Compliance Guide to Renovate Right
Who must follow the 2008 Lead Rule?s Requirements?
In general, anyone who is
paid to perform work that disturbs paint in housing and child-occupied
facilities built before 1978, this may include, but is not limited to:
- Residential rental property
- General contractors
- Special trade contractors,
What Activities Are Subject to the Lead Renovation, Repair and Painting Program?
In general, any activity that disturbs paint in pre-1978 housing and child-occupied
- Remodeling and repair/maintenance
- Electrical work
- Window replacement
What Housing or Activities Are Excluded and Not Subject to the Rule?
- Housing built in 1978 or later.
- Housing for elderly or disabled persons, unless children
under 6 reside or are expected to reside there.
- Zero-bedroom dwellings
(studio apartments, dormitories, etc.).
- Housing or components declared
lead-free by a certified inspector or risk assessor.
- Minor repair
and maintenance activities that disturb 6 square feet or less of paint
per room inside, or 20 square feet or less on the exterior of a home
* Note: minor repair and maintenance activities do not
include window replacement and projects involving demolition or prohibited
What Does the Program Require Me To Do? Pre-renovation
education requirements (Effective now)
In housing, you must:
- Distribute EPA?s lead pamphlet to the owner and occupants before renovation starts.
- In a child-occupied facility, you must:
- Distribute the lead pamphlet to the owner of the building or an adult representative of
the child-occupied facility before the renovation starts.
- For work in common areas of multi-family housing or child-occupied facilities, you must:
- Distribute renovation notices to tenants or parents/guardians of the children attending the
child-occupied facility. Or you must post informational signs about
the renovation or repair job.
- Informational signs must:
- Be posted where
they will be seen;
- Describe the
nature, locations, and dates of the renovation; and
- Be accompanied
by the lead pamphlet or by information on how parents and guardians
can get a free copy (see page 31 for information on obtaining copies).
- Obtain confirmation
of receipt of the lead pamphlet (see page 23) from the owner, adult
representative, or occupants (as applicable), or a certificate of mailing
from the post office.
- Retain records
for three years.
Pre-renovation education requirements do not apply to emergency renovations.
Emergency renovations include interim controls performed in response
to a resident child with an elevated blood-lead level.
Training, Certification, and Work
Practice Requirements Effective after April 22, 2010.
- Firms must be
- Renovators must
Lead-safe work practices
must be followed. Examples of these practices include:
- Work-area containment
to prevent dust and debris from leaving the work area.
- Prohibition of
certain work practices like open-flame burning and the use of power
tools without HEPA exhaust control.
- Thorough clean
up followed by a verification procedure to minimize exposure to lead-based
The training, certification,
and work practice requirements do not apply where the firm obtained
a signed statement from the owner that all of the following are met:
- The renovation
will occur in the owner?s residence;
- No child under
age 6 resides there;
- No woman who
is pregnant resides there;
- The housing is
not a child-occupied facility; and
The owner acknowledges that the renovation
firm will not be required to use the work practices contained in the
When Do These Requirements Become
Fully Applicable to Me?
- April 2009:
Training providers may begin applying
Once training providers are accredited,
they may offer training courses that will allow renovators to become
- October 2009 - Renovation firms may
begin applying to EPA for certification.
- April 2010 - Program fully effective.
Work practices must be followed.
How Will a Firm Become Certified?
Beginning in October 2009,
firms may apply to EPA for certification to perform renovations or dust
sampling. To apply, a firm must submit to EPA a completed ?Application
for Firms,? signed by an authorized agent of the firm, and pay the
correct amount of fees. To obtain a copy of the ?Application for Firms?
contact the NLIC at 1-800-424-LEAD (5323) or visit www.epa.gov/lead/pubs/renovation.htm
What Are the Responsibilities of a
Firms performing renovations
must ensure that:
1. All individuals performing
activities that disturb painted surfaces on behalf of the firm are either
certified renovators or have been trained by a certified renovator.
2. A certified renovator
is assigned to each renovation and performs all of the certified renovator
3. All renovations performed
by the firm are performed in accordance with the work practice standards
of the Lead-Based Paint Renovation, Repair, and Painting Program (see
the flowchart on page 9 for details about the work practice standards).
4. Pre-renovation education
requirements of the Lead-Based Paint Renovation, Repair, and Painting
Program are performed.
5. The program?s recordkeeping
requirements are met.
How Will a Renovator Become Certified?
To become a certified renovator
an individual must successfully complete an eight-hour initial renovator
training course offered by an accredited training provider (training
providers are accredited by EPA, or by an authorized state or tribal
program). The course completion certificate serves as proof of certification.
Training providers can apply for accreditation for renovator and dust
sampling technician training beginning in April 2009. Once accredited,
trainers can begin to provide certification training.
Are There Streamlined Requirements
for Contractors with Previous Lead Training?
Yes. Individuals who have
successfully completed an accredited lead abatement worker or supervisor
course, or individuals who have successfully completed an EPA, Department
of Housing and Urban Development (HUD), or EPA/HUD model renovation
training course, need only take a four-hour refresher renovator training
course instead of the eight-hour initial renovator training course to
What Are the Responsibilities of a
Certified renovators are
responsible for ensuring overall compliance with the Lead-Based Paint
Renovation, Repair, and Painting Program?s requirements for lead-safe
work practices at renovations they are assigned. A certified renovator
(see the flowchart on page 9 for details about the work practice standards):
1. Must use a test kit
acceptable to EPA, when requested by the party contracting for renovation
services, to determine whether components to be affected by the renovation
contain lead-based paint (EPA will announce which test kits are acceptable
prior to April 2010. Please check our Web site at www.epa.gov/ lead).
2. Must provide on-the-job
training to workers on the work practices they will be using in performing
their assigned tasks.
3. Must be physically
present at the work site when warning signs are posted, while the work-area
containment is being established, and while the work-area cleaning is
4. Must regularly direct
work being performed by other individuals to ensure that the work practices
are being followed, including maintaining the integrity of the containment
barriers and ensuring that dust or debris does not spread beyond the
5. Must be available,
either on-site or by telephone, at all times renovations are being conducted.
7. Must have with them
at the work site copies of their initial course completion certificate
and their most recent refresher course completion certificate.
How Long Will Firm and Renovator Certifications
To maintain their certification,
renovators and firms must be re-certified by EPA every five years. A
firm must submit to EPA a completed Application for Firms, signed
by an authorized agent of the firm, and pay the correct amount of fees.
Renovators must successfully complete a refresher training course provided
by an accredited training provider.
What Are the Recordkeeping Requirements?
- All documents
must be retained for three years following the completion of a renovation.
- Records that must be retained include:
- Reports certifying
that lead-based paint is not present.
- Records relating
to the distribution of the lead pamphlet.
- Any signed and
dated statements received from owner-occupants documenting that the
requirements do not apply (i.e., there is no child under age 6 or no
pregnant woman who resides at the home, and it is not a child-occupied
of compliance with the requirements of the Lead-Based Paint Renovation,
Repair, and Painting Program (EPA has prepared a sample form that is
available at www.epa.gov/lead/pubs/samplechecklist.pdf).
What Are the Required Work Practices?
The flow charts on the following
pages will help determine if your project is subject to the Lead-Based
Paint Renovation, Repair and Painting Program's requirements and,
if so, the specific requirements for your particular project. The flowcharts,
and other information included in this guide, are not intended to be
a replacement for official training.
Work Practice Requirements
(A) Renovations must
be performed by certified firms using certified renovators.
(B) Firms must post
signs clearly defining the work area and warning occupants and other
persons not involved in renovation activities to remain outside of the
work area. These signs should be in the language of the occupants.
(C) Prior to the renovation,
the firm must contain the work area so that no dust or debris leaves
the work area while the renovation is being performed.
(D) Work practices listed
below are prohibited during a renovation:
- Open-flame burning
or torching of lead-based paint;
- Use of machines that
remove lead-based paint through high speed operation such as sanding,
grinding, power planing, needle gun, abrasive blasting, or sandblasting,
unless such machines are used with HEPA exhaust control; and
- Operating a heat
gun on lead-based paint at temperatures of 1100 degrees Fahrenheit or
(E) Waste from renovations:
- Waste from renovation
activities must be contained to prevent releases of dust and debris
before the waste is removed from the work area for storage or disposal.
- At the conclusion
of each work day and at the conclusion of the renovation, waste that
has been collected from renovation activities must be stored to prevent
access to and the release of dust and debris.
- Waste transported
from renovation activities must be contained to prevent release of dust
How Is My Compliance Determined,
and What Happens if the Agency Discovers a Violation?
To maximize compliance,
EPA implements a balanced program of compliance assistance, compliance
incentives, and traditional law enforcement. EPA knows that small businesses
that must comply with complicated new statutes or rules often want to
do the right thing, but may lack the requisite knowledge, resources,
or skills. Compliance assistance information and technical advice helps
small businesses to understand and meet their environmental obligations.
Compliance incentives, such as EPA?s Small Business Policy, apply
to businesses with 100 or fewer employees and encourage persons to voluntarily
discover, disclose, and correct violations before they are identified
by the government (more information about EPA?s Small Business Policy
is available at www.epa.gov/compliance/incentives/smallbusiness/index.html).
EPA?s enforcement program is aimed at protecting the public by targeting
persons or entities who neither comply nor cooperate to address their
EPA uses a variety of methods
to determine whether businesses are complying, including inspecting
work sites, reviewing records and reports, and responding to citizen
tips and complaints. Under TSCA, EPA (or a state, if this program has
been delegated to it) may file an enforcement action against violators
seeking penalties of up to $32,500 per violation, per day. The proposed
penalty in a given case will depend on many factors, including the number,
length, and severity of the violations, the economic benefit obtained
by the violator, and its ability to pay. EPA has policies in place to
ensure penalties are calculated fairly. These policies are available
to the public. In addition, any company charged with a violation has
the right to contest EPA?s allegations and proposed penalty before
an impartial judge or jury.
EPA encourages small businesses
to work with the Agency to discover, disclose, and correct violations.
The Agency has developed self-disclosure, small business, and small
community policies to modify penalties for small and large entities
that cooperate with EPA to address compliance problems. In addition,
EPA has established compliance assistance centers to serve over one
million small businesses (see Construction Industry Compliance Assistance
Center for information regarding this rule at www.cicacenter.org). For
more information on compliance assistance and other EPA programs for
small businesses, please contact EPA?s Small Business Ombudsman at