On April 22, 2008, the Environmental Protection Agency of the United States passed the Renovation, Repair and Painting Rule. This rule was implemented in an effort to protect consumers and homeowners from lead poisoning caused by lead paint chips and dust. Beginning April 22, 2010, any contractors performing work that "disturb[s] lead-based paint" in a home or building "built before 1978 must be certified and must follow specific work practices to prevent lead contamination." The penalty for working on a property without being certified, or for failing to follow the safe working procedures is up to $37,000 per day per violation.
Prior to July 6, 2010, homeowner's could "opt-out" of compliance with the rule by signing a waiver certifying that no child under six, or pregnant women lived at the property being renovated. However, the EPA issued a final rule that eliminated this "opt-out" option on July 6, 2010. No homeowner can decide to ignore this rule, and no contractor can circumvent the ruling.
Who Must be Certified by the EPA to Perform Work on Pre-1978 Homes and Buildings
If you receive payment in any form for work performed on a building built before 1978, you must be certified by the EPA before beginning work. This rule applies to all individuals and firms engaged in building and repair work including all general contractors, sub-contractors, plumber, painters, insulation contractors, drywall installers, siding contractors, window installers, finish carpenters, maintenance workers, even owner's of rental properties performing repair projects. Exterior work and interior work are covered by the EPA's Renovation, Repair and Painting Rule. A homeowner working on his own home, with no money exchanging hands in payment for the work completed, may do the work without being certified, but the EPA encourages these do-it-yourselfers to read the EPA's Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools information pamphlet.
How to Become EPA Certified to Perform Work Where Lead Paint May be Present
An individual, building firm, or contractor wishing to comply with the EPA's Renovation, Repair and Painting Rule must send an application to EPA with the required fee. The fee ranges from $300 to $585 and depends on the type of certification being requested. To be certified to perform work, the fee is $300, but to become certified for "lead abatement, inspection or risk assessments," the fee is $550. Becoming certified in a second state is an additional fee of $35, bringing the total to $585.
In addition to the application and fee to the EPA, the contractor must take an EPA approved eight-hour training course. The EPA provides a list of approved training providers in your state with the application. The course is offered in a variety of locations around the country and a fee must be paid to the educational institution when registering for the class. The class fee ranges widely depending on the location of the course. Some contractors send all their employees to the required training class, while others send only the managers, supervisors, or business owners. The person, not the business, taking the class holds the certificate and the ultimate responsibility of the jobsite.
Contractors performing work in Wisconsin, Iowa, North Carolina, Mississippi, Kansas, Rhode Island, Utah, Oregon, Massachusetts and Alabama must apply for certification with the state instead of directly with the EPA.
How the EPA's Renovation, Repair and Painting Rule Affects Contractors and Homeowners
The EPA's Renovation, Repair and Painting Rule seeks to prevent and reduce incidences of lead poisoning. According to the U. S. Center for Disease Control, less than one percent of the tested children under six years old had elevated lead blood levels in 2007, the latest reported statistics. The CDC reports that "deaths associated with lead poisoning are rare." Not all children are at-risk for elevated lead blood levels, so not all children are tested.
In their effort to reduce the one percent elevated lead blood level rate, the EPA has initiated strict guidelines, fees and penalties. In a struggling industry, these penalties can bankrupt a struggling small business, and the certification, training, testing and remediation fees will be passed to consumers. As stated on an abundance of forums and chatrooms, many contractors will refuse to work on pre-1978 homes, and homeowners may find these older homes more difficult to sell in the future.
Lead paint can lead to lead poisoning if not handled correctly when removed, but levying fees, fines and penalties does not encourage safe practices. Education of parents and homeowners encourages safe practices. Every parent already knows of the dangers of lead poisoning and if her home was built before 1978 because that parent is reminded and asked every few months when she takes her baby to the doctor's office for shots and check-ups. That parent does not need to have difficulty selling her home or finding a contractor to perform minor repairs on her older home to remind her to protect her child from lead.
Source:
EPA: Renovation, Repair and Painting (accessed January 8, 2011).
Chasity Goddard - Chasity Goddard holds a BA degree from the University of TN. Her wide-ranging interests and research skills pull her in various ...
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