The impact of the Lead Paint Renovation, Repair and Painting Regulation on residential remodeling and related contractors is three-fold: training and certification for the contractor and employees, required work practices and required recordkeeping. First: the education requirement. The regulation requires that at least one person in the contractor’s firm be certified as a “certified renovator.” To achieve the certification, the employee must complete an 8-hour EPA approved certification class, two hours of which must be hands-on training. The certified employee or “certified renovator” then trains the other company employees. The “certified renovator” acts as a supervisor on the renovation jobs and ensures that the work performed conforms to the required work practices.
Which brings up the second requirement: the use of required work practices. Under the regulation, the contractor must distribute, before the job begins, the EPA pamphlet, “Renovate Right,” to the homeowners. The contractors must post warning signs outside of the work area, warning about the presence of lead paint and follow defined containment procedures to prevent the spread of lead paint dust. The regulation also prohibits certain work practices. The contractor cannot use open flame or torch burning to remove paint, heat guns that exceed 1100̊ F degrees, or high speed sanding or grinding, unless the sander or grinder has a HEPA exhaust control. The required work practices procedures apply to both interior and exterior renovations. At the end of the project, the “certified renovator” must supervise the explicit and detailed cleaning and waste removal requirements.
Finally, the third requirement: recordkeeping. Under the regulations, the contractor must maintain job related records for 3 years. Some records that contractors must maintain for 3 years include the homeowner’s signed receipt verifying that the homeowner received EPA’s booklet, documents that confirm that the contractor performed the project in accordance with the required work practices, the educational certifications of the “certified renovator” and the training records of other employees. Under certain circumstances, the contractor must show these records to the homeowner within 30 days of the job completion.
As always, the devil is in the details. Contractors should take care to keep the necessary records for the required period of time and do so meticulously. It is always easier to hand the EPA inspector the records requested, then to try to reconstruct the records, or worse yet, to explain to that inspector that the records were not kept at all. If there are no records or only incomplete records, it is difficult to prove that you performed your jobs in accordance with the regulations. Many times, no records, poorly kept records and incomplete records are an invitation to EPA inspectors to investigate further and possibly assess fines and penalties.