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Certification Required: How New Lead Paint Laws Impact Installers
The deadline for compliance with the EPA’s Renovation, Repair and Painting Rule is April 22, 2010. Uncertified companies are subject to a maximum penalty of $37,500 per day, per violation. (Credit: EPA Accredited Lead Based Paint Training)
"One gram of lead dust. That's not much paint. If you look at a window trough you can imagine how far that would go. And to make it even worse, a child playing in that home has about a one-in-seven chance of being lead poisoned.
"It's a standard that EPA has already acknowledged is not safe enough, so they're likely to reduce it so it's one gram over 100,000 square feet. That's on the order of about two-and-a-half football fields. So it doesn't take much lead to poison a child, and that's what we're worried about."
Neltner has worked with children who are victims of lead poisoning. The side effects include permanent brain damage, lower IQ levels, attention deficit disorder, and behavioral problems that can lend themselves to violent behavior later in life.
"It's like the lead interferes with the ability of the brain to say, ‘chill out,''' says Neltner. "It's almost like road rage for a six year old. But it goes on for the rest of their life, and it's all because of exposure between when they're younger than six, but mostly when they're a toddler. That's when there's the highest risk because that's when they're mopping the floor with their blanket or their stuffed animal and really getting some high exposures."
The Certification
There are two types of certification under the EPA's new rule. First, Neltner explains, the firm has to become certified by submitting a two-page application, paying a $300 fee, and complying with the guidelines. Second, the firm must have a certified renovator who has completed training.
"That's where a lot of people are working is to get these people trained, but it's only half the rule," he says. "The other half is getting to be a certified renovation firm."
EHX Spring will offer two CEDIA University lead paint training courses on Thursday, March 25. That's less than a month away from the deadline, and CE pros are encouraged to secure their spots for certification while it is still available.
Just last weekend alone, the National Center for Healthy Housing scheduled 50 additional training courses. Neltner estimates there will be a need for two or three thousand trainings over the next few months.
Not only does EHX offer certification, there is also an added bonus to taking the courses with fellow CE professionals.
"You're going to get a class that's tailored to you that you know you can go to and, more importantly, is going to be something that fits your interest," says Neltner. "There's going to be a lot of like-minded people. A lot of the training might be focused on renovators or window-replacement people, say. Well when you try to cover the universe with the rule, it makes it a little less productive than a course that's with the same people that are doing similar tasks. That allows the trainer to tailor it and make it a much more useful time for them."
Click here for more information about lead paint training.
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Article Topics
News · Business Resources · Events · EHX Spring · Ehx Spring 2010 · Lead Paint ·About the Author
10 Comments (displayed in order by date/time)
The EPA has a good reference called “Using Barriers to Contain Dust and other Pollutants” Here is the link from their site. http://www.epa.gov/iaq/homes/hip-barriers.html. Barriers should be used to contain the spread of dust and other pollutants from the work area to other parts of the home. A simple barrier consists of 6 mil poly sheeting taped over doors and other openings in the room. Poly sheeting should also be taped over any supply and return registers for the home’s heating, cooling, or ventilation system that are in the room to avoid spreading the pollutants or contaminating the ducts. Having blocked off registers, you should be sure to provide ventilation for the area. An exhaust fan, with provision for make-up air, complements this strategy well. For more information, see the discussion of ventilation containment strategies that create a pressure barrier to prevent the spread of pollutants. ZipWall’s new ZipPole system is a great system for only $169, half the price of the original ZipWall Barrier System. Click here to learn more: http://www.zipwall.com/lp/zippole.html
Jason is right about the financial impact and the “taxation” elements of the program. As an EPA Certified Renovator I can tell you with authority that there are all kinds of real problems with the policy and its enforcement. And no, the program requirements don’t remove lead from the home, but as long as the lead is not disturbed it isn’t likely to be inhaled or ingested which is when the problems start, and that is what the rule is intended to control. Consider this: if you don’t employ lead safe work practices, you also expose yourself and your client. But if you don’t scrub yourself and your equipment down before you go home, you expose your own family to the toxin. So what? Well you should know that no amount of lead is safe, and exposure is measured in Micrograms.
The links and information Mr. Williams shared, and the Zipwall system are terrific, but be aware that lead dust control and cleanup is much more specifc than just dust control, and the Zipwall system alone isn’t near enough.
Once again CE Pro has no clue what they are talking about. This has absoulutley nothing to do with us and our industry. Go on the epa website and learn to read before you publish such nonsence.
Actually it most certainly does apply. To oversimplify it: The proposed work surfaces to be disturbed in pre 1978 housing (or any pre 1978 housing or structure occupied or visited by children under 6), MUST be tested by a Certified Renovator or a “real” testing lab; ANYONE who receives compensation for an activity which disturbs more than the minimum prescribed area with a coating that tests positive for lead, MUST be a Certified Renovator, or MUST be trained by one, MUST have the setup, clean up, and breakdown of the containment area supervised and tested by a Certified Renovator; and MUST be a Certified Firm or employee of one. The regulation does not make a distinction between general contractors,sub contractors, carpenters, painters, plumbers, electricians, or any other variety of trade. Unless you are a direct employee of a certified firm, if you receive compensation from the work,and it affects a lead tainted surface, you or your firm have to be a Certified Firm and follow the protocols. That may sound redundant (and is ridiculous) but the interpretation comes directly from an EPA source. By the way the minimum disturbance aeas DO NOT apply to windows - the protocols ALWAYS apply to a window, regardless of size.
Ever drilled a hole in a window sill or frame for a contact? If it has lead paint on it the regulation applies.
As an update… the EPA says there are 236,000 contractors that need to be certified and only 135 companies entities (like CEDIA) offering the 8-hour training and certification. It will be impossible to train everyone by April 22. Buy you should expect a rush on the classes by contractors needing this training as the deadline approaches. So don’t wait.
Reminder that the training is being offered at EHX Spring.
Update: If you install only 3 pairs of in-ceiling speakers on a job (6 square feet) without the certification, you are subject to being fined.
Not necessarily Jason. If installing speakers can be construed to fall under minor repair and maintenance activities. Defined in the Rule as: “Interior work disturbing less than 6 square feet per room of painted surface is exempt from the work practices requirements in the Rule. Cleanup and cleaning verification are not required after minor repair and maintenance activities, unless they involve window replacement, demolition, or prohibited practices”. So its tricky: if the total area is less than 6sf, maybe its exempt; if each pair of speakers is in a different room, probably exempt; but if cutting holes in the ceiling for speakers could be classified as demolition, even one speaker could trigger the cleanup and cleaning verification requirement.
When was this law passed? I have been talking to people about installing windows for a couple of years now and this has never been mentioned to me before. I would have thought this would be a selling point to get a job done prior to April 22.
The law was passed when EPA issued the “Final Rule” April 22, 2008, pursuant to Section 402(c)(3) of the Toxic Substances Control Act.
This is a new tax on homeowners plain and simple. ‘
The contractors in Minnesota I have been talking to say this could cost in excess of $600-$800 per window or door opening.
With all the extra work they will have to do and the materials they will have to purchase.
It may take 3x as long to complete the installation than prior to this “rule”.
I don’t know why the government has to implement such draconian mandates when these rules do nothing to remove lead from the home!!!
Any lead that was there will still be there after the contractor drives away.