EPA Lead Paint Rule & the Owner Operator

Who Must Follow the EPA 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 owners/managers – General contractors
• Special trade contractors, including 
• Painters 
• Plumbers 
• Carpenters 
• Electricians

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 facilities, including:

• Remodeling and repair/maintenance
• Electrical work
• Plumbing
• Painting
• Carpentry
• 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 or building.

Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.

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

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.

Note: 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 certified.

Renovators must be trained.

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 paint hazards.

The information contained in this blog is published by the Environmental Protection Agency (EPA) as the official compliance guide for small entities, as required by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

New EPA Lead Renovation, Repair & Painting Rule

A Federal regulation called the Renovation, Repair, and Painting Rule (RRP) will go into effect on April 22, 2010. It requires renovation and painting contractors and other trades who work in pre-1978 housing and who might disturb painted surfaces to become Lead Certified Renovators. The Renovation, Repair, and Painting rule requires that renovators are trained in the use of lead safe work practices, that renovators and firms be certified, that providers of renovation training be accredited, and that renovators follow specific work practice standards.


FAQ's concerning Lead & RRP Rule (Information provided by EPA)

What is Lead?
Lead is a toxic metal that was used for many years in products found in and around our homes. Lead also can be emitted into the air from motor vehicles and industrial sources, and lead can enter drinking water from plumbing materials. Lead-based paint is present in many homes built before 1978. The federal government banned the use of lead-based paint in housing in 1978. Lead is known to cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. Children six years old and under are most at risk from exposure lead-based paint because they crawl on the floor and they put their hands and other items which can have lead-based paint dust on them into their mouths. Because their bodies are still growing, children tend to absorb more lead than adults. From: www.epa.gov/lead.

Where is Lead found?
In general, the older your home, the more likely it has lead-based paint.
Many homes built before 1978 have lead-based paint. The federal government banned lead-based paint from housing in 1978. Some states stopped its use even earlier.
In soil around a home. Soil can pick up lead from exterior paint, or other sources such as past use of leaded gas in cars, and children playing in yards can ingest or inhale lead dust.
In household dust. Dust can pick up lead from deteriorating lead-based paint or from soil tracked into a home.
Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell or taste lead, and boiling your water will not get rid of lead.
If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes.
Old painted toys and furniture.
Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. Food can become contaminated because lead can leach in from these containers.
Lead smelters or other industries that release lead into the air.
Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture.
Folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach.


What are some of the Health Effects of Lead Poisoning?
If not detected early, children with high levels of lead in their bodies can suffer from:
Damage to the brain and nervous system
Behavior and learning problems, such as hyperactivity
Slowed growth
Hearing problems
Headaches
Lead is also harmful to adults. Adults can suffer from:
Reproductive problems (in both men and women)
High blood pressure and hypertension
Nerve disorders
Memory and concentration problems
Muscle and joint pain
http://www.epa.gov/lead/pubs/leadinfo.htm#health


What is the most significant source of childhood lead exposure in a residence?
The scientific literature suggests that nationally lead-contaminated paint dust is the most significant source of childhood lead exposure. Lead dust comes from deteriorating lead-based paint and lead-contaminated soil that gets tracked into your home. This dust may accumulate to unsafe levels. Common renovation activities like sanding, cutting, and demolition can also create hazardous lead dust. People, especially children, can swallow lead dust as they eat, play, and do other normal hand-to-mouth activities.

How do I know if my house has lead-based paint?
Older homes, child care facilities, and schools are more likely to contain lead-based paint. Homes that contain lead-based paint may be single-family homes or apartments. They may be private, government-assisted, or public housing. They may be urban, suburban, or rural.





You have the following options: You may decide to assume your home contains lead. Especially in older homes and buildings, this is the simplest and safest approach. For example, 87% of homes built before 1940 have some lead-based paint, while 24% of homes built between 1960 and 1978 have some lead-based paint. You may also test for lead using a lead test kit. Test kits should be recognized by EPA (see http://www.epa.gov/lead/pubs/kits.htm) and are available at hardware stores. They include detailed instructions for their use. You can hire a certified professional to check for lead-based paint. These professionals are certified risk assessors or inspectors, and can determine if your home has lead or lead hazards.

• A certified inspector or risk assessor can conduct an inspection to determine whether your home or a portion of your home, has lead-based paint and where it is located. This will tell you the areas in your home where lead-safe work practices should be used for renovation, repair, or painting jobs.


• A certified risk assessor can conduct a risk assessment telling you if your home currently has any lead hazards from lead in paint, dust, or soil. The risk assessor can also tell you what actions to take to address any hazards.


• For help finding a certified risk assessor or inspector, call the National Lead Information Center at 1-800-424-LEAD (5323).
  

What information can I get about lead-based paint in a home before I buy or rent it?
Many houses and apartments built before 1978 have some lead-based paint. Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. Federal law requires that individuals receive certain information before renting or buying pre-1978 housing. Sellers and landlords must: -

• Disclose information on known lead-based paint and lead-based paint hazards in the housing being sold or rented;


• Provide buyers and renters with any available records or reports pertaining to lead-based paint or lead-based paint hazards in the housing; and


• Provide buyers and renters with a copy of the pamphlet entitled Protect Your Family from Lead in Your Home. Click Link for Pamphlet. http://www.epa.gov/lead/pubs/leadpdfe.pdf In addition, sellers must give potential buyers an opportunity to check the home for lead-based paint or lead-based paint hazards. To learn more about the lead disclosure rule (Section 1018) visit http://www.epa.gov/lead/pubs/leadbase.htm
  

How does a firm or renovator document or confirm the age of the structure? Is a signed statement by the occupant sufficient? Can publicly available information such as tax records, etc. be sufficient?

The property owner is likely to be a good source of information on the age of a home or other building. However, under the final Renovation, Repair and Painting rule, renovation firms are responsible for making this determination-they may not rely on the statement of the property owner as to the construction date of the building if there is evidence to the contrary. If in doubt, renovation firms can use tax assessments, property records, and similar information to determine the date of construction. Finally, the renovation firm may always assume that a home or child-occupied facility was constructed before 1978.

How can I find a trained renovator to do work in my home?
After April 22, 2010, all renovators will be required to be trained in lead-safe renovation work practices. Contact the National Lead Information Center at 1-800-424-LEAD for a list of contractors in your area.

ServiceMaster Anytime is an EPA Lead Safe Certified Firm.

20 Questions- A Water Damage & You!

Experiencing a water loss isn’t something that most people practice and drill about. In fact, most people just hope that it will never happen to them. So what if it does? How will you know what you should tell the restoration professional when you call? Hmm… Here are 20 things the Restoration Professional should ASK YOU, if they don’t, you need to tell them this information. Clip this handy list and post in by your phone…just in case!

20 Questions when you need to report a water damage(We start with the no brainers and basics)
1) Your name?
2) The address where the loss has occurred, best phone number to reach you at now, home number and cell number?
3) When did the water damage occur? (Day and time)
4) What was the cause of the water damage? (water heater, tub, toilet, etc)
5) Is there standing water in the structure?
6) Is the water from a clean source or contaminated source?
7) Has the water flow been turned off?
8) If a plumbing problem occurred, when will the repair person(s) be starting their work?
9) Was the home built before 1978? (relates to 2010 EPA Lead regulations)
10) Which rooms or areas of the home were affected?
11) How much furniture is located on the wet flooring?
12) What type of flooring is there? (If carpeting, there may be a wood subfloor)
13) Is there sanitary water on site?
14) Is there electricity on site and has it been turned off in the affected areas?
15) Is there a functioning heating system? (can aid in drying process when used by a professional)
16) Are there any other special concerns? (This is content and people question) Antique books, Art work, Health issues of residents, etc)
17) Is the caller legally able to authorize the work to be performed, if not who is and will they be present at the site when we arrive? ( A work authorization will need to be signed before work is begun)
18) Do you have insurance, if so what is the name of the insurance company?
19) What is the name of your insurance agent?
20) How did you hear about our company?
For more information visit us at ServiceMaster Anytime http://www.svma.com/ or call 805-963-1365

Next.... New 2010 EPA Regulations concerning Lead Paint