Burnside Enterprises, LLC

As of April 22, 2010, contractors performing renovation, repair and painting (RRP) projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination.  The Environmental Protection Agency has issued a lengthy ruling that became law on April 22, 2010 and will have a wide impact on all residential contractors working on pre-1978 properties.  Please refer to the LINKS page for the web pages which contain the actual requirements.

Residential Contractors

The RRP ruling impacts renovation contractors, maintenance workers in multi-family housing and painters & other specialty trade contractors.  Any work performed for gain (i.e., you get paid in some manner)at a pre-1978 childcare facility or home could be subject to the EPA ruling.  Any work on finished surfaces in these facilities that are not known to be lead-based paint free will have to be performed under the supervision of EPA certified "Renovator" and by a certified "Renovation Firm".  Training classes are underway throughout the USA and the required paperwork is on the EPA website.

A few of the main points of the law:

Any remodeling work which disturbs more than 6 sq. ft. of interior finished surfaces or 20 sq. ft. of exterior finished surfaces falls under this rule.  Minor repair and maintenance activities do not fall under this ruling.

Window replacement is not considered a minor repair under this ruling.  This will likely extend to door replacement also.

All work must be performed according to "Lead Safe Work Practices".  This would include

• Contain the work area.
• Minimize dust.
• Keep the occupants out of the work area until after final cleaning
• Clean up thoroughly.

Certain previous construction activities such as machine sanding or grinding will not be permitted unless the device has an operating HEPA vacuum system.

Written notice must be given to the owner and tenant before work commences.

Records must be kept for 3 years minimum.

Is there a way to avoid these requirements?

If the property or surfaces to be modified are inspected by a licensed lead-based paint Inspector / Risk Assessor and found to be free of lead-based paint, then the work activities do not need to be performed per the EPA requirements.  If lead-based paint is determined to exist in the facility, then those surfaces & components are subject to the EPA requirements.  The other surfaces without lead-based paint can be worked on with normal construction methods and processes.  Burnside Enterprises, LLC is licensed to perform these types of inspections in Oklahoma and Colorado.  Get in touch with us on our Contacts page if you would like more information regarding these types of inspections.

Please refer to our Links page for references to the EPA ruling and the associated requirements.

Rental Property and Childcare Facilities 

If you manage or own pre-1978 residential rental property, you could be subject to the EPA requirements.  Any of your maintenance workers or contractors who perform work which disturbs more than 6 sq. ft. of interior finished surfaces or 20 sq. ft. of exterior finished surfaces must comply with the EPA ruling.  Minor maintenance and repair activities do not fall under this ruling.

If you manage and perform the work with your own workforce, you must be certified as a "Renovation Firm" and a certified "Renovator" must oversee the work.

Window replacement is not considered a minor repair under this ruling.  This will likely extend to door replacement also.

All work must be performed according to "Lead Safe Work Practices".  This would include

• Contain the work area.
• Minimize dust.
• Keep the occupants out of the work area until after final cleaning
• Clean up thoroughly.

Certain previous construction activities such as machine sanding or grinding will not be permitted unless the device has an operating HEPA vacuum system.

Written notice must be given to the owner and tenant before work commences.

Records must be kept for 3 years minimum.

Is there a way to avoid these requirements?

If the property or surfaces to be modified are inspected by a licensed lead-based paint Inspector / Risk Assessor and found to be free of lead-based paint, then the work activities do not need to be performed per the EPA requirements.  If lead-based paint is determined to exist in the facility, then those surfaces & components are subject to the EPA requirements.  The other surfaces without lead-based paint can be worked on with normal construction methods and processes.  Burnside Enterprises, LLC is licensed to perform these types of inspections in Oklahoma and Colorado.  Get in touch with us on our Contacts page if you would like more information regarding these types of inspections.

Please refer to our Links page for references to the EPA ruling and the associated requirements.