The United States Environmental Protection Agency Renovation, Repair, and Painting Law

As of April 22, 2010, there is a new law concerning lead paint in residential properties.  This page will attempt to give you an idea of what this law means to you.  Note that we are not lawyers (and don't play one on TV).  What follows is a result of the huge amount of reading (including actually reading the ruling and the voluminous preamble, something many others commenting on this legislation have yet to do) we have done on this topic as well as the information presented in the training programs that we have taken (as required by the law).  For detailed information, please see the US EPA site regarding the RRP law.

Update (July 9, 2010) for Massachusetts

As of July 9, 2010, the state of Massachusetts is taking over administration and enforcement of the lead paint issue.  The state has its own statute (454 CMR 22).  Information has been poorly disseminated, but we believe the state regulations are very similar to the federal regulations.  Anyone who is already registered and trained for the federal program will not have to get further training nor will they have to pay any additional fee (if you waited, you'll have to pay a higher fee to the state now).  You do have to fill out a form to get an official waiver, though.

We will be updating this page as we go over the state regulation to make any necessary changes to our comments here.

For more information, see http://www.mass.gov/dos.

What problem is this law trying to address?

This law attempts to eliminate lead dust in homes due to renovations.  In particular, it is trying to protect small children from the effects of an elevated blood lead level.  Depending on the project, containment, clean up, and verification may have to be done inside the home, outside the home, or in both places.

Note that it is NOT an attempt to address all the lead used in construction.  It does not pertain to lead pipes, lead in solder, lead in ceramic tiles, lead flashing, or any other building material other than paint.

We won't go into all the details about why ingesting lead is bad.  There are many resources on the WWW that can do a more thorough job of describing the effects of ingesting lead than we can.

What specific homeowners need to be concerned?

The law applies to any residential building built before January 1, 1978 (lead paint was outlawed as of this date, so the assumption is that any home built on or after this date should not have any lead paint).  There are a few exceptions, but, in general, if your home was built before 1978, the law applies to it.

The law also applies to non-residential buildings that are "child-occupied."  This means buildings that contain child care facilities, etc.

Most projects that include painted components are included.  So, removing a kitchen sink and countertop does not require following the EPA rule (unless, of course, any part was painted), but removing the painted cabinets along with the sink and counter would require following the rules.  Demolition and window replacement, among other projects are specifically mentioned in the law as being included.

How is this going to affect home improvement projects that I perform myself?

Any work done by the homeowner is not covered under the law.  That is, you can handle these projects exactly as you always have.  Note that the state of Massachusetts may have other laws that would apply to projects performed by the homeowner.

If you are a landlord doing work on a rental property or have a tenant doing work in exchange for a reduction in rent, this new law applies (both cases are considered "for compensation").  That is, you must be registered and certain parts of the project must be done by or supervised by a Certified Lead-Safe Renovator.  Note that just because the landlord occupies the property does not mean that they are considered a homeowner and, therefore, can ignore the rules.

How is this going to affect home improvement projects that I hire someone to perform?

Choosing a contractor

In a nut shell, anyone performing work on a pre-1978 home must be registered with the Environmental Protection Agency (Around the House has certification #NAT-20648-0).  In addition, certain parts of the job must be done by of supervised by an EPA Certified Renovator (both Wayne and Maryann are EPA Certified Renovators).  If your contractor has not registered with the EPA and does not have staff that have completed the training to become a Certified Renovator, they are in violation of the law.  In Massachusetts, a contractor must be certified by the state or have a waiver from the state that says they do not have to be certified because they previously were EPA certified (Around the House has waiver #LW000002).

If your contractor is certified, he/she will be able to show you a certificate from the EPA or, in Massachusetts, a certificate from the Department of Occupational Services.  Although many contractors claim to be waiting for the government to return their certificate (the check's in the mail excuse), in Massachusetts, they are not allowed to do any work without the certificate (or waiver).  The EPA has said that they will not fine anyone for not being certified, but the contractor must still follow all the RRP rules.

If you would like to find a contractor who is certified in Massachusetts, go to:

http://www.mass.gov/Elwd/docs/dos/lead_asbestos/lead/la-rpt_list_lr.pdf

If you live in a state that is relying on the EPA to administer the rule, go to:

http://cfpub.epa.gov/flpp/searchrrp_firm.htm

But my plumber or electrician doesn't need to follow this rule, right?  Only general contractors?

No.  All specialty trades also need to be registered and trained exactly as the general contractor.  This includes plumbers, electricians, painters, flooring trades, drywallers, even roofers.  Anyone who touches painted surfaces in the identified buildings needs to be registered and trained.  Just the determination that your project falls under the "maintenance" clause of the ruling must be done by a Certified Renovator.

Is there anything new before the work gets started?

The short answer is "no."

The more accurate answer is that you will have to be given a booklet ("Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools") written by the EPA that will help teach you about the hazards of lead paint.  This has been the law since December of 2008, though few contractors have been doing it.  Around the House has been distributing these booklets.

Can I enter the area being worked on?

No.  Your contractor will seal off the area and put up signs warning you not to enter the area.  Since everything leaving the area must be cleaned according to the EPA RRP rules, you are not authorized to enter the area until the contractor cleans the area and removes the plastic sealing the entrance to the room.

What if I hire someone who is not certified?

Why would you want to do this?  You may be exposing your family to a greater lead hazard.  More importantly, you are hiring someone who has specifically decided to ignore current law with respect to lead paint.  Isn't it likely that they will also ignore laws regarding building codes, the installation guidelines from materials manufacturers, and the contract you signed with them, among other things?  Don't you want a contractor who wants to do the job properly and legally and will be in a position to stand behind his/her work, if necessary?

The shorter answer is to consult your lawyer.

How will it change the work being done?

There isn't enough space to go into the specifics of the law.  The rules require specific actions that address these areas:

• Education
• Containment
• Cleaning
• Verification - to make sure there is no dust left behind

You will need to be aware that these rules will add some cost to work done on your home.  It will also likely make these projects take more time.  You will no longer be permitted to enter the work area until cleaning and verification has been completed.

But my home doesn't have any lead paint!

If you can prove it with a certificate that shows that your home has been tested by a Licensed Lead Paint Inspector, the law would not apply to your home.  Otherwise, in Massachusetts, we are required to assume that any painted surface could, possibly, be lead paint.

The EPA has identified test kits that a Certified Renovator can use to test the specific surfaces that will be worked on in your project.  It has not been clarified whether the laws in Massachusetts will allow us to use them.  Lead paint testing in this state was previously required to be done by a Licensed Lead Paint Inspector and a report filed with the Commonwealth.

Does my pre-1978 home have to be tested for lead paint?

No.  If a contractor does not test for lead paint, he/she must assume that lead paint is present in a house built before 1978.  In Massachusetts, it has not been clarified whether we are legally allowed to test for lead paint.  If you want your house tested (perhaps not a bad idea if you know that there is no lead paint present), we (or you) would have to hire a licensed lead tester to come in prior to any work being done.

How can I reduce the costs/time?

There are a number of things that you can do:

• Make it easier to set up containment and cleanup
  If you can remove all objects in a room, it will take us less time to set up dust containment and less time to perform the cleaning and verification at the end of the project.
• Find out if there is lead paint present
  Unfortunately, in the state of Massachusetts, this likely means hiring a Licensed Lead Paint Inspector to test for lead and record lead hazards.  It may be worth it if you believe that you have no lead paint in your home since your home could then be treated the same as post-1978 homes.  In addition, Massachusetts requires all lead paint to be removed from homes where any children under six live, so it may be required by the law anyway.
• Do your own demolition
  If we will not be dealing with any painted surfaces to do our work, the law does not apply.  Note: if your project requires a building permit, you will need to get the permit yourself prior to starting demolition.

I've heard about an opt-out clause.  Can I sign something that says it's OK not to follow the rule?

The opt-out provision was removed.  All work performed after July 6, 2010 must follow RRP regulations.

I'm a tenant, how does this affect me?

If you pay a landlord rent in a building built prior to 1978, he/she must either be a certified firm and have appropriate work on the property you rent supervised by a trained Certified Renovator or he/she must hire contractors who are.

A landlord cannot plead ignorance of the law nor can he/she claim to be exempt if he/she occupies the property, too.

Does this mean that I am doing lead abatement on every project done to my home?

No.  This law is not considered lead abatement at all.  We are not a Licensed De-leader.  If you want to make sure your home is free of lead, you will need to hire a Licensed Lead Paint Inspector to create a hazard report and then hire a Licensed De-leader to handle the removal of all the hazards.

It's an inside job and I won't tell anyone.  Can't you cut me a break?

We're sorry, but we treat this issue the same as when people ask us to do a job that requires a building permit without getting the permit.  We cannot take the risk of violating any laws that pertain to our industry in order to save you a few dollars.

How can I report a violation of the EPA RRP law?

In Massachusetts, see http://www.mass.gov/dos for contact information.

For other areas of the country, call (800) 424-5323.

Why don't television shows follow these rules?

The short answer is that they should if the work is being done in the United States.  However, you must realize that the law applies to when the work was done, not when the show was broadcast.  Many shows have a very long lead time.