january 29, 2014 community development. overview of the epa renovation, repair and painting rule...

January 29, 2014

Community Development

Overview of the EPA Renovation, Repair and Painting Rule (RRP Rule)

as it relates to the HUD Lead Safe Housing Rule and

Renovations/Repairs

EPA Renovation, Repair and Painting Rule (RRP Rule)

Authorization

For a State to become authorized, it must be at least as protective as EPA

CT is not authorized to administeror enforce RRP rule

CT DPH Provides:Compliance assistance Education/outreach Awareness training

Who Must Follow the Lead Rule’s Requirements?

Examples:

Residential rental property owners

PaintersHome Improvement

ContractorsRenovators &

RemodelersCarpentersSchool Administrators

Daycare Owners/Operators

Finishing WorkersProperty ManagersMaintenance StaffElectricians and PlumbersWindow Replacement

FirmsAnd Many Others……

What Activities Are Subject to the RRP Rule?

Remodeling and repair/maintenance, electrical work, plumbing, carpentry, etc., (for payment) that disturbs:

> 6 square feet of interior painted surfaces (per room) during projects on housing and child occupied facilities built pre-1978

> 20 square feet of painted exterior surfaces during projects on housing and child occupied facilities built pre-1978

Any window replacement (also pre-1978)

ExclusionsHousing built after 1977Certified lead free housingLead abatement projectsFull demolitionsHousing for the elderly or disabled unless a

child under 6 resides or is expected to reside there.

Zero-bedroom dwellings (studio apts., dorms).Minor repair/maintenanceEmergency renovations

HUD’s Lead Safe Housing RuleHUD’s Lead Safe Housing Rule (LSHR) is

found in HUD’s regulations at 24 CFR Part 35, Subparts B through M

Generally applies to work performed in target housing units receiving:HUD housing assistanceRehabilitation assistanceAcquisition assistance

Under LSHR, the program participant (person accepting funding) becomes responsible for compliance with federal laws

HUD’s Lead Safe Housing Rule

Stages of the JobPlanning and Set-upDuring the JobEnd of Job

HUD’s Lead Safe Housing Rule

Planning and Set-upRenovators/renovation firms must be certifiedRenovators/renovation firms must complete

curriculum in lead safe work practicesRRP course is HUD-approved

All workers and supervisors must complete a HUD approved lead safe work practice course

Renovators must hand out “Protect Your Family from Lead in Your Home” brochureRenovators should hand out “Renovate Right”

brochure

Protect Your Family brochure

EPA Renovate Right brochure

HUD’s Lead Safe Housing Rule

During the JobHUD requires lead hazards be treated using interim

controls or ongoing lead-based paint maintenanceProhibited practices

EPA Prohibited PracticesOpen flame burning or torchingHeat guns above 1100 degrees F (in CT 700

degrees F)Machine removal without HEPA vacuum attachment

HUD Prohibited PracticesDry scraping or sanding farther than 1 foot of

electrical outletVolatile stripper in poorly ventilated space

** MUST FOLLOW ALL PROHIBITED PRACTICES **

HUD’s Lead Safe Housing RuleDuring the Job

Threshold minimum amount of interior paint disturbanceHUD has a lower “de minimus” than EPAHUD’s interior

Threshold is 2 square feet per room 10% of small components

HUD’s exteriorThreshold is 20 square feet for total

exterior10% of small components

HUD’s Lead Safe Housing RuleEnd of Job

HUD requires a clearance examinationMust be done by independent partyClearance examination includes a

Visual assessment at the end of the work for deteriorated paint, dust, debris, paint chips or other residue

Clearance dust wipe tests of interior floors, window sills and window wells

Independent party must a be a licensed lead inspector/risk assessorLicensed by the State of CT Department of

Public Health

When is a DPH Licensed/Certified Professional Required?

Sampling:Paint (XRF)Paint ChipsDustSoilWater

DPH Licensed Contractors/Consultants

Lead Abatement Consultant Contractor

Lead Abatement ContractorLead Consultant ContractorLead InspectorLead Risk AssessorLead Planner/Project Designer

How to Find a Lead Inspector/Risk Assessor

Paint Chip Sampling

Sample RRP Certificate

How to Find an RRP Certified Renovator

Checklist for Lead Safe Work Practices

When is Abatement Required?

When do the HUD/DPH Requirements Trigger Abatement?

DPHChild under the age of 6 in residence

Elevated Blood Lead Level (poisoned child)A licensed professional has tested and

identified defective lead-based paintA code enforcement official has identified

defective lead-based paintAdditional dwellings in same unit with

defective lead-based paint

HUDProjects costing more than $25,000When a contract specifies lead abatement

Sample DPH License

Checklist for Lead Abatement Projects

Question and Answer