Renovator, certified

Contractor certification and training rules were first put into effect in 1998. Those initial rules required lead paint professionals to be certified and trained and imposed an accreditation program for training programs, individual certifications for renovators, and specific work practice standards. ... 

The impermeable sheeting that was used must be misted and folded with the dirty side inward, and either taped shut or sealed in heavy-duty bags and disposed of. If the renovation was inside a building, then the renovator must clean all objects and surfaces. The walls must be cleaned with damp cloths or a HEPA vacuum, and all other surfaces and objects must be cleaned with a HEPA vacuum. All surfaces that are not carpeted or upholstered must be wiped with a damp cloth. All uncarpeted floors must be mopped and the rinse water must be kept separate from the wash water. At the end of the cleaning, a certified renovator must inspect to see if there is any dust debris or residue, and if there is the area must be re-cleaned and re-inspected. 

A certified renovator must visually verify the cleanup in any external areas, including the ground and any exterior windowsills. Alternatively, if the owner or any law requires dust clearance sampling, that can substitute for the visual inspection. The renovator must re-clean if any dust or debris remains. ... 

States must require contractors to be trained, certified, and licensed according to certain standards in order to abate (remove or otherwise control) lead paint. Specific types of contractors who do renovation and remodeling will also have to be trained and certified. If any state does not yet have a training and certification program in place by September 1998, the EPA will set up a program for that state by September 1999, out of its regional office. 

Beginning April 22, 2010, federal law requires that contractors performing renovation, repair, and painting projects that disturb more than six square feet of paint in homes, childcare facilities, and schools built before 1978 must be certified and trained to follow specific work practices to prevent lead contamination. Contractors working with lead are required to be in a lead-safe certified company. Many houses and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. 

Immediate test kits are good, but they should not be depended on for remodeling and renovation projects. The simple kits can give you a quick read on a job, but they are not considered to be certified testing. As a contractor you should only depend on the services of qualified, certified testers and laboratories for your results. This is the only way to ensure that you will not suffer repercussions down the road. 

It is difficult to determine with any amount of certainty whether this final rule will have unintended consequences. However, EPA agrees that it is important to minimize disincentives for using certified renovation firms who follow the work practices required by this rule. EPA also agrees that practicality is an important consideration. Given the relatively low estimated overall average per-job cost of this final rule, which is 35, and the relatively easy-to-use work practices required by this final rule, EPA does not expect the incremental costs associated with this rule to be a determinative factor for consumers. However, that relatively low cost has resulted in part from EPA s efforts to contain the costs of this rule to avoid creating disincentives to using certified renovation firms, and EPA has viewed the comments received with those considerations in mind. 

With respect to the comment regarding the standard of care for do-it-yourselfers, EPA also plans to conduct an outreach and education campaign aimed at encouraging homeowners and other building owners to follow work practices while performing renovations or to hire a certified renovation firm to do so. 

When a certified renovator is not physically present at the worksite, the workers must be able to contact the renovator immediately by telephone or other mechanism. In addition, the... 

Renovations must be performed by certified firms. The certification requirements for renovation firms are identical to the certification requirements for firms that perform lead-based paint activities, except that renovation firm certification lasts for 5 years instead of 3 years. A firm that wishes to become certified to perform renovations must submit an appUcation, along with the correct amount of fees, attesting that it will assign a certified renovator to each renovation that it performs, that it will use only certified or properly trained individuals to perform renovations, and that it will follow the work practice standards and recordkeeping requirements in this regulation. 

Before beginning a covered renovation, the certified renovator or a worker under the direction of the certified renovator must post signs outside the area to be renovated warning occupants and others not involved in the renovation to remain clear of the area. In addition, the certified renovator or a worker under the direction of the certified renovator must also contain the work area so that dust or debris does not leave the area while the work is being performed. At a minimum, containment for interior projects must include ... 

The certified renovator or a worker trained and directed by a certified renovator must, at the conclusion of each work day, store any collected lead-based paint waste from renovation activities under containment, in an enclosure, or behind a barrier that prevents release of dust and debris and prevents access to the waste. In addition, the certified renovator or a worker under the direction of the certified renovator transporting lead-based paint waste from a worksite must contain the waste to prevent identifiable releases. 

This final rule requires a certified renovator to perform a visual inspection of the work area after the cleaning steps outlined in the previous subsection. This visual inspection is for the purpose... 

In contrast to the 2006 Proposal, this final rule does not allow dust clearance sampling in lieu of post-renovation cleaning verification, except in cases where the contract between the renovation firm and the property owner or another federal, state, territorial, tribal, or local regulation requires dust clearance sampling by a certified sampling professional and requires the renovation firm to clean the work area until it passes clearance. 

At a minimum, the program requirements must include accredited training for renovators and procedures and requirements for recertification. State, territorial, and tribal programs applying for authorization are also required to include work practice standards for renovations that ensure that renovations are conducted only by certified renovators or renovation firms and that renovations are conducted using work practices at least as protective as those of the Federal program. 

In keeping with the 2006 Proposal and the 2007 Supplemental Proposal, this final rule exempts renovations that affect only components that a certified inspector or risk assessor has determined are free of paint or other surface coatings that contain lead equal to or in excess of l.Omg/cm or 0.5% by weight. These standards are from the definition of lead-based paint in Title X and in EPA s implementing regulations. Nearly all of the commenters that expressed an opinion on this topic favored this... 

Some commenters expressed confusion over the mechanics of this exception. The certified inspector or risk assessor determines whether components contain lead-based paint, while the renovation firm is responsible for determining which components will be affected by the renovation. A renovation firm may rely on the report of a past inspection or risk assessment that addresses the components that will be disturbed by the renovation. 

Determination by a Certified Renovator Using EPA-Recognized Test Kits... 

This final rule exempts renovations that affect only components that a certified renovator, using a test kit recognized by EPA, determines are free of lead-based paint. EPA has deleted the regulatory thresholds for lead-based paint from this definition because they unnecessarily complicate the exception. A certified renovator is a person who has taken an accredited course in work practices. This training will include how to properly use the EPA-approved test kits. This final rule also establishes the process EPA will use to recognize test kits. 

However, most commenters did not favor the use of test kits. The most commonly cited reason for not supporting this approach was the potential conflict-of-interest present in having the certified renovator be the one to determine whether or not he or she mnst use the work practices required by the rule. EPA addressed potential conflicts of interest in its lead-based paint program in the preamble to the final Lead-Based Paint Activities Regulations. That discussion outUned two reasons for not requiring that inspections or risk assessments, abatements, and post-abatement clearance testing all be performed by different entities. 

Another commonly cited reason for not supporting the use of test kits by certified renovators was the lack of any sampling protocol in the regulation. A related concern was that the training in sampling techniques and protocols in the lead-based paint inspector course could not be shortened to fit within the 8-hour renovator course and still retain all of the necessary information. EPA wishes to make it clear that the 8-hour renovator course will not train renovators in how to select components for sampling because the certified renovator must use a test kit on each component affected by the renovation. The only exception to this is when the components make up an integrated whole, such as the individual stair treads and risers in a staircase. 

In addition, the instructions for use of any particular kit would have to conform to the results of the validation, and the certified renovator would have to follow the manufacturer s instructions when using the kit. EPA requested comment on whether these standards are reasonably achievable and sufficiently protective. EPA also solicited input on how to conduct the kit recognition process. 

Under the current Lead-Based Paint Activities Regulations at 40 CFR, Part 745, Subpart L, both individuals and firms that perform lead-based paint inspections, lead hazard screens, risk assessments, and abatements must be certified by the U.S. Environmental Protection Agency (EPA), EPA proposed a similar, but not identical, regulatory scheme for individuals and firms that perform renovations. 

This final rule requires all renovations subject to this rule to be performed by a firm certified to perform renovations. 

In addition, the rule requires that all persons performing renovation work either be certified renovators or receive on-the-job training (OJT) from and perform key tasks under the direction of a certified renovator. To become a certified renovator, a person must successfully complete an accredited renovator course. EPA renovator certification allows the certified individual to perform renovations in any state, territory, or Indian tribal area that does not have a renovation program authorized under 40 CFR, Part 745, Subpart Q. These requirements are discussed in greater detail in the following sections. 

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