Frequent Questions About Renovations Covered by the RRP Rule

General Information About the RRP Rule

How is window repair or maintenance, as distinct from removal, treated under the RRP Rule? Would the rule apply to a job that replaced parts or components of a window, such as broken or failed glass, hardware, or balance systems, where some components might be painted, but the frame of the window would remain?

Replacing a pane of glass or fixing a broken window balancer is not a window replacement. However, this activity would be subject to the rule unless it meets the definition of minor repair and maintenance. To be considered minor repair and maintenance, the renovation must not disrupt more than six square feet of painted surfaces per room. Activities such as replacing a piece of glass in a window can disturb paint. The glazing that holds the pane in place in older windows is painted, and this glazing has to be removed for the pane to be replaced. Also keep in mind that when calculating the six square feet when a component is being removed, it's based on the surface area of the component.

Question Number: 23002-17496

Does the RRP Rule apply to renovations done in an apartment between tenants? Does it matter if children live in other apartments in the building?

Temporarily unoccupied or vacant rental housing is not exempt from the requirements of the RRP Rule.

Question Number: 23002-15669

Does the RRP Rule prohibit the deconstruction and reuse of old building materials containing lead-based paint?

No. The RRP Rule does not prohibit a firm from extracting, salvaging or reusing building materials that contain lead-based paint. However, the requirements of the RRP Rule may apply to these activities if they (1) occur in target housing or a child-occupied facility, and (2) disturb more than six square feet of interior painted surface or more than twenty square feet of exterior painted surface.

Further, the RRP Rule only applies to renovations – the modification of an existing structure that results in the disturbance of painted surfaces. Demolition of an entire property is not a renovation for RRP purposes. Therefore, if deconstruction or salvage activities occur in conjunction with total demolition of the property, the RRP Rule would not apply. Conversely, if only a portion of the property is deconstructed, and the above two criteria are met, then the activity is a renovation and the requirements of the RRP Rule apply. In such a case, firms must establish containment before deconstruction, and ensure that components to be reused are free of any lead-based paint dust or debris before they are removed from the work area.

Question Number: 23002-19962

My firm is performing a renovation in an unoccupied home that will be put up for sale when work is done. Does the RRP Rule apply to this renovation?

Yes. Temporarily unoccupied or vacant housing is not exempt from the requirements of the RRP Rule.

Question Number: 23002-19754

Does the RRP Rule apply to office buildings, stores, and other commercial buildings?

No, unless the renovation is taking place in a child-occupied facility that is located in a commercial building. “Child-occupied facility’’ means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours and the combined weekly 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, childcare centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings.

With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

Areas of a building that fall outside this definition are not “child-occupied facilities” for purposes of the RRP Rule.

Question Number: 23002-15688

Does the RRP Rule apply to federal employees performing work on federal facilities?

Yes. Federal agencies and their employees must comply with all federal, state, interstate, and local requirements, both substantive and procedural, respecting lead-based paint in the same manner and to the same extent as any non-governmental entity. In addition, the RRP Rule requires all renovations to be performed by a certified firm. The definition of "firm" includes federal agencies. Therefore, if the employees of a federal agency are performing renovations, the agency must be a certified firm and must follow the RRP Rule when performing the renovation.

Question Number: 23002-15684

Does the RRP Rule apply to renovations that disturb ceramic tile where the glaze on the tile contains lead at regulated levels?

No. Ceramic tile glaze is neither a surface coating nor a painted surface. Therefore, renovations that disturb ceramic tile glaze are not subject to the RRP Rule.

Question Number: 23002-15691

My firm repairs windows in which the glass has been cracked or broken by removing and replacing the sash. For casement windows, we unscrew and remove the hinges on the old window, pull out the old sash, and install the new sash. For double-hung windows, we release the jambliner, pull out the sash with the damaged glass, and install the new sash. We may disturb paint on the hinges and screws, but do not otherwise disturb a painted surface. Is this work subject to the RRP Rule?

Replacement of a window sash by simply unscrewing hinges or releasing it from a jambliner does not constitute “window replacement” for purposes of the RRP Rule. Therefore, such tasks may fit within the definition of minor repair and maintenance i.e., activities that disturb six square feet or less of interior painted surface, or twenty square feet or less of exterior painted surface.

If unscrewing a hinge or releasing a jambliner disturbs paint on the screws and/or hinges but does not otherwise disturb a painted surface on the window sash, frame, casing, sill, trim or surrounding walls, then the activity likely disturbs less than six square feet of painted surface and would not be subject to the RRP Rule.

Question Number: 23002-19759

I am removing aluminum siding from a pre-1978 home. The aluminum siding was nailed over the top of painted wood siding that tested positive for lead. The underlying painted surface is greater than twenty square feet. Must I comply with the RRP Rule when removing the aluminum siding?

The work practices for exterior projects are based on a performance standard – if the activity disturbs a painted surface (generally, by creating paint chips or dust) in excess of 20 square feet, the work area must be contained so that dust or debris does not leave the work area while the renovation is being performed. In this case, if the removal of the aluminum siding results in the disturbance of paint in excess of 20 square feet, then the RRP Rule applies. However, if the removal activity could be performed in such a way that does not disturb 20 square feet of painted surface, then the RRP Rule would not apply.

EPA recognizes that this may be difficult to determine in advance of the renovation activity. However, the renovator is the person with the expertise and experience to make this determination on a case-by-case basis. In such a situation, a renovator should consider how factors like the condition of the underlying paint or the chosen method of removal may increase or decrease the likelihood for a disturbance of paint. If there is still uncertainty, EPA recommends that renovators err on the side of caution and be prepared to contain any dust and debris.

Question Number: 23002-32207

Does the RRP Rule apply to simple painting activities that occur when rental properties turn over? Approximately half of the rental units in the country get new tenants each year. This means a large number of properties are being repeated.

If there is no surface preparation that disturbs the existing paint prior to painting, the RRP Rule does not apply. If you disturb paint by scraping or sanding while preparing the surface, the RRP Rule applies.

Question Number: 23002-15692

Does the RRP Rule apply where no paint at all is present, such as in a 100 year old unfinished basement?

No. The RRP Rule applies to activities that result in the disturbance of painted surfaces. Where there is no paint to disturb, the RRP Rule does not apply.

Question Number: 23002-15696

Definition of "Renovation"

What is a renovation?

The RRP Rule covers activities that modify an existing structure and that result in the disturbance of painted surfaces. All types of repair, remodeling, maintenance, modernization, and weatherization projects are covered, including projects performed as part of another federal, state, or local program, if the projects meet the definition of ‘‘renovation’’. The term “renovation” includes (but is not limited to):

Removing, modifying or repairing painted surfaces or painted components. Examples include modifying painted doors, surface restoration, window repair, and surface preparation activity like sanding and scraping that may generate paint dust.
Removing building components such as walls, ceilings, plumbing or windows.
Weatherization projects such as cutting holes in painted surfaces to install blown-in insulation or to gain access to attics or planning thresholds to install weather-stripping.
Interim controls that disturb painted surfaces.

The RRP Rule only applies to persons who perform renovations for compensation.

Question Number: 23002-22108

What is a “whole house gut rehabilitation project” for RRP Rule purposes? If target housing has, at some point after 1978, been gut-rehabbed, would the RRP Rule apply to subsequent renovations on the property?

The phrase “gut rehabilitation” may have different meanings across the construction industry. EPA, however, used the phrase “whole house gut rehabilitation” in a very limited sense to describe only those activities that demolish and rebuild a structure to a point where it is effectively new construction. At a minimum, these activities include the removal and replacement of all interior and exterior painted surfaces, including windows. The term should not be confused with a comprehensive renovation as described in FQ 23002-23415.

If an activity meets these narrow criteria (i.e., if a firm demolishes and rebuilds a structure to the extent that it is effectively new construction), then the activity is not a renovation for purposes of the RRP Rule and therefore not subject to any RRP requirements.

If, after 1978, target housing has been demolished and rebuilt to the extent that it is effectively new construction, subsequent renovations on the property would also not be subject to the RRP Rule. In other words, if target housing has been demolished and rebuilt to the extent that it is effectively new construction, it is no longer target housing. Conversely, if only a portion of the target housing has undergone a post-1978 modification (e.g., an overhaul of a kitchen or bathroom), then a subsequent renovation would still be covered under the RRP Rule.

Question Number: 23002-18426

What RRP requirements apply to a comprehensive renovation project involving the removal and replacement of all interior painted surfaces from target housing or a child-occupied facility?

A project that involves the removal and replacement of all interior painted surfaces but leaves all exterior painted surfaces intact is considered a renovation for RRP purposes. Therefore, all requirements of the RRP Rule apply including, but not limited to, those for firm and renovator certification, containment, waste disposal, cleaning and verification, and recordkeeping. The type of activity described in the question should not be confused with a “whole house gut-rehabilitation project” that effectively results in new construction as discussed in FQ 23002-18426.

EPA has recognized the fact that there may be circumstances where it is impossible for firms to meet all of the requirements under the RRP Rule. To the extent that performance of an RRP requirement would be impossible, the firm is excused from compliance. However, impossibility of one work practice does not excuse a firm from complying with other requirements. EPA further recommends that the firm document and keep records of the specific circumstances surrounding the impossibility.

With respect to the comprehensive renovation activities described in the question, impossibilities may be more prevalent. For example, during removal of a floor, covering the floor surface with taped-down plastic sheeting as required by 40 CFR 745.85(a)(2)(i)(D) would be impossible. As described above, the firm would be excused from this requirement. Nevertheless, the firm must still ensure that the work area is properly contained. Windows, doors and ducts in the work area must be closed and covered. Precautions must be taken to ensure that all personnel, tools, and other items are free of dust and debris before leaving the work area. At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris and disposed of properly.

Following the renovation, the work area must also be cleaned until no dust, debris or residue remains. If no more painted surfaces will be disturbed, then cleaning may take place after either removal of all components, or after all new surfaces have been installed. Further, should cleaning or verification be impossible to achieve (for example, due to the nature of the surfaces), a firm must still make their best effort to collect and remove all paint chips, dust, debris and residue. See FQ 23002-15872.

Question Number: 23002-23415

Are Department of Energy weatherization projects covered under the RRP Rule?

The RRP Rule defines “renovation” to include weatherization projects such as cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, and planing thresholds to install weather stripping. Other types of weatherization projects, such as window replacement, are also be covered if they fall within the definition of “renovation.”

Question Number: 23002-13885

When a home or an apartment unit is repainted in preparation for a new tenant, is the painting activity always considered a “renovation” for purposes of the pre-renovation education requirements even if no surface preparation activity is performed prior to painting?

No. The primary determinant of whether a given activity constitutes a “renovation” under the RRP Rule is whether that activity disturbs a painted surface. The practice of recoating painted surfaces in preparation for new tenants would not constitute “renovation” unless accompanied by activities that disturb the painted surface and create paint dust such as sanding, scraping, or other surface preparation activities. Minor “spot” scraping or sanding can be considered “minor repair and maintenance activities” if no more than six square feet of paint is disturbed in any room or no more than 20 square feet of paint on any exterior to be painted, and the work does not involve practices prohibited by the Rule, such as power sanding without a high-efficiency particulate air (HEPA) filter attachment. Washing walls or other components prior to painting likely would not result in disturbance of painted surface.

Question Number: 23002-15670

If I am painting a wall on which there are multiple coats of latex paint over the old lead-based paint and the paint is not peeling down to the lead paint level must I comply with the RRP Rule?

Yes, if the painted surface of the wall will be disturbed by the renovation.

Question Number: 23002-18485

Does the RRP Rule apply to demolishing and disposing of 1) an entire pre-1978 home or building, 2) an entire, non-attached free-standing structure on the same property such as a garage, shed, or gazebo, or 3) an attached but segregated section of pre-1978 home or building such as a sunroom, addition, two-story porch, or garage attached by a breezeway?

The RRP Rule covers renovations, which are defined as modifications of existing structures or portions of structures. The rule does not apply to demolitions of an entire free-standing building or structure.

The RRP Rule does apply to renovation activities that modify portions of existing structures. Waste from these activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris.

When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris.

Question Number: 23002-15680

Can you list specific activities deemed a disturbance of painted surfaces?

As a general matter, EPA believes that activities that create dust or paint chips are activities that disturb paint. There is no definitive list of activities that disturb painted surfaces. Some examples of activities that can disturb painted surfaces include, but are not limited to:

Making cut-outs in walls
Replacing a window from the inside or outside
Removing paint with a heat gun
Scraping paint
Removing kitchen cabinets
Removing paint by abrasive sanding
Removal of large structures, including demolition of interior plaster walls
Window replacement
HVAC repair or replacement, including duct work
Repairs resulting in isolated small surface disruptions, including drilling and sawing into wood and plaster.
Scuff-sanding

Question Number: 23002-14867

My firm was hired to scrape and repaint siding on a pre-1978 home. The siding is relatively new and was installed after 1978, but was nailed over top of the old lead-based exterior paint. Does RRP Rule apply?

Yes. The RRP Rule applies to a renovation in target housing unless it has been determined that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligram per square centimeter (mg/cm2) or 0.5% by weight. Even though you may only disturb paint on the new siding, the RRP Rule applies unless a trained and certified person determines that lead-based paint is not present on the surfaces being disturbed. This determination must be made by a certified inspector, risk assessor or certified renovator using an EPA-recognized lead test kit or paint chip sampling and lab analysis. Certified inspectors or risk assessors may also use additional testing methodologies (i.e., XRF analysis, etc.) allowed under their certifications. See 40 CFR 745.82(a)(1). Certified inspectors and risk assessors may determine that a component does not contain lead-based paint because it has been replaced or installed after 1978.

If the certified inspector, risk assessor or renovator determines that lead-based paint is not present, the determination must be documented in accordance with the recordkeeping and reporting requirements of 745.86(b)(1)(ii) and (iii), and 745.86(a) and (c), but the requirements of the RRP Rule do not otherwise apply. See FQ 23002-18220.

Question Number: 23002-18541

My firm is removing and replacing a furnace. The surface area of the old furnace exceeds six square feet. Does the RRP Rule apply to this activity?

The RRP Rule applies to modifications of an existing structure, or portions thereof, that result in the disturbance of painted surfaces. Fixtures such as furnaces, radiators and heating elements, as opposed to personal property, are part of existing structures for RRP purposes.

In this case, if the surface coating of the furnace will not be disturbed when the furnace is removed, then the RRP Rule does not apply. If the surface coating will be disturbed, then the RRP Rule applies absent a determination pursuant to 40 CFR 745.82(a) that the furnace is free of lead-based paint.

Question Number: 23002-15683

If a homeowner removes all the painted surfaces in a room and then hires a certified firm to remodel the room, does the renovator need to follow the RRP Rule?

No. Projects that do not disturb a painted surface are not subject to the RRP Rule.

Question Number: 23002-18301

My firm replaces garage doors. We unbolt the door from its hardware and remove it without penetrating, scraping, or removing paint. Is this work subject to the RRP Rule?

If unbolting and removing the door does not disturb a painted surface in the hinges, door, or frame, the RRP Rule does not apply. For more information on what types of activities disturb paint, go to FQ 23002-14867.

Question Number: 23002-19760

Are renovations that disturb stucco subject to the RRP Rule? Does it matter whether the stucco has been painted?

The RRP Rule applies to work that disturbs painted surfaces. Therefore, renovations that disturb stucco are subject to the RRP Rule only if the stucco has been painted.

Question Number: 23002-14025

When installing a roof, my firm does not create dust by directly sanding or cutting painted surfaces, but we do hammer the unpainted side of the lumber from above. Does the RRP Rule apply to this work?

The RRP Rule applies to work that disturbs painted surfaces. If hammering painted components, even on the unpainted side, disturbs paint, creating dust or chips, the RRP Rule applies.

Question Number: 23002-23787

Does the RRP Rule apply to removing a roof that is not painted?

The RRP Rule applies to work that disturbs painted surfaces. Where there is no paint to disturb, the RRP Rule does not apply.

Question Number: 23002-15689

My firm installs replacement doors. We simply remove the hinge bolts, unscrew and remove the hinges, and install the new door and hinges. We may disturb paint on the hinges and bolts but no other painted surface. Is this work subject to the RRP Rule?

Because doors are not cut-outs, the entire surface area is not counted for purposes of calculating the six square feet threshold of minor maintenance and repair—unless removing the door also disturbs any paint on the door (e.g., because of the deteriorated condition of the paint or any dust-generating activities). Therefore, if unbolting and unscrewing a door disturbs paint only on the bolts, screws and/or hinges, but does not otherwise disturb a painted surface on the door, frame, trim or surrounding walls, then the activity likely disturbs less than six square feet of painted surface and would not be subject to the RRP Rule.

Question Number: 23002-19751

My firm has been hired to replace windows in a home built before 1978. The existing windows are mil-finish (i.e., not painted) aluminum. We plan to use the "insert" method of replacement where we remove the existing sash and attach the new window's frames inside the old frames. Because we will not disturb a painted surface, is this activity subject to the RRP Rule?

No. The activity described above does not disturb a painted surface. Therefore, the requirements of the RRP Rule do not apply.

Question Number: 23002-31781

Minor Repair & Maintenance Activities

If a renovator disrupts six square feet or less of painted surface per room in several rooms inside one property, does the RRP Rule apply?

No, as long as no prohibited work practices are used and the work does not involve window replacement or demolition of painted surfaces. The exception to the RRP Rule for work that disrupts six square feet or less of painted surface applies to each individual room and is inclusive of all work done in the room in any 30-day period.

Question Number: 23002-18381

If a renovator disrupts 20 square feet or less of painted surface per side on several sides of the exterior of one property, does the RRP Rule apply?

Yes. To qualify for the exception for minor repair and maintenance activities, the total amount of exterior paint disrupted must be 20 square feet or less. In addition, the job must not use prohibited practices or involve window replacement or demolition of painted surfaces.

Question Number: 23002-18379

My firm installs carpets. Sometimes there is no need to remove an existing carpet before installing the new carpet, but sometimes there is. How do I know when I need to comply with the RRP Rule?

If when installing the carpet, you disrupt six square feet or less of painted surface per room, the job is not covered by the RRP Rule.

Question Number: 23002-19749

If I am insulating a multi-family building, does the standard for interiors of six square feet or less of disrupted painted surface, or the standard for exteriors of 20 square feet or less of disrupted painted surface apply to the whole building or can it be applied to each separate unit?

For interiors, the exception for work that disrupts six square feet or less of painted surface applies to each individual room and is inclusive of all work done in the room in any 30-day period. For exteriors, to qualify for the exception for minor repair and maintenance activities, the total amount of exterior paint disrupted must be 20 square feet or less. In addition, the job must not use prohibited practices or involve window replacement or demolition of painted surfaces.

Question Number: 23002-18484

Does the minor maintenance exception mean that if I drill one-inch holes in a painted surface to blow insulation into an enclosed wall cavity, I could drill 864 holes in the interior or 2,880 holes on the exterior before I had to comply with the RRP Rule? Or does it mean that the work is covered by the RRP Rule once I insulate more than six square feet of interior wall area (basically one hole) or more than 20 square feet of exterior wall area?

The exception is based on the area of paint disrupted, which in this example is based on the combined areas of the holes drilled in the wall.

Question Number: 23002-15677

If an electrician or plumber, working in a different room from the contained renovation project, needs to drill or cut a hole six square feet or less in size to chase a wire or pipe, does the RRP Rule apply to that work?

As long as six square feet or less of painted surface in that room is disrupted with 30 days, including the work done by the electrician or plumber, and the job does not use prohibited practices or involve window replacement or demolition of painted surfaces, the minor repair and maintenance exception to the RRP Rule applies.

Question Number: 23002-18429

If a renovator removes less than six square feet of crown molding, is that considered demolition? Does it matter whether the molding will be discarded, replaced with new molding, or reinstalled?

It depends on how the molding is removed. If a renovation activity removes or otherwise disrupts a painted component in a way that destroys or ruins the component, the activity is a demolition.

Question Number: 23002-18383

If I use a hammer to make a hole is a wall that is two feet on each side, does the RRP Rule apply?

Yes. Although making the hole disrupts less than six square feet of painted surface, using a hammer to make the hole is demolition of the surface, so the minor repair and maintenance exception does not apply. Making the hole using a cut-out technique that does not destroy the section of the wall that is removed is not demolition, and the minor repair and maintenance exception would apply.

Question Number: 23002-18515

My company installs new or replacement seamless gutters. We install the gutters using self-tapping screws and the cumulative size of the total number of holes is only a couple of square inches. If the job does not involve sanding, scraping, repainting, repair, replacement or reconditioning of the fascia surface, is it covered by the RRP Rule?

Minor repair and maintenance activities are not subject to the requirements of the RRP Rule. For exterior renovations, minor repair and maintenance activities are those activities that disrupt 20 square feet or 29 less of painted surface, and do not use prohibited practices or involve window replacement or demolition of painted surfaces.

If the job described, when combined with other renovation work on the exterior of the building, does not disrupt more than 20 square feet of painted surface, and does not use prohibited practices or involve window replacement or demolition of painted surfaces, it is a minor repair and maintenance activity that is not subject to the requirements of the RRP Rule.

Question Number: 23002-19724

Is replacing a pane of glass or fixing a broken window balancer a renovation covered by the RRP Rule?

It depends. Replacing a pane of glass or fixing a broken window balancer can disturb paint. If the job disrupts more than six square feet of painted surface per room, the job is not considered minor repair and maintenance and it is covered by the RRP Rule. When removing a component, calculate the six square foot area based on the surface area of the component.

Question Number: 23002-19163

Does drilling holes in window frames to install window treatments such as shades and shutters qualify as minor repair and maintenance?

Yes, as long as the installation does not disturb more than six square feet of painted surface per room within a 30-day period.

Question Number: 23002-15404

As a floor covering installer, I use an undercut saw to remove a small amount of wood at the bottom of baseboards and door casings. I am only disturbing the paint in the 1/8 inch cut of the blade. How do I calculate the area of the paint that is affected for purposes of the minor repair and maintenance provision?

A job is considered minor repair and maintenance, rather than a renovation covered by the RRP Rule, if it disrupts six square feet or less of painted surface per room in a 30-day period. Calculate the area of painted surface disrupted based on the surface area of the component that is disrupted. For example, cutting a 1-inch strip off a door that is 36 inches wide would disrupt 36 square inches of painted surface, regardless of the width of the cut made by the saw blade.

Question Number: 23002-14294

When replacing an old wood door and frame with a new steel entry door and frame, how do I determine whether the job qualifies as a minor repair and maintenance activity? Do I calculate the amount of painted surface disrupted using the standard for interior renovations (six square feet or less in the room where the door is located) or for exterior renovations (20 square feet or less)?

If replacing the door and frame disrupts more than six square feet of interior painted surface in the room where the door is located, or more than 20 square feet on the exterior of the building, the job does not qualify as a minor repair and maintenance activity, and the RRP Rule applies. Calculate the area of painted surface disrupted based on the surface area of the component that is disrupted. In addition, to qualify as a minor repair and maintenance activity, the job must not use prohibited practices or involve window replacement or demolition of painted surfaces.

Question Number: 23002-23857

My firm removes and replaces garage doors made up of multiple panels, each of which has an exterior painted surface area of <20 square feet. If we disturb the paint on just one of the door panels, is that activity subject to the RRP Rule?

An activity that disturbs less than 20 square feet of exterior painted surface and otherwise meets the definition of minor repair and maintenance is not subject to the RRP Rule. However, the RRP Rule provides that when removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed.

In this case, application of the RRP Rule is dependent on how much of the garage door your firm intends to remove and replace. If you disturb a painted surface on a single panel while removing and replacing the entire garage door (i.e., all the panels), you must aggregate the surface area of all the panels. Similarly, if you disturb a painted surface on a single panel while removing and replacing more than one panel, you must aggregate the surface area of those panels being removed to determine whether or not the RRP Rule applies. If, however, you disturb a painted surface on a single panel while removing and replacing only that panel, and the activity disturbs less than 20 square feet of exterior painted surface and otherwise meets the definition of minor repair and maintenance (e.g., not demolition or using prohibited practices), such an activity would be considered minor repair and maintenance, and therefore would not be subject to the RRP Rule.

Question Number: 23002-31779

How will EPA interpret the term “minor repair and maintenance activities.”? Is the replacement of a window measuring less than six square feet considered minor repair and maintenance? If I use a torch to burn off less than 20 square feet of paint on exterior fixtures, is that considered minor repair and maintenance? What does EPA mean by demolition? How is the size of the disrupted surface calculated? If I sand five square feet of paint on one wall on one day, and five square feet on a different wall in the same room on the next day, are both projects considered minor repair and maintenance?

“Minor repair and maintenance” is defined in 40 CFR 745.83 as activities that disrupt less than six square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas. Even if an entire window measures less than six square feet, the replacement of any size window is a renovation, not minor repair and maintenance, because it is specifically excluded from the definition of “minor repair and maintenance.” Similarly, because torch burning is prohibited by 745.85(a)(3), no activity involving torch burning can be considered minor repair and maintenance. For the purposes of the definition of minor repair and maintenance, EPA considers demolition to be an activity that removes or otherwise disrupts a painted component in a way that destroys or ruins the component.

The definition of “minor repair and maintenance” provides some guidance on how to measure the surface disrupted: “When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed.” In other cases, when painted surfaces are being disturbed or disrupted, but not completely removed, the disrupted surface area is the area being actively disturbed. For example, when spot sanding to prepare a surface for painting, the area of the surface that was actually sanded is the surface area disrupted.

Finally, the definition of “minor repair and maintenance” states that “jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.” Therefore, sanding five square feet of paint in the same room on two different days within the same 30-day period must be considered the same job, which would be a renovation because it does not meet the definition of “minor repair and maintenance.”

Question Number: 23002-32366

Renovations for Compensation

Is work done by friends, a brother-in-law or volunteers covered by the RRP Rule if no one is compensated?

No. The RRP Rule only applies to renovations performed for compensation. Compensation includes pay for work performed, such as that paid to contractors and subcontractors; wages, such as those paid to employees of contractors, building owners, property management companies, child-occupied facility operators, state and local government agencies, and non-profits; and rent for target housing or public or commercial building space.

Even if you are not required to comply with the RRP Rule, it is important to be aware that renovation activities can create hazardous lead dust and chips. The key to protecting yourself and your family during renovation is to use lead-safe work practices. Information on these practices is available in the EPA Small Entity Compliance Guide to Renovate Right (available in English and Spanish).

Question Number: 23002-32214

My non-profit home repair organization performs renovations using mostly volunteers. We do some painting and scraping but we do mostly roof repair and interior work (bathrooms, kitchens, etc.). Obviously, we want to be in compliance with the law and we want our volunteers, staff and homeowners to be safe. Equally, we want to make sure that we are able to continue to offer this valuable service to our community. Is my organization’s work covered by the RRP Rule?

The RRP rule covers renovations performed for compensation. If the organization is compensating anyone for the work (for example, a paid supervisor), then the renovation is covered by the RRP Rule. This is the case even though the organization has non-profit status.

The organization may also need to become certified as a firm. An organization that performs, offers, or claims to perform renovations covered by the RRP Rule must be certified by EPA. A non-profit organization that offers to renovate the property of a third party for compensation, or that performs the renovation, must be certified as a firm. The organization must comply with all the requirements of the rule that apply to firms performing renovations. This includes having a certified renovator direct the work and provide on-the-job training to all uncertified workers, including volunteers.

Question Number: 23002-19773

How does the RRP Rule affect the work of non-profit or not-for-profit groups? Does the rule apply, for example, to church groups who, as part of their missionary work, are making improvements for low-income residents?

The RRP Rule applies to renovations performed for compensation. Compensation includes pay for work performed, such as that paid to contractors and subcontractors; wages, such as those paid to employees of contractors, building owners, property management companies, child-occupied facility operators, state and local government agencies, and non-profits; and rent for target housing or public or commercial building space. Donations, including donations of materials or of the time of volunteers, are not compensation. If the organization is compensating anyone for the work (for example, a paid supervisor), then the renovation is covered by the RRP Rule. This is the case even though the organization has nonprofit or not-for-profit status.

Question Number: 23002-17957

If a renovator is only reimbursed for materials, would that be considered compensation?

No. Compensation includes pay for work performed, such as that paid to contractors and subcontractors; wages, such as those paid to employees of contractors, building owners, property management companies, child-occupied facility operators, state and local government agencies, and non-profits; and rent for target housing or public or commercial building space. Reimbursement for the cost of materials is not compensation.

Question Number: 23002-18382

When repainting rental housing, if the landlord supplies the paint and materials, and the tenant does the labor without receiving money, credit toward rent, or other compensation, does the RRP Rule apply?

No. The RRP Rule only applies to renovations performed for compensation.

Question Number: 23002-23856

My local community has formed a “Long Term Recovery Committee” to assist in the rebuilding and recovery efforts following a natural disaster. The committee, which is a coalition of member agencies from the faith community, nonprofit agencies, government programs, businesses and individual donors, gathers monetary and material donations and provides assistance to families with unmet needs via volunteer work crews and/or contracted skilled labor. Are the rebuilding and recovery efforts organized by this committee subject to the RRP Rule?

It depends. Renovation activities that are performed for free by committee volunteers are not covered under the RRP Rule because they are not “renovations performed for compensation.” Donations, such as donations of materials or of the time of volunteers, are not compensation. Conversely, renovation activities that are performed by renovators or firms who are compensated for their services are subject to all requirements under the RRP Rule. This applies if the committee is compensating anyone for the work (for example, a paid supervisor), even if the committee has non-profit or not-for-profit status.

Question Number: 23002-19765

I have a for-profit business where I purchase residential properties and renovate them. I initially try to rent the property, but if I can’t find tenants, then I try to sell the property. I pay for and perform all of the work myself, and keep all profits from the sale or lease. Is this type of renovation work on pre-1978 properties covered by the RRP Rule?

Yes. Individuals who buy, renovate and sell pre-1978 residential properties for a profit (i.e., house flippers) or lease pre-1978 residential properties (i.e., landlords), and do the renovation work themselves, are performing renovations for compensation and are therefore subject to all requirements under the RRP Rule. You must be a trained and certified renovator in order to perform the work and certified as a Lead-Safe Certified Firm. See FQ 23002-18512 for more information related to landlords performing their own renovations in pre-1978 housing.

Similarly, businesses that buy, renovate and sell pre-1978 residential properties and use their own employees to do the renovation work are performing renovations for compensation and are subject to all requirements under the RRP Rule. The business must be a Lead-Safe Certified Firm, and employ at least one certified renovator to perform the covered renovations.

However, individuals or businesses that buy, renovate and sell pre-1978 residential properties (i.e., flip houses) do not need to be certified if they hire an outside renovation firm to perform all the work. The outside renovation firm hired must be a Lead-Safe Certified Firm, perform the renovation using a trained and certified renovator, and is otherwise responsible for meeting all work practice and recordkeeping requirements.

Question Number: 23002-32412

Target Housing

How does a firm or renovator document or confirm the age of the structure? Is a signed statement by the occupant sufficient? Can publicly available information such as tax records, etc. be sufficient?

Renovation firms are responsible for determining the age of the property. The property owner is likely to be a good source of information on the age of a home or other building, but the firm may not rely on the statement of the property owner as to the construction date of the building if there is evidence to the contrary. If in doubt, renovation firms can use tax assessments, property records, and similar information to determine the date of construction. Finally, the renovation firm may always assume that a home or child-occupied facility was constructed before 1978.

Question Number: 23002-17116

Does the term "target housing" mean just low-income housing, or any home built before 1978 regardless of the financial status of the occupants?

“Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any zero-bedroom dwelling (unless any child who is less than six years of age resides or is expected to reside in such housing). The income of the occupants of the housing is not relevant.

Question Number: 23002-15716

I understand that the RRP Rule does not apply to housing for the elderly. Does this term refer to specific built houses in 55+ communities or does it refer to all residential homes with this demographic living there?

"Housing for the elderly" means retirement communities or similar types of housing reserved for households composed of one or more persons 62 years of age or more at the time of initial occupancy. Housing for the elderly is not subject to the RRP Rule unless a child who is less than six years of age resides or is expected to reside in the housing.

Question Number: 23002-18146

I understand that the RRP Rule does not apply to dormitories. Does the rule apply to a unit of student housing made up of two bedrooms, a living room, and kitchen?

Yes. While the RRP Rule does not apply to zero-bedroom housing, unless any child who is less than six years of age resides or is expected to reside in such housing, the type of housing described is not zero-bedroom housing. Zero-bedroom housing means a residential dwelling in which the living area is not separated from the sleeping area. Examples include efficiencies, studio apartments, and dormitory housing. In the example given, the bedrooms provide sleeping areas that are separate from the living area, so the housing does not meet the definition of zero-bedroom housing and the RRP Rule applies.

Question Number: 23002-18144

I am a contractor a couple years from retirement and I am closing down my business. I do not plan to become certified under the RRP Rule. My understanding is that I can continue working on homes built after 1978?

The RRP Rule does not apply to renovations in housing built in 1978 or later.

Question Number: 23002-17978

Older hotels built before 1978 are knocking down walls, combining two hotel rooms, and making their units two-room or even three-room suites. Does the RRP Rule apply when one-room units are converted to two-room suites?

Yes. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation for purposes of the RRP Rule.

Hotel suites that provide a sleeping area that is separate from the living area are covered by the RRP Rule because they are not zero-bedroom dwellings. A zero-bedroom dwelling is a residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks, and rentals of individual rooms in residential dwellings. The RRP Rule does not apply to zero-bedroom housing, unless any child who is less than six years of age resides or is expected to reside in such housing.

Question Number: 23002-19840

What is "housing for persons with disabilities"?

“Housing for persons with disabilities” means housing that is designed to meet the special needs of persons with disabilities and that is reserved for such persons. A person with a disability may include a person who has a disability attributable to a mental or physical impairment, or a person with a chronic mental illness. EPA recommends that you check with state or local housing authorities if it is unclear whether a particular property meets this definition.

Question Number: 23002-22024

What is a studio apartment?

A studio apartment is an apartment in which the living area is not separated from the sleeping area.

Question Number: 23002-22148

If a renovation is taking place in a home built in 1950, but in an addition that was built in 1980, does the RRP Rule apply to the renovation?

For purposes of the RRP Rule, only a certified renovator, inspector or risk assessor can make this determination. Certified renovators must base their findings on the results of an EPA-recognized lead test kit or paint chip sampling. See 40 CFR 745.82(a)(2) and (3). Certified inspectors or risk assessors may also base their findings on the results of an EPA-recognized lead test kit, or can use the additional testing methodologies (ex. XRF analysis, etc.) allowed under their certifications. See 40 CFR 745.82(a)(1). Notably, certified inspectors and risk assessors may determine that a component does not contain lead-based paint because it has been replaced after 1978.

Any firm performing paint chip sampling or testing for the presence of lead-based paint for RRP purposes must keep a copy of the written determination and make the records available to EPA if requested.

Question Number: 23002-18378

Are renovations in short-term lodgings, such as hotels and motels, time share properties, and homeless shelters built before 1978, covered by the RRP Rule?

Yes, if the property renovated is not a zero-bedroom dwelling, or if it is a zero-bedroom dwelling where any child who is less than six years of age resides or is expected to reside. A zero-bedroom dwelling is a residential dwelling in which the living area is not separated from the sleeping area. The term includes efficiencies, studio apartments, dormitory housing, military barracks and rentals of individual rooms in residential dwellings.

The short-term nature of a property's occupancy does not in itself exempt it from the RRP Rule.

Question Number: 23002-14024

Does the RRP Rule apply to renovations in mobile homes?

Yes, if the mobile home meets the definition of target housing. “Target housing” is any housing constructed before 1978, except housing for the elderly or persons with disabilities or any zero-bedroom dwelling (unless any child who is less than six years of age resides or is expected to reside in the housing). A zero-bedroom dwelling is a residential dwelling in which the living area is not separated from the sleeping area.

Question Number: 23002-15690

Are renovations performed on detached garages, sheds and other detached outbuildings on the property subject to the RRP Rule?

Yes. EPA interprets target housing to include pre-1978 buildings or structures that are (1) located on the residential portion of the property, and (2) associated with the residential use of the property. As a practical matter, the entire property of most urban and suburban residential lots is normally considered to be associated with residential use.

In the case of real property that is used for nonresidential as well as residential purposes, a judgment should be made as to which part of the property is associated with residential use. For example, if the structure is in such close proximity that the renovation would pose a risk to those using the property for residential purposes, the structure would be considered associated with the residential use of the property and the RRP Rule would apply.

Question Number: 23002-31782

My firm plans on doing renovation work on a storage building which is detached from, but a part of, an apartment complex. The apartment complex was constructed prior to 1978 and would be considered target housing. The storage building, however, was constructed after 1978. Will our work on the storage building be covered under the RRP Rule?

The RRP Rule does not apply to renovations of a detached post-1978 building or structure, even if the building or structure is located on the residential portion of the property or associated with the residential use of the property.

Question Number: 23002-31783

Are prison facilities and juvenile detention centers built before 1978 considered target housing?

Target housing means housing constructed prior to 1978. Certain parts of prison facilities and juvenile detention centers that house incarcerated persons are housing. However, as a practical matter, EPA believes that the most parts of prisons and juvenile detention centers that would be considered housing are also zero bedroom dwellings (i.e. a residential dwelling in which the living area is not separated from the sleeping area) and therefore not subject to the RRP Rule unless a child who is less than six years of age resides or is expected to reside in such housing.

Question Number: 23002-32492

Does zoning affect the target housing determination? For example, would a pre-1978 house that is zoned for commercial or office use, but used for residential purposes be considered target housing?

In determining whether a pre-1978 property is target housing, it is the actual or intended use of the property that matters, not its zoning classification. Therefore, a pre-1978 house that is used or intended to be used as a residence, even if only temporary, is target housing regardless of its zoning classification. The actual or intended use of a property is often made apparent by the type of building features it contains. Residential use, for example, is likely when the building contains a kitchen, bathroom(s), bedroom(s), living room, etc.

Question Number: 23002-32518

How would RRP classify a pre-1978 property that is used for both residential and non-residential purposes? For example, would the RRP Rule apply to renovations in a pre-1978 house that is partially used as a residence and partially used as a legitimate commercial business?

EPA has interpreted target housing to include pre-1978 buildings or structures that are (1) located on the residential portion of the property, and (2) associated with the residential use of the property. In other words, if a portion of residential property is used for nonresidential purposes, the portion will nonetheless be considered target housing if it is associated with residential use. The portion would be considered associated with the residential use of the property if it is in such close proximity that the renovation would pose a risk to those using the property for residential purposes.

In the above example, if the room or structure containing the commercial business was (1) on the residential portion of the property, and (2) was in such close proximity to the residential use of the property that a renovation would pose a risk to the residents, the room or structure would be considered target housing and the RRP Rule would apply.

Question Number: 23002-32519

Are sleeping areas in buildings built before 1978, such as those in fire and police stations, considered target housing?

Firehouses and police stations are not target housing. Therefore, places of temporary rest for employees in these buildings, such as sleeping rooms, are not subject to the RRP Rule.

Question Number: 23002-33291

How do the RRP requirements apply to renovations on a pre-1978 building that contains both multi-room apartments and zero-bedroom dwellings where no child under six years of age resides or is expected to reside?

In pre-1978 buildings that contain a mix of multi-room apartments and zero-bedroom dwellings, the RRP Rule applies only to renovations performed in target housing (multi-room apartments, and zero-bedroom dwellings if a child who is less than six years of age resides or is expected to reside in such housing) and common areas. Common areas are those portions of a property generally accessible to residents/users of target housing and can exist on both the interior and exterior of the building. They include, but are not limited to, hallways, stairways, laundry and recreational rooms, playgrounds, community centers and boundary fences.

Therefore, in a building that contains both multi-room apartments and zero-bedroom dwellings the RRP Rule applies to renovations in the multi-room apartments, as well as zero-bedroom dwellings where a child who is less than six years of age resides or is expected to reside in such housing, and those portions of the property that are generally accessible to all residents/users of the building. The RRP Rule does not apply to work performed in the zero-bedroom dwellings if a child who is less than six years of age does not reside nor is expected to reside in such housing.

Question Number: 23002-33649

Child-Occupied Facilities

Is a health care facility or hospital covered under the RRP Rule if it meets the definition of a child-occupied facility?

Yes. The RRP Rule defines a child-occupied facility as a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours.

Question Number: 23002-18778

If a building contains a child-occupied facility, must all renovations in the building follow the RRP Rule?

Not necessarily. “Child-occupied facility’’ means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least three hours and the combined weekly 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, childcare centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings.

Areas of a building that fall outside this definition are not “child-occupied facilities” for purposes of the RRP Rule.

Question Number: 23002-18212

What is the definition of a child under 6 years of age?

A child under six years of age is a child that is less than 72 months old.

Question Number: 23002-22691

A child’s consecutive visits to a particular building (such as a hospital) can technically qualify that building as a child-occupied facility, even if the visits were an isolated event. How long does such a building remain a child-occupied facility?

A building, or portion of a building, is defined as a child-occupied facility when visited regularly by the same child, under six years of age, on at least two different days within any week, provided that each day’s visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. The determination of whether a building is a child-occupied facility (i.e. whether a child under age six regularly visits the building as set forth above) requires an accounting of annual visits. Therefore, whenever a building meets the definition of a child-occupied facility, it remains so for at least a period of one year. After that period, it may be determined that the building no longer meets the definitions of a child-occupied facility

Question Number: 23002-13611

What is a child-occupied facility?

A child-occupied facility is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may be located in public or commercial buildings or in target housing. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

Question Number: 23002-33342

Testing Painted Components

Is a lead-based paint inspection, performed by a certified inspector or risk assessor, that includes a written determination that various building components are free of paint or other surface coatings containing lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight sufficient to determine compliance with requirements of the RRP Rule?

The RRP Rule does not apply to target housing where a certified inspector or risk assessor has determined that the components affected by the renovation are free of regulated lead-based paint or that a property is free of lead-based paint for the purposes of the Lead Disclosure Rule.

The RRP Rule does not require certified inspectors or certified risk assessors to test each and every component that will be affected by a renovation. Certified inspectors or risk assessors are free to conduct representative sampling, so long as the components to be tested are chosen in accordance with documented methodologies, such as the HUD Guidelines. However, because certified renovator training does not cover representative sampling protocols, certified renovators using EPA-recognized lead test kits or performing paint chip sampling to determine the applicability of the RRP Rule must test each and every component that will be affected in order to determine that the RRP Rule does not apply to a particular renovation.

Question Number: 23002-18782

I am an owner/agent for an apartment community built prior to 1978. In 2004, testing of a random sample of units was completed by a certified testing firm. The results were negative for lead paint but positive for lead dust. With the positive lead dust result, are we required to comply with the RRP Rule?

No. As long as the determination that the units are free of lead-based paint was made by an inspector or risk assessor certified by EPA or by an authorized state or Tribal program, renovations in the building are not covered by the RRP Rule.

Question Number: 23002-18015

When testing a property for the presence of lead prior to beginning a renovation using an EPA-recognized lead test kit, must I test every component affected by the renovation?

Yes. Because certified renovator training does not cover sampling protocols, certified renovators using EPA-recognized lead test kits or performing paint chip sampling to determine the applicability of the RRP Rule must test each and every component that will be affected in order to determine that the RRP Rule does not apply to a particular renovation.

Question Number: 23002-32215

If a certified inspector or risk assessor determines that a component was installed post-1978 and is therefore free of lead-based paint, can the renovation firm rely on this determination?

Yes, as long as the renovation firm has obtained a copy of the determination. The firm must retain a copy of the determination for three years after completion of the renovation.

Question Number: 23002-18218

If a property is tested by a certified renovator, inspector, or risk assessor and found to be free of lead-based paint, does any testing need to be done again if work is done on the property several years later?

Where a certified renovator uses an EPA-recognized lead test kit or performs paint chip sampling to determine that a component is free of lead-based paint, or a lead-based paint free determination is made by a certified inspector or risk assessor, firms performing renovations on the same components may rely on these results as long as the records are still available. Lead-based paint free determinations by a certified inspector or risk assessor are valid for both the Real Estate Notification and Disclosure Rule and the RRP Rule and they do not expire.

Question Number: 23002-18347

I’m a certified renovator using an EPA-recognized lead test kit to determine whether or not I have to follow the RRP Rule lead-safe work practices. What components must test negative for lead-based paint in order to qualify for the exclusion in 40 CFR 745.82(a)(2)?

Generally, a certified renovator using an EPA-recognized lead test kit must test each building component to be disturbed. The only exception to this requirement is when the components make up an integrated whole. In such a case, one or more component(s) may represent a system of components, unless it is obvious to the renovator that the components have been repainted or refinished separately.

A staircase, for example, is made up of numerous repeating components which can be grouped together as integrated wholes for testing purposes. For these purposes, staircase components can be grouped into the following integrated wholes: (1) treads and risers, (2) balustrades, (3) newel posts, (4) railing caps, and (5) stringers. A single individual staircase component (e.g., a baluster) may represent the remaining staircase components of the same group (i.e., the rest of the balustrades on the staircase) unless it is obvious to the renovator that the components have been repainted or refinished separately. Therefore, where an entire staircase is to be disturbed, EPA believes it will be necessary to test five surfaces: one tread or riser, one balustrade, one newel post, one railing cap, and one exposed stringer. So long as it is not obvious that the components have been repainted or refinished separately, a negative test for lead-based paint on an individual staircase component in each of these groups would mean that a renovation on that particular staircase could be performed without regard to the RRP lead-safe work practices.

EPA also believes it appropriate to apply the integrated whole concept to windows and doors. For testing purposes, window and door components can be grouped into the following integrated wholes: (1) the window or door assembly and (2) the window or door trim. Window assembly components include the sashes, stops, head, jambs, sill or stool, and trough; door assembly components include the door slab(s), jambs, head, sill and threshold. As a practical matter, it is likely that interior and exterior surfaces of window and door assemblies were repainted or refinished separately and should be tested separately. Therefore, where both the window/door assembly and trim will be disturbed (e.g., a full-frame window/door replacement), EPA believes that it will be necessary to test four surfaces: one interior window/door assembly component, one interior window/door trim, one exterior window/door assembly component, and one exterior window/door trim. However, if you only disturb paint on the interior or exterior of a window then you only need to test the assembly and trim on that side. If it is not obvious that the components have been repainted or refinished separately, a negative test for lead-based paint on a component in each of these groups would mean that a renovation on that particular window or door could be performed without regard to the RRP lead-safe work practices.

NOTE: Each window, door and staircase to be disturbed must be separately tested, even if in the same room. Also, negative testing results must still be documented in accordance with the recordkeeping and reporting requirements of 745.86(b)(1)(ii) and (iii), and 745.86(a) and (c). See FQ 23002-18220.

Question Number: 23002-33377

Emergency Renovations

A home sustained flooding as a result of a hurricane. Once the flood water recedes, my firm must make the necessary renovations including tearing out wet drywall before mold begins to grow. How do the record keeping requirements apply to an emergency renovation? How should my firm fill out the record keeping checklist if not all of the requirements are followed?

Emergency renovations (other than interim controls performed in response to a child with an elevated blood lead level) are exempt from the training, certification, sign posting, waste handling and containment requirements of the RRP Rule only to the extent necessary to respond to the emergency. Firms must nonetheless comply with the cleaning requirements (performed by certified renovators and trained workers), cleaning verification (performed by certified renovators) and record keeping requirements of the RRP Rule.

The RRP Rule’s record keeping provision recognizes that records kept for an emergency renovation may very well differ from a more typical renovation. Specifically, if the renovation firm was unable to comply with all of the requirements of the RRP Rule due to an emergency, the firm must document the nature of the emergency and the provisions of the rule that were not followed, in addition to the other rule provisions that must be documented for an emergency renovation. For example, if the firm did not post warning signs or remove or cover all objects in the work area, it should clearly state in its records that these activities were not followed due to the emergency. With regard to the record keeping checklist, the firm should leave unchecked each task that was not performed due to the emergency. The documentation of the nature of the emergency and the work practices that were not followed may be written as a notation on the checklist, for example, or otherwise recorded (e.g., by attaching it to the checklist).

Although the emergency provision exempts certain RRP work practices, firms should perform as many of these lead-safe work practices as possible when conducting activities that must be immediately undertaken to respond to the emergency. For example, if the firm can contain the work area and still address the emergency, it should do so. Once the urgent safety and public health hazards and threats of significant property damage have been attended to (e.g., when the wet drywall is removed in the above scenario) the emergency provision can no longer be utilized and any additional renovation activities would be subject to all the requirements of the RRP Rule. Read more about post-disaster renovations and lead-based paint by visiting Post-Disaster Renovations and Lead-Based Paint.

Question Number: 23003-37000

What is an "emergency renovation" for purposes of the RRP Rule?

Emergency renovations are those performed in response to situations necessitating immediate action to address safety or public health hazards or threats of significant damage to equipment and/or property. The need for immediate action relieves firms from the pre-renovation education requirements. Likewise, emergency renovations are exempt from the warning sign, containment, waste handling, training, and certification requirements to the extent necessary to respond to the emergency. The cleaning, cleaning verification, and recordkeeping requirements still apply.

Once the portion of the repair that addresses the source of the emergency is completed, however, the justification for the exemption from the rule is no longer operative; therefore, any additional renovation activity needed to return the renovation work area to its pre-emergency condition would be subject to the requirements of the rule. Thus, for example, repairing a hole in a wall after a broken water pipe has been repaired would be subject to the rule, as would repainting any water-stained walls or ceilings resulting from the pipe break. Read more about post-disaster renovations and lead-based paint by visiting Post-Disaster Renovations and Lead-Based Paint.

Question Number: 23002-32367

How do I know if a child has an elevated blood lead level (EBLL) prior to my work if they haven't had their blood lead tested recently?

It is never the renovation firm’s responsibility to determine whether a child has an elevated blood lead level (EBLL).

Question Number: 23002-16822

Does the RRP Rule apply to contractors working on homes damaged by a hurricane or other natural disaster?

Damage from a major storm or other natural disaster could result in the need for emergency renovations. Certain requirements of the RRP Rule do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

The information distribution requirements do not apply to emergency renovations. Weather-based emergency renovations are also exempt from the warning sign, containment, waste handling, training, and certification requirements to the extent necessary to respond to the emergency. These emergency renovations are not exempt from cleaning requirements, cleaning verification requirements, or recordkeeping requirements. Read more about post-disaster renovations and lead-based paint by visiting Post-Disaster Renovations and Lead-Based Paint.

Question Number: 23002-15678

My company only does emergency renovation work. According to your guidelines, emergency projects are exempt from the warning sign, containment, waste handling, training, and certification requirements to the extent necessary to respond to the emergency. Emergency renovations are NOT exempt from the cleaning and cleaning verification requirements. Does this mean that my firm does not need to be certified and my company doesn't need a certified renovator? Does this also mean that my employees would only have to be trained on cleaning and cleaning verification guidelines?

No. Emergency renovations (other than interim controls performed in response to a child with an elevated blood lead level), are exempt from the training, certification, sign posting, waste handling and containment requirements of the RRP Rule only to the extent necessary to respond to the emergency. For example, most property management companies that do their own maintenance are likely to have at least one trained and certified renovator on staff to perform renovations, so these companies should be able to comply with the training and certification requirements on all renovations. A firm that performs only emergency renovation work by definition can anticipate the need to perform emergency renovations and should be able to comply with the training and certification requirements of the RRP Rule. Read more about post-disaster renovations and lead-based paint by visiting Post-Disaster Renovations and Lead-Based Paint.

Question Number: 23002-19734

Opt-Out Provision

What was the “opt-out” provision and when was it revoked?

On April 22, 2010, EPA issued a final rule revoking the opt-out provision of the 2008 RRP Rule. The rule was published in the Federal Register on May 6, 2010, and took effect on July 6, 2010.

As originally published in 2008, the RRP Rule allowed homeowners to "opt out" of the requirement to hire a trained renovator who follows the RRP work practices if the homeowner certifies that (1) the renovation will occur in the owner’s residence, (2) no child under age six or pregnant women resides there, (3) the housing is not a child-occupied facility, and (4) the owner acknowledges that the renovation firm will not be required to use the work practices contained in the RRP Rule.

Under the 2010 RRP Rule, homeowners are no longer permitted to “opt out” of having a renovation performed without the RRP work practices.

Question Number: 23002-32216