FREQUENTLY ASKED QUESTIONS

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?

IS THERE ANYTHING ELSE I NEED TO BE CONCERNED ABOUT?

WHAT DOES THIS NEW RULE 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 THE NEW RULE?

HOW AM I SUPPOSED TO DO ALL THIS?

LEAD PAINT? WHAT ARE YOU TALKING ABOUT? I DON’T EVEN DO PAINTING!
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.

ANOTHER LAW? WHERE DID THIS COME FROM?
In 1976 a law was passed that was designed 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. The name of this law was the Toxic Substances Control Act (“TSCA”).

Congress later added additional titles to the TSCA, with this original part designated at Title I - Control of Hazardous Substances.

Title IV - Lead Based Paint Exposure was added in 1992. For our purposes, this Title really went effective in 1999. It was designed to reduce environment exposure to lead contamination and prevent the adverse health effects caused by lead exposure.

Section 1018 of Title IV is intended to ensure family health and protect children from the effects of lead paint dust and debris. Among other things, it generally requires the disclosure of very detailed information on lead-based paint and/or lead-based paint hazards before a contractor undertakes any job that could disturb a painted surface.

In April 2008, there were further amendments added. One stated that effective December 22, 2008, the new EPA pamphlet, “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools” would replace the original pamphlet. Also, by April 22, 2010, companies will need to be certified by the EPA, key person/s will need to become a Certified Renovator, you will need to test for lead paint and if present, use Lead-Safe Work Practices. Please click here . . . .

WHY SHOULD I CARE ABOUT COMPLYING?
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 TSCA, so a violation of TSCA 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 enforcement oversight is increasing every year.

I CAN SEE THIS IS SERIOUS. SO TELL ME HOW I COMPLY WITH THIS.
Your 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 jobs on buildings or 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:

the removal or modification of painted surfaces or painted components (e.g., removal, replacement or modification of painted doors, windows, gutters, walls, etc.);
surface preparation activity of painted surfaces (sanding, scraping, or other activities that may generate paint dust);
the removal of large structures (e.g., walls, ceiling, large surface re plastering, major re-plumbing);
any window replacement.

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 jobs on buildings or homes built in 1978 or later.

So, the pamphlet is not required for any renovations to buildings or housing constructed during or after 1978. 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:

The disclosure is not required for minor repair and maintenance activities that disrupt less than 6 square feet of painted surfaces per room for interior activities or less than 20 square feet of painted surface for exterior activities. This is generally narrowly defined by the EPA to cover only handyman activities and minor electrical or plumbing repairs. If you are a contractor doing work for hire, we strongly suggest that you do not try and rely on this exemption – unless you are willing to risk an expensive legal fight with the EPA on this.
The disclosure is not required for emergency renovations. Kachina Lead Paint Solutions has specially designed an emergency renovation form that complies with TSCA and can be used by your sales representatives on emergency jobs. Please click here . . . .
The disclosure is not required where a written determination has been made by a Certified Renovator (and the contractor obtains a copy of the determination) that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter or 0.5 percent by weight.

WHAT IF THE GOVERNMENT OR THE CUSTOMER SAYS I NEVER COMPLIED?
You have to be able to prove you delivered the necessary information, 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 TSCA, then you have not complied with TSCA.

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 . . . .

WHAT IF WE CAN'T GET THE ACKNOWLEDGMENT SIGNED?
When a customer is unavailable for signature or refuses to sign the acknowledgment of receipt of the pamphlet, the contractor is permitted to certify delivery. Kachina Lead Paint Solutions has specially designed a contractor-certification form that complies with TSCA 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.

Obviously there are two problems with mail delivery. First, it can start becoming 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. We strongly suggest you consider delivering the pamphlet at time of close of the sale.

WHAT IF THE JOB CHANGES OR GETS DELAYED, OR WE UPSELL THE CUSTOMER LATER ON?
If the scope, location, or expected starting and ending dates of the job changes after the sale closes, the contractor must provide a second copy of the pamphlet before beginning the new work.

The pamphlet delivery is good for 60 days. If the job starts more than 60 days after the pamphlet was delivered, you need to supply another pamphlet.

IS THERE ANYTHING ELSE I NEED TO BE CONCERNED ABOUT?
YES. Remember, the job of government is to govern, and they are doing a great job.

The EPA passed major changes to TSCA in 2008.

The amendment requires contractors and installers to be trained and certified in the use of lead-safe work practices, and to use lead-safe work practices on any jobs involving lead paint. Please click here for more information on TSCA, what it will mean to you, and what you can do now to prepare yourself and your company.

WHAT DOES THIS NEW RULE MEAN FOR ME?
The rule requires that contractors:

become trained in the use of “lead-safe work practices”;
become certified to conduct renovation work using “lead-safe work practices”;
follow “lead-safe work practices” as required on all home improvement and remodeling jobs.
Start using a new lead paint disclosure information brochure. The brochure was changed to indicate that the customer needs to check and confirm that you, the contractor, are properly certified with the EPA to perform the work.

Please click here for detailed information on what TSCA currently requires you to do, and how you can make sure you are in compliance with the pamphlet disclosure requirements that currently exist.

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 impacts you and your job.

WHAT ARE LEAD-SAFE WORK PRACTICES?
“Lead-safe work practices” is the term used to describe how a job must be handled in order to comply with EPA regulations so that lead paint dust and debris are not released into the environment.

Lead-safe work practice means:

The job is performed by a contractor that is certified by the EPA;
The contractor uses a “certified renovator” to perform certain activities on the job;
The contractor’s installers have been provided on-the-job-training in lead-safe work practices;
Signs are posted at the job site clearly defining the work area and warning occupants and other persons to remain outside of the work area.
The job site is isolated in a certain manner so that no visible dust or debris leaves the work area while the job is being performed.
Waste from the job site is contained in a specific manner to prevent releases of dust and debris.
After the job is complete, the contractor must clean the work area using approved cleaning methods and protocols.

HOW DOES MY FIRM BECOME CERTIFIED?
A contractor would need to apply to the EPA and show that the company has the ability and the knowledge to perform jobs under TSCA, is in compliance with TSCA, and represented by a certified renovator
To maintain certification, a company has to complete an application every five (5) years.
Kachina Lead Paint Solutions provides ongoing training and certification procedures for companies to become certified with the EPA. Please click here for a listing of our training classes and services we provide. . .

WHAT IS A CERTIFIED RENOVATOR?
A certified renovator is an individual who has completed an EPA-accredited training course in performing renovations (improvement and remodeling jobs) using lead-safe work practices.To maintain certification, a person has to complete an accredited refresher course every five (5) years.
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. . .

WHAT DOES A CERTIFIED RENOVATOR ACTUALLY DO?
The certified renovator should be thought of as the job “manager”. He or she is responsible for:

Test for lead paint.
Making sure the job is conducted using lead-safe work practices. The certified renovator can do the work personally, or can direct uncertified workers to do the job except that the certified renovator must perform the post-renovation cleaning verification;
Providing training to uncertified workers on lead-safe work practices; Making himself or herself available at the job site during key stages of the job, and at other times be available on-site or by telephone; and
The certified renovator can also use an acceptable test kit to determine whether lead-based paint is present in affected areas.

SO WHAT DO I NEED TO DO UNDER THE NEW RULE?

Your company needs to become certified with the EPA or receive on-the-job-training by an EPA-certified renovator;
Your company needs to become re-certified every five (5) years;
Your company needs to have at least one(1) individual “certified renovator” representing it;
An individual “certified renovator” would have to be assigned to oversee each job;
Jobs must be performed under lead-safe work practices, unless the job can be excluded from coverage of the new rule.
You must continue to distribute the lead paint informational pamphlet to your customers.

HOW AM I SUPPOSED TO DO ALL THIS?
This is where Kachina Lead Paint Solutions can help, and 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 you, your company and/or your individual “certified renovator’ 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 in how to train your sales representatives to maximize your ability to “exempt” a job from being subject to this new rule.

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! Since the law applies to homes built prior to 1978, Kachina has an affiliated company, House Age Check that quickly & efficiently provides you with the date a home was built. This critical information determines if lead paint is even an issue and provides a factual age determination that will be accepted during an EPA audit.

IS THERE ANY JOB WHERE I DON'T HAVE TO DO THIS?
Yes. After 1977, the use of lead 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:

Any job performed on a house or building where EPA-approved methods have been used to determine that the job area is free of lead-based paint. We can educate and train your company on how to test a job quickly and easily to determine if lead paint is present at the job site. Please click here . . . .
Any job for minor repair and maintenance activities that disrupt 2 square feet or less of painted surface per component. This is generally narrowly defined by the EPA to cover only handyman activities and minor electrical or plumbing repairs. If you are a contractor doing work for hire, we strongly suggest that you do not try and rely on this exemption – unless you are willing to risk an expensive legal fight with the EPA on this.
If the job involves emergency renovations. Kachina Lead Paint Solutions has specially designed forms to allow you to safely rely on this exemption. Please click here . . . .