Bituminous Insurance Companies
Release Date: May 25, 2010
The U.S. Environmental Protection Agency has amended the requirements of the Lead Renovation Repair, and Painting Program (RRP) rule. The changes include eliminating the “opt out” provision for homeowners and requiring contractors to provide training and safe work practice information to owners and occupants. The changes go into effect on July 6, 2010. In addition, the EPA proposed several additional changes to the rules.
The RRP rules establish accreditation, training, certification, and recordkeeping requirements as well as work practice standards on persons performing renovations for compensation in most pre-1978 housing and child-occupied facilities. As of April 22, 2010, the rules require renovation firms to become certified, that job sites be overseen by certified renovators, and all workers trained to follow lead-safe work practices.
The amendment eliminates an "opt-out" provision in the rule. This provision exempts renovation firms from having to comply with the training and work practice requirements of the rule when the firm obtains a signed certification from the owner-occupant of the residence that no children under age 6 or pregnant women reside in the home and that the home is not a child-occupied facility. The provision had been challenged by several advocacy groups because of potential concerns to future occupants because of the contractor’s failure to follow lead-safe work practices. The “opt-out” provision may still be used prior to July 6.
The current rule requires firms to maintain records demonstrating their compliance with the work practice requirements of the rule. Starting in July, firms must provide information demonstrating their compliance with these requirements to the owner of the building being renovated and, if different, to the occupants of the renovated housing or the operator of the child-occupied facility. The information must be provided when the final invoice is delivered or within 30 days of the completion of the renovation, whichever is earlier. For renovations in common areas, the firm must provide the occupants of affected housing units with instruction on how to review or obtain this information from the renovation firm. For renovations in child-occupied facilities, the firm must provide interested parents or guardians using the facility with instructions on how to review or obtain a copy of these records.
Specific information that must be provided by the renovation firm includes documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed the tasks required by the RRP, and that the certified renovator performed the post-renovation cleaning verification. The certified renovator must certify that lead-safe work practices were followed. In addition, the document must include information on the lead test kits used, a description of the components tested, and the test kit results. If dust clearance is performed in lieu of cleaning verification, the firm must provide a copy of the dust wipe sampling reports.
In addition to these changes, EPA has proposed two additional, significant rules concerning the lead RRP requirements. First, EPA has issued a proposed rule that would require dust wipe testing after many renovation jobs and the communication of the testing results to owners and occupants. Second, EPA has, issued an advanced notice of proposed rulemaking giving notice of their intent to regulate renovations performed in public and commercial buildings not currently considered to be child-occupied facilities, to the extent that those renovations create lead-based paint hazards.
The amendments and rulemaking proposals were published in the Federal Register on May 6, 2010. They are available on-line from http://www.access.gpo.gov/su_docs/fedreg/a100506c.html. General information about the RRP rule is available on-line from the EPA at http://www.epa.gov/lead/pubs/renovation.htm.
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The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.