This is the third installment in our blog series about lead issues in remodeling.  Previously, we alerted you to the new regulations from the Environmental Protection Agency (EPA) and discussed why lead is a problem.

As of last Thursday (April 22, 2010), we have a new, enforceable law in the United States.  The regulatory journey to this point has taken a couple of decades of work by EPA and Congress, as well as various administrations, the Housing and Urban Development department (HUD) and the Office of Management and Budget (OMB).  Originally slated for a 1996 adoption, the 2010 law seeks to address what EPA feels is an unacceptable incidence of lead-related health issues in the US by limiting exposure during remodeling of older homes.

The new law, called the Renovation, Repair & Painting Rule (RRP), is aimed at remodeling contractors and subcontractors who work in pre-1978 homes, and requires that several conditions be met by those companies.  The law does not currently affect homeowners working on their own homes, though it is recommended that the same work practices be followed.  Language in the original regulation known as the “opt-out”  provision, which would have allowed a homeowner to let remodeling proceed without the dust-control practices, has been removed from the law.  This simply means that, where lead paint and dust are present, the occupants and workers must be protected.

Among the other requirements of this law are:

·       Contractors must provide (pre-1978) homeowners with a pamphlet from the EPA called “Renovate Right.”  The booklet describes the problem and practices.  We have been providing this pamphlet to our clients since it became available.  If you’d like a free copy, just send us an email request.

·       Whether actual lead testing is done is up to the homeowner and contractor.  This type of testing can be expensive and destructive.  EPA is perfectly happy to let us assume the presence of lead in pre-1978 housing and proceed with safe work practices under that assumption.  We will make that decision on a project by project basis.

·       If lead is present or presumed, any work that affects an interior area of six square feet or more, or an exterior area of 20 square feet or more, or any window replacement, must occur in a protected area.  The work area is to be covered in plastic film, have a flap-style entry, be posted as a hazardous area, be accessed only by workers wearing protective suits and masks, be inaccessible to homeowners until cleaned, be isolated from the heating/ventilating system of the home and have a pathway to the outside that also contains the dust.

·       During work (primarily the demolition phase) sanding, scraping and heating of lead-painted surfaces must either not be done, or include dust collection by use of a High Efficiency Particulate Air (HEPA) vacuum, which captures over 99% of particles that are 0.3 microns or smaller.  Demolition of large areas should include water-misting of surfaces to trap and precipitate dust.

·       Cleanup is accomplished using specified containment techniques like HEPA-vacuuming and double-tying garbage bags, complete vacuuming of the work area from farthest-in out to the access point and scrubbing of hard-surface areas, careful wrap-up and disposal of all the poly-film used to protect the area, and checking for clean using a verification color chart provided by EPA.  Our primary containment, cleanup and testing is done following demolition, with additional containment and final cleaning being done and certified before we consider the project complete.

Other requirements of the new law mandate that a Certified Renovator manage the project (both Todd and Eric are CRs), the Renovation firm be certified by EPA (FSB is Certification # NAT-21372-0), workers be either trained or certified, specific job-related records be maintained for three years and re-certification take place every five years.  EPA is ramping up its enforcement division and has instituted stiff penalties for non-compliant companies including fines of up to $37,500.

This is a very brief overview, and there’s more to the regulation than we have room for here.  In upcoming blogs, we’ll try to flesh out more of the details for you, and further explain some of the implications for homeowners.  Stay tuned!