D-Lead. Based on the results of the Environmental Technology Verification (ETV) study of vendor-submitted lead test kits, EPA recognizes that when used by a certified renovator the D-Lead Paint Test Kit manufactured by ESCA Tech Inc., can reliably determine that regulated lead-based paint is not present on wood, ferrous metal (alloys that contain iron), drywall and plaster surfaces.
  • EPA Authorized State Programs EPA has the authority to authorize states, tribes and territories to administer their own RRP program that would operate in lieu of the EPA regulations. When a state, tribe or territory becomes authorized, contractors and training providers working in these areas and consumers living there should contact the appropriate state, tribal or territorial program office. Currently the following states have been authorized by EPA; Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon and Massachusetts.

Ray Berger is the Senior Trainer for Jacksonville, Fla.-based Paul Davis Restoration Inc., a national franchise organization and leading provider of fire and water damage clean up and restoration, and mold removal services for residential and commercial properties.

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