Common renovation, repair and painting activities, including those involving sanding, sawing, grinding, scraping or demolishing lead-painted components can produce exposures to lead-containing dust and chips that can be harmful to adults and children. To protect against this exposure risk, the U.S. Environmental Protection Agency (EPA) issued the Renovation, Repair and Painting (RRP) Rule, 40 CFR 745, Subpart E, and it became effective on April 22, 2010.
The RRP Rule, which is currently in effect in all states that have not received EPA approval to administer their own lead-safe renovation programs, applies to renovation, repair and painting work conducted for a fee that disturbs more than de minimis amounts of lead paint in pre-1978 housing and child-occupied facilities. Under the RRP Rule, contractors who perform regulated work must receive certification from EPA, use job supervisors who have one day of lead safety training from EPA-approved trainers and follow specified lead-safe work practices.
On July 9, 2010, the Massachusetts Division of Occupational Safety (DOS) received EPA authorization to administer its own standards for renovation, repair and painting work in target housing and child-occupied facilities, in lieu of the RRP Rule being enforced by the EPA in Massachusetts. Consequently, contractors and other entities that were previously required to comply with the RRP Rule are now required to comply with the corresponding requirements of 454 CMR 22.00. Many of the renovation-related requirements of 454 CMR 22.00 are similar to, or the same as the corresponding requirements of the RRP Rule, although there are some differences.
Contractors who have been certified by EPA pursuant to 40 CFR 745.89 prior to July 9, 2010 must receive a "Contractor Licensing Waiver*" from DOS pursuant to 454 CMR 22.04(3) before engaging in the work and comply with all other requirements for the work, including those relating to the use of Certified Lead-Safe Renovator-Supervisors, compliance with work practices and recordkeeping. (Please note you will not be required to pay another licensing fee until your current EPA license expires, 5 years from issuance.)
IF YOU HAVE NOT YET TAKEN THE LEAD RRP COURSE TO BECOME A CERTIFIED LEAD SAFE RENOVATOR, YOU MUST DO SO TO BE COMPLIANT WITH THIS LAW.
One of the noteworthy changes is now in Massachusetts, pursuant to 454 CMR 22.11(4)(c), the Lead-Safe Renovator-Supervisor must be onsite and in control of the work at all times when work is in progress. This means that if you have more that one job going on at a time in the target housing covered by this rule you will need to have more than one certified Lead RRP renovator on your payroll. For other changes, visit www.mass.gov/dos.
Click here for information on or to register for the Lead RRP Courses on Cape Cod in September.
*Download the above referenced "Contractor Licensing Waiver" for those who previously passed the EPA approved Lead RRP course.
Questions? Call Suzie Roettig at the Home Builders & Remodelers Association of Cape Cod at 508-398-3900 or email: suzie@capecodbuilders.org.