Many homes that Habitat affiliates consider for rehabilitation were constructed before 1978 and therefore are likely to have lead-based paint on surfaces within them. If renovations are not properly conducted, paint chips and dust containing lead can have detrimental affects on the health of young children and pregnant women. For a more indepth overview of the health effects of lead and lead regulations download the Renovate Right pamphlet.
How to Comply with EPA's Renovation, Repair and Painting Program:
Effective April, 2010, the Environmental Protection Agency is requiring that any renovation work conducted for compensation on targeted housing and child-occupied facilities must be performed by certified firms using Certified Renovators. Habitat affiliates can comply with the EPA's Renovation, Repair, and Painting Final Rule (40 CFR 745) by utilizing a certified firm or by having a Certified Renovator supervise the project and train the workers. The Certified Renovator can be a staff member of the affiliate; if this is the case the staff member or the affiliate will need to become a Certified Renovation Firm.
Which Projects are Covered?
All renovation projects conducted on homes built before 1978 must be tested and proven to be lead base paint free or assumed to contain lead based paint and renovated in compliance with EPA's Renovation, Repair and Painting rule. Additional requirements for worker certification and actions taken to address lead hazards increase proportionately with federal funding, notably HUD funding.
| Amount of Federal Funding, allocated per-unit, for home renovation | Certification need to perform renovation duties | Actions taken to address lead hazards |
| $0 to $5,000 | EPA's RRP Rule | EPA - Lead Safe Work Practices |
| $5,001 to $25,000 | EPA's RRP Rule with HUD admendments OR EPA/HUD Model Renovator (based on EPA RRP Rule) | EPA - Lead Safe Work Practices AND HUD-approved interim controls UNLESS Lead Abatement is required by a risk assessment |
| $25,001 and above | EPA - Certified Abatement Contractor | Lead Abatement |
To see this information on the US Department of Housing and Urban Development website, click here.
Exemptions include minor repair (replacing windows is not considered a minor repair), maintenance work involving an area no larger than 6 sq. ft. (2 sq. ft. for HUD criteria) of interior painted surface and 20 sq. ft. for an exterior painted surface, renovations by an owner to their own residence, or a certification that the work area is free of lead-based paint. If $25,000 or more federal money (ex. MSHDA down payment, CDBG, NSP) is used on the project then lead abatement is required.
In cases of lead abatement, it may be prudent to subcontract the work.
Who Will be Impacted by the New EPA Rules?
Not only does the rule impact general contractors, but it also applies to any specialty contractor that in the course of work may disturb a surface that could have lead-based paint. This would include plumbing, painting, HVAC, electrical, finish carpentry, drywall, insulation and siding, as well as others.
The rule also applies to anyone working for said contractors, paid or volunteer.
What are You or the Contractor Required to Do?
The rule requires anyone doing renovation on targeted housing to be certified (Certified Renovator) and follow Lead Safe Work Practices. These requirements would mean that:
- Your company/affiliate/staff member must receive certification.
- A Certified Renovator must be assigned to each renovation project.
- All persons performing work on the project must receive on-the-job training by a certified renovator.
- All renovations must be performed in accordance with the EPA Lead Safe Work Practices.
- NO pre-renovation risk assesment is required if the home is assumed to contain lead based paints.
- Seal the room to stop the spread of lead dust.
- Wet surfaces when scrapping, no power sanding or flames are allowed.
- Thorough cleaning of the room utilizing a HEPA vacuum.
- Clearance test performed by a licensed Lead Inspector or Risk Assessor.
- You must provide the owner and occupants of the property with an EPA Renovate Right pamphlet and obtain a signed certificate of receipt (only for renovations on occupied homes).
- You must keep records of compliance on all projects.
How and When Does a Contractor Get Certified?
Renovators can apply for certification as early as October 2009. Check the Michigan Department of Community Health for an up to date list of courses offered in your area or by calling Jay at 866-691-5323.
Certification must be obtained by April 2010, after which you cannot perform renovations to a targeted project unless you are certified. Certifications must be renewed every three years.
If you have further comments or questions contact Colin Pahl at CPahl@habitatmichigan.org or (269) 547-9226.