Contractors in Minnesota and throughout the United States that
perform repairs or renovations that disturb lead-based paint (such
as sanding, cutting and demolishing) in homes, schools and
child-care facilities constructed before 1978 are now subject to
new EPA regulations mandating certain "lead-safe
practices." These practices are intended to minimize exposure
to lead-containing dust and debris during such projects.
Contractors that fail to comply with EPA regulations can face
significant monetary fines.
The EPA's Lead-Based Paint Renovation, Repair and Painting
(RRP) Program took effect on April 22, 2010. The regulations now
require that contractors be certified by the EPA prior to
performing repair and renovation projects in pre-1978 residences
and child-occupied facilities. Contractors are further required to
employ specified containment and cleaning practices. The State of
Minnesota, during the 2010 legislative session, adopted the RRP
regulations and will require, as of February 1, 2011, that all
residential building and roofing contractors provide proof of their
EPA certification to municipalities when seeking permits for work
on pre-1978 structures.
Contractors who are not yet familiar with the EPA regulations
should visit the EPA lead renovation website for more details
and a full listing of the regulations. Below are a few of the
highlights:
1. Residential and Child-Occupied Facilities. The EPA regulations
apply to residential property, including apartments, constructed
before 1978, as well as "child-occupied facilities" such
as daycare centers and schools regularly visited by children under
the age of 6 years.
2. Training and Certification. All companies or other business
entities performing renovation work of this nature (referred to as
"Firms" in the EPA regulations) must submit an
application to the EPA for certification and pay a fee. In
addition, an employee of the firm must also become certified as a
"Certified Renovator." A certified renovator in turn may
train other employees and is required to oversee the firm's
renovation and cleaning practices. Contractors are also to provide
a lead renovation pamphlet to the occupants of the property and
must document and maintain records of their work practice
procedures.
3. Work Practice Procedures. The work area must be contained to
prevent the spread of dust and debris. Plastic sheeting must be
extended 6 feet in all directions from the work area. Warning sign
must be posted at the entrance to the work area. In addition to
other specified cleaning practices, a HEPA (high-efficiency
particulate air) vacuum must be used during the cleanup
process.
4. Exemptions/Opt-Out Waiver. "Minor repair work" of
less than 6 square feet in the interior of a structure and 20
square feet on the exterior are exempt from the lead-safe
practices. Removal and replacement of windows is not considered
minor repair work. Until July 2010, the RRP includes a process by
which a homeowner may agree to waive the lead-safe practices if
there are no children under the age of 6 years residing in the
property and no one residing in the property is pregnant. However,
as of July 2010, this opt-out waiver will be revoked by the EPA.
Accordingly, as of July, a property owner will not under any
circumstances be able to opt out of the EPA regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.