THE LAW REQUIRES!
Federal law 40 CFR Part 745 requires individuals go through certain information before renovating six square feet or more of painted surfaces in a room for interior project or more that twenty square feet of painted surfaces for exterior projects in housing, “child-occupied facilities” and schools built before 1978.
A “child-occupied facility” means a building or portion of a structure , built prior to 1978, visited regularly by the same child, under six years old , on at least 2 individual days within a week ( Sun. through Saturday time frame ), provided that each day’s visit lasts at least 3 hours and the combined every week visits last at least six hours, and the combined annual visits last at least 60 hours.
Child-occupied facilities may include, but are not limited to, child care centers, pre-schools and kindergarten classrooms. They may be located in target housing or in public or commercial buildings.
April 22, 2010 federal law 40 CFR Part 745 will require contractors that agitate lead-based paint in homes, child-occupied facilities and schools built before 1978 to be certified and follow specific work practices to prevent lead contamination.
Any contractor that “Renovates, Repairs or Paints” (RRP) must have at least one someone that overseas that job that is a Certified Renovator . This certification must be given by an approved EPA certification provider.
The RRP now overseas and gives all lead safe work practices training to all workers at that job site. The RRP is also responsible for set up of the job site, safe practices while working on the work site, testing for lead, rubble removal, establishing workers make clean areas, debris removal, record keeping and cleaning confirmation procedure.
All workers that will be exposed to lead , must be trained as in accordance with 40 CFR Part 745 and applicable state requirements (Oregon) OR OSHA 1926.62 and (Washington) WAC 296-155-17625. Please note both Oregon and WA are in process of committal to writing their own new code. At the time of the publication of this manual, they were not in completed or adopted.
WHAT INDIVDUAL MUST FOLLOW THE LAW?
Anyone who is getting 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
⇒ Painter workers
⇒ Plumbers
⇒ Carpenters
⇒ Electricians
WHAT ACTIVITY ARE SUBJECT TO THE LAW?
Any activities that disrupts paint in pre-1978 housing and child-occupied facilities, including:
- Remodeling and repair/maintenance jobs
- Electrical work
- Plumbing
- Painting
- activity
- Window replacement
WHAT HOUSING AND ACTIVIES ARE EXCLUDED FROM THE LAW?
Exclusions are:
- Homes built in 1978 or later
- Homes for elderly or disabled persons, unless children under 6 reside or are be like to reside there.
- Zero-bedroom dwellings (studio apartments, dormitories, etc.)
- Homes or components declared lead-free by a certified inspector or risk assessor. Test kits must be acceptable to EPA, check the website www.epa.gov/lead for the most current acceptable kits. At the time of publication of this manual only 1 test was accepted by EPA “Lead Check”. However Lead Check does not work for drywall or gypsum board.
- Minor repair and maintenance activities that disturb six square feet or less of paint per room interior, 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