Dec 2010 , Vol. VI, No.1

Part II: EPA’s Renovation, Repair and Painting Rule (RRP) Deadlines/Lead Poisoning Prevention in renovation projects

Builders and Contractors Exchange
Weekly Bulletin: 29 dec 2010

Part II:  EPA’s Renovation, Repair and Painting Rule (RRP) Deadlines/Lead Poisoning Prevention in renovation projects
By: George Nicholos

LAW TIPS

On April 22, 2008, the United States Environmental Protection Agency (EPA) issued its Renovation, Repair, and Painting Rule (RRP) requiring the use of lead safe practices and procedures for contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built prior to 1978 or “target housing” as defined by the EPA. As off April 22, 2010 contractors performing renovation projects in these targeted facilities must comply with the specific work practices of the RRP Rule to prevent lead contamination. While containing numerous exceptions, the RRP Rule generally applies to all pre-1978 housing and child occupied facilities where more than 6 square feet of existing painted surfaces per room or 20 square feet of existing exterior painted surfaces will be disturbed.

Broadly the RRP encompasses various renovation work including painting, sanding, demolition, roofing, window replacement, plumbing electrical work, heating and air conditioning, and generally work performed by construction tradesmen as well as maintenance personnel employed by schools, rental property owners, and day care providers. The RRP Rule applies to private, public, governmental and non-profit entities.

In order for contractors to comply with the RRP Rule, generally contracting firms must be certified with the EPA, distribute EPA provided informational pamphlets to clients, and have at least one certified individual at each job site that is also required to train all non-certified employees. In some instances where federal funds are utilized for housing rehabilitation, contractors may be required to have all personnel individually certified.  The RRP Rule requires contractors to test existing paint surfaces for lead content before disturbing the surfaces or in the alternative assume and treat the surfaces as containing lead-based paint. Contractors also must comply with EPA “Lead Safe Work Practices” and provide a cleaning verification at the completion of each job.

Renovation contracting firms should become certified with the EPA and obtain individual certification training for their personnel under the RRP. Renovation contractors are also urged to become familiar and comply with the extensive requirements of the RRP for a safe and successful project, as well as to minimize project liabilities in the event things go wrong.

Presently renovation contracting firms must be certified with the EPA by October 1, 2010. Individuals must also be enrolled in certified training programs by September 30, 2010 with training to be completed by December 31, 2010 to avoid EPA enforcement penalties.

Authored by attorneys, these articles are meant to bring awareness to these topics and are not intended to be used as legal advice. For more information, contact Mike Sterling at 757-446-8626 or Bill Franczek at 757-446-8600.  Visit www .vanblk.com , for our library of Construction Law Tips.Suggestions for a topic? E-mail bfranczek@vanblk.com.