EPA’s Renovation, Repair, and Painting Rule (“Rule”) was issued on April 22, 2008, and was implemented in several phases.  The final phase, which contains detailed requirements concerning training and certification, information distribution, work practices, and recordkeeping, becomes effective on April 22, 2010.  After that date, contractors involved in renovation, repair, or painting projects subject to the Rule must comply with its requirements or face significant fines and penalties from EPA. 

Applicability of the Rule 

In broad terms, the Rule applies to renovation, repair, and painting projects occurring in housing constructed prior to 1978 or in facilities frequented by children and constructed prior to 1978, and which will affect surfaces or building components coated with lead-based paint.  Sanding or stripping paint, replacing windows, or cutting through walls or ceilings to reach ducts or plumbing are all examples of activities that fall under the Rule’s coverage.  There are, however, several exceptions in the Rule, and applicability of the Rule to a particular project must be determined on a case-by-case basis.   

Training and Certification

If the Rule applies to a project, the renovation, repair, or painting can only be performed by a certified renovation firm, and the individuals performing the work must be certified renovators or working under the direction of a certified renovator.  Contracting firms may become certified renovation firms by submitting an application to EPA.  To become certified renovators, individuals must complete an eight-hour training course accredited by EPA. 

Information Distribution 

Before beginning renovation, repair, or painting work on a project to which the Rule applies, the renovation firm must distribute, to owners and occupants of the building being renovated, a pamphlet describing the hazards associated with lead-based paint.  The pamphlet is available from EPA, and is entitled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools.

Work Practice Standards

The Rule requires renovation firms and certified renovators to take several affirmative steps to minimize lead-based paint hazards created by renovation, repair, and painting activities.  Contractors must contain the work area so that no dust or debris spreads beyond the work area, and must take steps to minimize the amount of dust and debris that is carried out of the work area on clothing, tools, and equipment.  Additionally, the Rule contains detailed procedures for managing waste generated by renovation, repair, and painting projects, cleaning the work area, and verifying that the work area is clean. 

Recordkeeping    

Renovation firms must keep detailed records documenting compliance with the Rule.  Records that must be kept include documentation of certification and training, records documenting that lead-hazard information was distributed to owners and occupants, and records documenting that the work practice standards were followed.  Unless a longer time is specified by local or state law, the records must be kept for three years and made available to EPA upon request. 

Failure to comply with the Rule can subject the renovation contractor to significant monetary penalties, and may preclude the contractor from becoming a certified renovation firm.  Contractors or property managers involved in renovation, repair, or painting projects that occur in housing or other structures constructed before 1978 should have a thorough understanding of the Rule’s applicability and requirements.