LEAD PAINT? WHAT ARE YOU TALKING ABOUT? I DON'T EVEN DO PAINTING!
ANOTHER LAW? WHERE DID THIS COME FROM?
WHY SHOULD I CARE ABOUT COMPLYING?
I CAN SEE THIS IS SERIOUS. SO TELL ME HOW I COMPLY WITH THIS.
WHAT IF THE GOVERNMENT OR THE CUSTOMER SAYS I NEVER COMPLIED?
WHAT IF WE CAN'T GET THE ACKNOWLEDGMENT SIGNED?
WHAT IF THE JOB CHANGES OR GETS DELAYED, OR WE UPSELL THE CUSTOMER LATER ON?
WHAT DOES RRP MEAN FOR ME?
WHAT ARE LEAD-SAFE WORK PRACTICES?
HOW DOES MY FIRM BECOME CERTIFIED?
WHAT IS A CERTIFIED RENOVATOR?
WHAT DOES A CERTIFIED RENOVATOR ACTUALLY DO?
SO WHAT DO I NEED TO DO UNDER RRP?
HOW AM I SUPPOSED TO DO ALL THIS?
If you are working on a painted surface, or removing or improving any painted surface, you need to understand the law and the potential impact it has on you – how to comply and how to keep yourself safe.
The law applies to general and specialty contractors, home improvement contractors, design-build firms, carpenters, painters, drywall workers, window installers, etc. If you are handling or working with any painted surfaces, even if you are just taking down a painted door and hauling it away, the law is going to impact you and your job.
In 1976, Congress enacted the Toxic Substances Control Act (“TSCA”) to help the Environmental Protection Agency (“EPA”) control any of the substances that were determined to cause an unreasonable risk to public health or the environment. Today, TSCA contains both the Pre-Renovation Lead Information Rule ("PLIR”) and the Lead Renovation, Repair and Painting Rule (“RRP”).
Because if you get hit for violating TSCA, you could lose your business. Really. Violations are punishable by a civil penalty of up to $37,500 per day for each violation. Knowing or willful violations can lead to the imposition of criminal fines and imprisonment for up to 1 year for each violation. Moreover, many states have their own version of PLIR and/or RRP, so a violation means you are also violating that state’s own environmental law governing lead paint. TSCA is enforced by the EPA, with the assistance of the Department of Justice, and their joint enforcement oversight is increasing every year.
Your residential customer needs to be given a pamphlet titled, "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools." Specifically, the pamphlet has to be given to the owner (and any tenant) of the housing where the work is being done. This pamphlet is written by the EPA, and can be obtained in bulk from Kachina Lead Paint Solutions in a variety of styles, languages, and bearing your company name and logo, as well as one of our stock logos. Please click here . . . .
And, you should make sure you have ordered from us a version of the pamphlet in Spanish to use for those customer’s who may speak primarily Spanish.
WHEN IS THE PAMPHLET REQUIRED?
The pamphlet is generally required for any “renovation” to housing constructed prior to 1978. After 1977, the use of lead paint was banned, so the EPA is not concerned about homes built in 1978 or later.
The term “renovation” basically means any work being done to painted surfaces. For example, this would include - but is not limited to – the following:
IS THERE ANY JOB WHERE THE PAMPHLET IS NOT REQUIRED?
Yes. After 1977, the use of lead paint was banned, so the EPA is not concerned about homes built in 1978 or later. Of course, trying to determine if a house was built after 1977 can be difficult, and we don’t generally suggest trying to rely on this exemption.
There are also three additional, but somewhat technical, exemptions to the pamphlet distribution requirement:
You have to be able to prove you delivered the pamphlet, and that the customer actually received it. You should keep records in your files for at least six (6) years to prove this because if you can’t prove you complied with PLIR, then you have not complied with PLIR.
Kachina Lead Paint Solutions has specially designed acknowledgments built into its customized “Renovate Right” pamphlets to allow your sales representative a quick and easy way in which to obtain proof of delivery at time of sale to the customer. Please click here . . . .
When a customer is unavailable for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the contractor is permitted to self-certify delivery. Kachina Lead Paint Solutions has specially designed a contractor-certification form that complies with PLIR and can be used by your sales representatives after the fact if they have been unable to obtain a signature to prove the pamphlet was received by the customer. Please click here . . . .
You can also mail one of our pamphlets to the customer, so long as you do so at least seven (7) days prior to the start of the work. However, a receipt or proof of mailing must be obtained and should be kept in your files for at least six (6) years, so we suggest using certified mail, return receipt required.
However, there are two problems with mail delivery. First, it can become expensive. Second, if the consumer is not at home or refuses to accept delivery, you have an obvious problem because you won’t be able to prove the pamphlet was received. Accordingly, we strongly suggest you consider delivering the pamphlet at time of close of the sale.
If the scope or, location of the job changes after the sale closes, the contractor must provide a second copy of the pamphlet before beginning the new work. If the job starts more than 60 days after the pamphlet was delivered, you need to supply another pamphlet.
WHAT DOES RRP MEAN FOR ME?
RRP requires that contractors:
Please click here for detailed information on what RRP currently requires you to do, and how you can make sure you are in compliance with the pamphlet disclosure requirements that currently exist.
RRP applies to general and specialty contractors, home improvement contractors, design-build firms, carpenters, painters, drywall workers, window installers, etc. If you are handling or working with any painted surfaces, even if you are just taking down a painted door and hauling it away, RRP impacts you and your job.
“Lead-safe work practices” is the term used to describe how a job must be handled in order to comply with RRP so that the spread of lead paint dust and debris in the environment is limited.
In a nutshell, lead-safe work practice means:
A contractor must apply to the EPA and show that the company has the ability and the knowledge to perform jobs in compliance with RRP, including that the company employs at least one Certified Renovator. To maintain certification, a company has to re-certify every five (5) years.
A Certified Renovator is an individual who has completed an EPA-accredited training course (or state equivalent) in performing renovations (improvement and remodeling jobs) using lead-safe work practices. To maintain certification, a person has to complete an accredited refresher course.
Kachina Lead Paint Solutions provides ongoing training and certification procedures for individuals to obtain the certified renovator standing with the EPA. We also can process your certification filings with the EPA and re-certify you at the necessary time. Please click here for a listing of our training classes and services we provide. . .
The Certified Renovator should be thought of as the job “manager”. He or she is responsible for the following:
SO WHAT DO I NEED TO DO UNDER RRP?
This is where Kachina Lead Paint Solutions can help as this is what we do. We can handle all the training and certification procedures for you, process your certification filings with the EPA, ensure your installers are trained in lead-safe work practices, and re-certify your company and/or your individual Certified Renovator(s) at the necessary time.
We can also assist you in re-pricing jobs to pass on the increased costs to the consumer, and educate you on how to train your sales representatives to maximize your ability to “exempt” a job from being subject to RRP.
We have all the forms and necessary protocol to ensure you are 100% in compliance. Additionally, we offer one-stop shopping convenience for the safety equipment and supplies you'll need for lead safe work practices, lead paint insurance, and more!
IS THERE ANY JOB WHERE I DON'T HAVE TO DO THIS?
Yes. After 1977, the use of lead-based paint was banned, so the EPA is not concerned about jobs on buildings or homes built in 1978 or later.
There are also three additional exemptions to the new rule: