RRP Rule Violators Beware FEATURE STORY


The EPA's new lead-based paint rule and how it affects you D


By SCOTT VON GONTEN, CGA, CGP, LLRA, CR, CDST ConserveIQ, LLC


o you remodel, renovate, repair or paint “target housing” or “child-occupied facilities” built before 1978, to make them more comfortable, energy-efficient, or


roomy? Specifically, consider the following: • Do you paint? • What about weatherization improvements? • Do you install new energy efficient windows or doors? Do you install siding or trim?


• Do you do room additions? • How about electrical, plumbing or HVAC services that involve cutting holes in clients’ walls or ceilings?


• Do your remodeling activities require the removal of baseboards or other moulding?


• Would your roofing projects require clients’ drip edge or fascia to be disturbed or removed?


• Do you do handyman activities or maintain rental property?


• Do you disturb paint in any way?


If any of these conditions apply, there is a new regulation that affects you—the Environmental Protection Agency’s Renovation, Repair and Painting Rule (RRP Rule), which became enforceable on April 22, 2010. This rule is targeted at reducing your, and your clients’, exposure to lead-based paint dust generated by traditional renovation work.


The Renovation, Repair and Painting Rule requires that all renovations of pre-1978 target housing or child-occupied facilities, performed for compensation, must be conducted by a certified firm using certified renovators. That applies to you AND all of the sub-contractors you hire to perform your renovations.


This RRP Rule requires certified firms and the specially-trained certified renovators to do their lead-safe work practices in a very specific way and to maintain very specific records and paperwork for three years. If those records are missing, incomplete or show violations of RRP, the EPA is allowed to fine that violator so much money—up to $37,500 per violation per day— that it will likely cause significant financial issues.


Do you know any contractors who are violating the EPA’s RRP Rule right now? If so, they are facing


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HUGE fines that could wipe them out financially! Remember, the EPA can legally investigate a renovating company’s records up to three years in the past. So, if a contractor erroneously considers “getting away” with non-compliance, there is a three- year window of liability during which he or she will have to worry about getting caught. Now, THAT would be stressful! The EPA will be actively looking for violators because the fines provide for the self- funding of the RRP Rule bureaucracy.


Why is Lead Such a Hazard?


Although lead-based paint was banned from residential use in 1978, approximately 38 million Pre-1978 homes contain this hazard. Lead is toxic when ingested or inhaled, and can cause children to develop learning disabilities and behavioral problems, such as hyperactivity. It can even reduce their IQ.


In addition to nervous system damage,


lead can cause hearing damage, kidney problems and decreased muscle and bone growth. Pregnant women who ingest or inhale lead dust can transfer lead to babies in the womb, causing developmental issues. These lead-induced problems can negatively affect children for the rest of their lives.


Peeling, deteriorating or chalking paint is a common source of paint chips and dust, both inside a home and in soil. Children typically ingest lead dust during normal play activities because they put their lead-contaminated hands, fingers and toys in their mouths. Depending on diet and nutrition, children can absorb a very high percentage of lead, which accumulates in the body, especially in the bones where it can remain for decades. Even children who seem healthy may have lead poisoning. Thus, it is often misdiagnosed. The only sure way to determine if a child has lead poisoning is to have his or her medical provider conduct a Blood Lead Level Test.


Adults can also be affected by lead, causing high blood pressure, hypertension, kidney problems, digestive issues, memory and concentration problems, anger management problems, and joint and muscle aches, among other conditions.


Lead poisoning is, however, preventable. During a renovation, when you minimize the creation of lead-


AUGUST 2010 | HOUSTON BUILDER | GREATER HOUSTON BUILDERS ASSOCIATION – BUILDING A BETTER FUTURE


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