MyFloridaCode.com

[Florida Code Talk] [boafdiscussion] Lead Certification
Bob Koning Bob at ContractorsInstitute.com
Fri Sep 4 14:20:50 EDT 2009


Linda,

 

This is a new Law. Training is not available yet but will be around
January 01, 2010. I have enclosed some pertinent facts:

 

 

What Is the Lead-Based Paint Renovation, Repair and Painting Program
(RRP)?

*

The Lead-Based Paint Renovation, Repair and Painting Program is a
federal regulatory program affecting contractors, property managers, and
others who disturb painted surfaces.

*

It applies to residential houses, apartments, and child-occupied
facilities such as schools and day-care centers built before 1978.

*

It includes pre-renovation education requirements as well as training,
certification, and work practice requirements.

-

Pre-renovation education requirements are effective now:

* Contractors, property managers, and others who perform renovations for
compensation

in residential houses, apartments, and child-occupied facilities built
before 1978 are required

to distribute a lead pamphlet before starting renovation work.

-

Training, certification, and work practice requirements become effective
April 22, 2010:

* Firms are required to be certified, their employees must be trained in
use of lead-safe work

practices, and lead-safe work practices that minimize occupants'
exposure to lead hazards

must be followed.

*

Renovation is broadly defined as any activity that disturbs painted
surfaces and includes most repair, remodeling, and maintenance
activities, including window replacement.

*

The program includes requirements implementing both Section 402(c) and
406(b) of the Toxic

Substances Control Act (TSCA). (www.epa.gov/lead/pubs/titleten.html)

*

EPA's lead regulations can be found at 40 CFR Part 745, Subpart E.

 

 

Who Must Follow the 2008 Lead Rule's Requirements?

In general, anyone who is paid to perform work that disturbs paint in
housing and child-occupied facilities built before 1978, this may
include, but is not limited to:

-

Residential rental property owners/managers

-

General contractors

-

Special trade contractors, including

*

Painters

*

Plumbers

*

Carpenters

*

Electricians

 

 

What Activities Are Subject to the Lead Renovation, Repair and Painting
Program?

In general, any activity that disturbs paint in pre-1978 housing and
child-occupied facilities, including:

*

Remodeling and repair/maintenance

*

Electrical work

*

Plumbing

*

Painting

*

Carpentry

*

Window replacement

 

 

What Housing or Activities Are Excluded and Not Subject to the Rule?

* Housing built in 1978 or later.

* Housing for elderly or disabled persons, unless children under 6
reside or are expected to

reside there.

* Zero-bedroom dwellings (studio apartments, dormitories, etc.).

* Housing or components declared lead-free by a certified inspector

or risk assessor.

* Minor repair and maintenance activities that disturb 6 square feet or

less of paint per room inside, or 20 square feet or less on the exterior

of a home or building.

* Note: minor repair and maintenance activities do not include

window replacement and projects involving demolition or prohibited
practices.

 

 

 

What Does the Program Require Me To Do?

Pre-renovation education requirements - Effective now.

*

In housing, you must:

* Distribute EPA's lead pamphlet to the owner and occupants before
renovation starts.

*

In a child-occupied facility, you must:

* Distribute the lead pamphlet to the owner of the building or an adult
representative of the child-occupied facility before the renovation
starts.

*

For work in common areas of multi-family housing or child-occupied
facilities, you must:

* Distribute renovation notices to tenants or parents/guardians of the
children attending the

child-occupied facility. Or you must post informational signs about the
renovation or repair job.

*

Informational signs must:

*

Be posted where they will be seen;

*

Describe the nature, locations, and dates of the renovation; and

*

Be accompanied by the lead pamphlet or by information on how parents and
guardians can get a free copy (see page 31 for information on obtaining
copies).

*

Obtain confirmation of receipt of the lead pamphlet (see page 23) from
the owner, adult representative, or occupants (as applicable), or a
certificate of mailing from the post office.

*

Retain records for three years.

*

Note: Pre-renovation education requirements do not apply to emergency
renovations. Emergency renovations include interim controls performed in
response to a resident child with an elevated blood-lead level.

Training, Certification, and Work Practice Requirements- Effective after
April 22, 2010.

*

Firms must be certified.

*

Renovators must be trained.

*

Lead-safe work practices must be followed. Examples of these practices
include:

*

Work-area containment to prevent dust and debris from leaving the work
area.

*

Prohibition of certain work practices like open-flame burning and the
use of power tools without HEPA exhaust control.

*

Thorough clean up followed by a verification procedure to minimize
exposure to lead-based

paint hazards.

*

The training, certification, and work practice requirements do not apply
where the firm obtained a signed statement from the owner that all of
the following are met:

*

The renovation will occur in the owner's residence;

*

No child under age 6 resides there;

*

No woman who is pregnant resides there;

*

The housing is not a child-occupied facility; and

*

The owner acknowledges that the renovation firm will not be required to
use the work practices

contained in the rule.

 

 

When Do These Requirements Become Fully Applicable to Me?

-

April 2009:

*

Training providers may begin applying for accreditation.

*

Once training providers are accredited, they may offer training courses
that will allow

renovators to become certified.

-

October 2009 - Renovation firms may begin applying to EPA for
certification.

-

April 2010 - Program fully effective. Work practices must be followed.

How Will a Firm Become Certified?

Beginning in October 2009, firms may apply to EPA for certification to
perform renovations or dust sampling. To apply, a firm must submit to
EPA a completed "Application for Firms," signed by an authorized agent
of the firm, and pay the correct amount of fees. To obtain a copy of the
"Application for Firms" contact the NLIC at 1-800-424-LEAD (5323) or
visit www.epa.gov/lead/pubs/renovation.htm.

 

 

What Are the Responsibilities of a Certified Firm?

Firms performing renovations must ensure that:

1.

All individuals performing activities that disturb painted surfaces on
behalf of the firm are either certified renovators or have been trained
by a certified renovator.

2.

A certified renovator is assigned to each renovation and performs all of
the certified renovator responsibilities.

3.

All renovations performed by the firm are performed in accordance with
the work practice standards of the Lead-Based Paint Renovation, Repair,
and Painting Program (see the flowchart on page 9 for details about the
work practice standards).

4.

Pre-renovation education requirements of the Lead-Based Paint
Renovation, Repair, and Painting Program are performed.

5.

The program's recordkeeping requirements are met.

 

 

How Will a Renovator Become Certified?

To become a certified renovator an individual must successfully complete
an eight-hour initial renovator training course offered by an accredited
training provider (training providers are accredited by EPA, or by an
authorized state or tribal program). The course completion certificate
serves as proof of certification. Training providers can apply for
accreditation for renovator and dust sampling technician training
beginning in April 2009. Once accredited, trainers can begin to provide
certification training.

 

 

Are There Streamlined Requirements for Contractors with Previous Lead
Training?

Yes. Individuals who have successfully completed an accredited lead
abatement worker or supervisor course, or individuals who have
successfully completed an EPA, Department of Housing and Urban
Development (HUD), or EPA/HUD model renovation training course, need
only take a four-hour refresher renovator training course instead of the
eight-hour initial renovator training course to become certified.

 

 

What Are the Responsibilities of a Certified Renovator?

Certified renovators are responsible for ensuring overall compliance
with the Lead-Based Paint Renovation, Repair, and Painting Program's
requirements for lead-safe work practices at renovations they are
assigned. A certified renovator (see the flowchart on page 9 for details
about the work practice standards):

1.

Must use a test kit acceptable to EPA, when requested by the party
contracting for renovation services, to determine whether components to
be affected by the renovation contain lead-based paint (EPA will
announce which test kits are acceptable prior to April 2010. Please
check our Web site at www.epa.gov/ lead).

2.

Must provide on-the-job training to workers on the work practices they
will be using in performing their assigned tasks.

3.

Must be physically present at the work site when warning signs are
posted, while the work-area containment is being established, and while
the work-area cleaning is performed.

4.

Must regularly direct work being performed by other individuals to
ensure that the work practices are being followed, including maintaining
the integrity of the containment barriers and ensuring that dust or
debris does not spread beyond the work area.

5.

Must be available, either on-site or by telephone, at all times
renovations are being conducted.

6.

Must perform project cleaning verification.

7.

Must have with them at the work site copies of their initial course
completion certificate and their most recent refresher course completion
certificate.

8.

Must prepare required records.

 

Hope this helps...

 

 

R.J.Koning - Director

Contractors Institute

rjkoning at contractorsinstitute.com

8301 Joliet Street

Hudson, Fl 34667

727-863-5147

 

 

 

From: Patrick, Linda R. [mailto:patricklr at cityofgainesville.org] 
Sent: Friday, September 04, 2009 11:54 AM
To: Building Officials Association of Florida, Inc.
Subject: RE: [boafdiscussion] [Florida Code Talk] Lead Certification

 

Mr. Koning,

 

Lead Certification has been required on the Federal level for a while
where there was grant money used for rehab.  What makes this different?
Has the State begun regulations?   Thanks.

 

Linda R. Patrick

City of Gainesville

Building Inspections Department

352-334-5050    fx 352-334-2207

patricklr at cityofgainesville.org

________________________________

From: Bob Koning [mailto:Bob at ContractorsInstitute.com] 
Sent: Friday, September 04, 2009 11:25 AM
To: Building Officials Association of Florida, Inc.
Subject: RE: [boafdiscussion] [Florida Code Talk] Lead Certification

 

Rob and Group:

We are in the approval process for the Lead Renovators Certification
Training and the training will be provided starting next January (2010)
year as part of our curriculum. As always with our special training -
any code official employed by a governmental agency will provided free
attendance so we "all get up to speed".

 

 

 

R.J.Koning - Director

Contractors Institute

rjkoning at contractorsinstitute.com

8301 Joliet Street

Hudson, Fl 34667

727-863-5147

 

 

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Rob Harrell
Sent: Wednesday, September 02, 2009 7:09 PM
To: BOAF Discussion Group; CodeTalk
Subject: [Florida Code Talk] Lead Certification

 

 

Below is a topic posted on the ICC Bulletin Board.  Thought some of you
might be interested in it.

 

 

 

http://www.iccsafe.org/cgi-bin/ultimatebb.cgi?ubb=get_topic;f=4;t=011277

 

 

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