Department of Commerce
Lead-based Paint Renovation, Repair and Painting Rule
Amendments to the Renovator Rule by the EPA
Adoption by Washington coming soon. No date released at this time.
Clearance and Dust Wipe testing Requirements for Renovations:
- EPA is not imposing additional "clearance" dust-wipe sampling. The EPA post-renovation cleaning verification card will continue to be used. HUD projects will remain to be cleared by dust-wipe sampling for re-occupancy.
Paint Chip Collection by Renovators:
- Certified renovators may collect paint chip samples from components to be affected by a renovation instead of using test kits to test the paint. Paint chip samples will need to be documented and sent to an NLLAP accredited laboratory. NLLAP Laboratories are found here. Training for renovators will begin to include hands-on training for paint chip collection and laboratory submittal.
Vertical Containments, more specific language added:
- Vertical containment is a vertical barrier consisting of plastic sheeting or other impermeable material over scaffolding or a rigid frame, or an equivalent system of containing the work area.
- Vertical containment of equivalent extra precautions in containing the work area must be used on exterior renovations performed within 10 feet of the property line. This requirement is intended to provide flexibility for certified renovators to design effective containment systems based on the renovation activity and the work site.
- Containment systems for both interior and exterior renovations permit renovators to erect vertical containment closer to the renovation activity than the minimum floor or ground containment distance specified in the RRP rule to give renovation firms more flexibility in designing effective containment strategies for particular work sites. For exterior renovations this allows a renovation firm to construct vertical containment less than 10 feet from the renovation activity.
- The amendment also provides flexibility for renovations the option to use vertical containment measures in combination with reduced floor containment on interior renovations.
- HEPA vacuum means a vacuum cleaneer which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration state. A HEPA filter is a filter that is capable of capturing particulates of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. HEPA vacuums must be operated and maintained in accordance with the manufacturer's instruction. (new: as underlined)
Find Washington's Renovator rules, (WAC 365-230) here:
The federal register that discusses the amendments to the Renovator rule are listed here:
The amendatory code as it is written is provided starting on page 47938 of this register.
The Department of Commerce has taken over all aspects of EPA’s Renovation, Repair, and Painting rule officially on March 16th. The RRP rule requires all renovation projects be done by a certified firm and at a minimum, one certified individual. The rule applies to housing and child occupied facilities (daycares and schools) built before 1978. The standards apply to those who conduct renovation for money, including contractors, maintenance workers in large apartment complexes, and specialty trades. However, actual certification with Washington’s Department of Commerce did not start until July 1st.
With the Department of Commerce’s take over, any firm or individual, must now be certified through the Department of Commerce. The fees are $25 for the firm and $25 for the individual. Any firm/individual already certified through the EPA, prior to the tack over by the Department of Commerce, is grandfathered. These EPA certified firms/individuals will be allowed to let their certifications expire , and will then re-certify with Washington.
Note: If a certified individual transfers to another employer, that employer must register with the Department of Commerce.
As of March 16th, the Washington State Department of Commerce has taken over all activities from the EPA , as it relates to the RRP(Restoration, Remodeling, & Painting) rule. This includes enforcement, trainer accreditation, certification and fees.
Hearings regarding the adoption of the new rules took place this past Fall. The new rule replicates EPA 's language, without exceeding or any additional stringencies as compared to EPA. The requirement not to exceed EPA's rule language was written into Washington law nearly 10 years ago thanks to the efforts and testimony by BIAW.
Companies having already received certification through the EPA will be grandfathered in. No "re-cert" will be required. These companies will only be required to send in a form to register with Washington, with no additional fee for this registration. Once their EPA certification expires, these companies will be renewing through the Dept of Commerce. As of the 16th of March, any new certification in Washington will cost $25 for the firm and $25 per worker. Unlike EPA's $300 for the same certification. RRP training providers here in Washington will also be grandfathered in.
Penalties set by the EPA have been a staggering $37,500 per violation. According to Commerce, the Washington RRP rule is written so that at most, a company can be cited for 6 violations. Washington's rule starts penalties at $500 per violation. Secondly, the rule allows for Dept of Commerce "to mitigate the maximum standard penalty if the violator has cooperated with the department's investigation and has voluntarily undertaken steps to prevent reoccurrence of the same violation". Commerce has mentioned to us, penalties will be waived or reduced if the contractor receives certification within an agreed amount of time of violation, possibly six months.
If you have any questions regarding the BIAW Safety Assistance Program, please e-mail or call BIAW Field Representative Donovan Quebedeaux at 1-800-228-4229.
"CTED Lead Lines Newsletter April 2008"
"EPA's Repair & Renovation rule training providers"
Washington Lead-based Paint Certification page - Department of Commerce
EPA Lead-based Paint "Renovation & Repair" rule
NAHB Sample Contract Language For Lead-based Paint Rule