A Consumer s Guide to the New Lead Paint Regulations

Transcription

1 A Consumer s Guide to the New Lead Paint Regulations How to keep your family safe when you (or your contractor) remodel an older home by Matthew Teague and Martin Holladay

2 Contents Is lead safety really a concern? 3 Who the RRP affects 4 Testing for lead paint 5 What a certified contractor is and how to find one 5 What should it cost? 6 Set up a containment zone 6 Working outdoors has its own set of requirements 7 Use tools which create minimal dust 8 Clean up and verify cleanliness 8 If you do the work yourself 9 More information 10 2

3 A Consumer s Guide to the New Lead-Paint Regulations What you need to know before you remodel an older home New work rules established by the U.S. Environmental Protection Agency (EPA) cover remodeling work that disturbs surfaces at risk for having leadbased paint. The older the house, the more likely it is to have lead-based paint. Lead paint is common in homes built prior to the 1950s, but it continued to be sold until It s estimated that lead-based paint was used in more than 38 million homes before it was banned. If your home was built before 1978 and your remodel includes disturbing painted surfaces, then the rule applies. The first step is determining whether you have to worry about lead-safe practices at all. You can buy a simple kit that tests for the presence of lead or hire a certified contractor or painter to do the testing for you. If lead is present, hire contractors that have been trained and certified to handle lead-safety concerns, and then monitor the workplace to make sure they re following regulations. Don t stick your head in the sand. The Centers for Disease Control and Prevention estimate that more than 250,000 kids under 6 have elevated levels of lead in their blood. The Renovation, Repair and Painting (RRP) Rule took effect in April If you are doing the work yourself, this new rule doesn t require you to do anything differently, but if you have young kids (or if you are expecting some soon), you should follow lead-safe remodeling guidelines outlined at and outlined in this paper. Your contractor, however, is required to follow the rule and faces a stiff fine for noncompliance. Those who ignore the rule are subject to penalties of $37,500 per violation. Is lead safety really a concern? In your daily life, lead-based paint that is intact and undisturbed seldom poses a health risk. It causes problems only when it is ingested into the lungs or stomach eaten or inhaled. Unfortunately for remodelers, scraping, sanding, and various types of demolition all standard fare for most any remodel are almost certain to disturb lead paint. The chips can get on your hands and face, and dust becomes airborne where it can be easily inhaled. Although it is often invisible to the naked eye, dust is the most common way people are exposed to lead. Lead can also be present in soil or paint chips. Ingesting lead is also easier than you think; lead on your hands can easily make its way into your mouth when eating or smoking or through casual hand-to-mouth contact.

4 Although it s possible for adults to suffer lead poisoning which can cause high blood pressure and hypertension, among other things children under the age of 6 and pregnant women are at the greatest risk. If you ve ever met an infant or toddler, you know that anything that isn t nailed down can find its way into their mouth especially their hands. Lead can affect a child s brain and developing nervous system, causing a wide range of health problems ranging from behavioral and learning disabilities to seizures and death. According to the Center for Disease Control and Prevention (CDC), more than 250,000 children under the age of 6 have elevated levels of lead in their blood, and even children who appear healthy may have dangerous levels. In many cases, elevated blood levels are a direct result of renovation work that disturbed painted surfaces. The EPA estimates that each year, 1.4 million American children under the age of 6 live in homes that are being renovated. To ensure the health of your family, hire certified contractors, and whether you do the work yourself or have it done by certified contractors, make sure that lead-safe work practices are followed throughout the remodeling process. Who the RRP affects The RRP Rule applies to work that disturbs painted surfaces performed in any home or apartment built prior to January 1, While the RRP Rule doesn t apply to homeowners or occupants working in their own home or apartment, it does apply to the remodelers, painters, electricians, plumbers, and HVAC and other trade contractors you hire. According to the EPA, renovation includes any activity that disturbs painted surfaces, including most repair, remodeling, and maintenance activities, including window replacement. There are a few situations in which the RRP Rule does not apply: Work that disturb less than 6 sq. ft. of painted surfaces in a room for interior projects, or less than 20 sq. ft. of painted surfaces for exterior projects. Work performed by homeowners or occupants in their own home or apartment. Work performed in a studio apartments (otherwise known as zero-bedroom apartments). 4

5 Work that disturbs painted surfaces that test negative for the presence of lead. Painting performed without disturbing existing painted surfaces that is, without sanding, scraping, demolition, or other activities that generate chips or dust. Testing for lead paint If you plan to do the work yourself, you can test for the presence of lead yourself. The EPA has determined that basic spot-testing kits available at home centers for about $10 and are accurate enough for most renovation work. To find a list of EPA approved test kits, go to At present, there are three EPA-approved lead test kits: the LeadCheck Kit from Hybrivet Systems ( D-Lead from ESCA Tech, and the State of Massachusetts Kit, which is only available to lead-abatement professionals. Because of the recent regulations, some shoppers report that test kits are currently in short supply. Test kits are relatively simple to use. There are three test kits approved by EPA, only two of which are available to consumers. This kit, LeadCheck, is a simple swab that turns red when exposed to lead. If you plan to hire a contractor and your home was built before 1978, the contractor must perform his own lead test. Even if you plan to hire the work out, performing the test yourself will let you know whether hiring a certified contractor is required. Using the test is straightforward: LeadCheck Swabs, for instance, are nonhazardous and can be used to test for leachable lead on any surface. When lead is present, the swabs and/or the surface being tested turns red or pink, depending on the concentration of lead present. In most cases, results take less than 30 seconds. If lead is present, you ll need to make sure lead-safe methods are employed. What a certified contractor is and how to find one If you d like to perform the bulk of the work yourself but would rather not bother with the removal of lead, consider hiring a certified remodeler or a contractor that specializes in lead abatement. If you decide to hire a contractor to handle lead abatement or the entire remodel you can find a certified contractor in your area at Gaining certification is not a difficult or expensive task; for certification, remodelers are required to take a one-day (eight hour) course called Lead Safety for Renovation, Repair and Remodeling, and the total cost of the class is less than $300. Once they 5

6 take the class, they re certified. If there is more than one person in the company, then the company must also be certified with the EPA, which costs an additional $300. The certification is good for five years. Clearly productivity goes off the map. You lose it when you re wearing a suit and its seventy degrees out and you re trying to be productive and you have to walk through dust doors and you re walking on slippery plastic, because you re working wet there s a whole bunch of slow-down in productivity you re going to experience. Remodeler Bob Hanbury, House of Hanbury, Newington, CT. Hear the whole interview at www. finehomebuilding.com/lead-safe When you sit down with a contractor, you should share the results of any prior lead testing and ask for a copy of their EPA or state lead-training certificate. The contractor should also discuss the scope of the job, plan the start and end dates for the work, and explain the lead-safe methods they plan to employ. All of this should also be outlined in any contract you sign, as well as verification that they will perform all work in accordance with RRP Rule regulations. The contractor is also required to give you a copy of the EPA Renovate Right pamphlet and have you sign to acknowledge receipt. What should it cost? Although it varies based on the scope of work, the EPA estimates that meeting RRP Rule requirements for interior work should range between $8 and $167 per job and exterior work, where vertical containment is required, may cost more. This seemingly low figure assumes that contractors are already doing many of the dust-control measures called for in the rule. Remodeler Bob Hanbury, of Newington, Conn., an experienced lead-safe remodeler, says that it depends on the size of the job. A small bathroom remodel may add a significant percentage increase in the job cost because of lost productivity along with daily setup and cleanup costs. He says it could easily add 50% to the cost of a small bathroom remodel when it s all said and done. After the initial, one-time expense of buying HEPA vacuums and other required tools, the typical cost is probably somewhere in between as Remodeling magazine reports in the article How Much Will the RRP Cost? Remodeling estimates much costs between 5.3% and 11.2%. Under the new RRP Rule regulations, one especially costly remodel will be window replacement, because it requires erecting multiple containment barriers. Set up a containment zone A certified renovator working on a house with lead-based paint faces a number or requirements on the job site. As a homeowner, you should verify that the following requirements are followed. 6

7 On site, a certified renovator should post signs in a visible location that notify people of the type of work being done, and the location and the dates when the work begins and ends. The signs are to remain in place until all work and cleanup has been completed. If you re doing the work yourself, it s a good idea to post similar signs and to make sure that those not working on the renovation stay clear of the work area. On the job, at least one certified remodeler must be on site for certain stages of the remodel and be available by phone whenever work is being performed. Noncertified workers must have on-the-job training from an individual who is certified, and the training must be documented by the contractor. With a certified contractor on site, contractors must erect barriers to contain the work area before disturbing any spots where lead-based paint is present. Typically constructed of plastic and taped at the seams, this prevents material contaminated with lead from reaching other areas of the home. A certified renovator must be on site while the barriers are erected. Contain paint chips at the edges. Turn the plastic edge u1p and support with lumber. Attach plastic to the house with furring strips, nails, and tape. Within the work area, all HVAC registers, diffusers, and grilles should be sealed with plastic and tape. And while it s best to remove all furniture from the work area before work begins, those pieces that must remain should be covered with plastic and sealed with tape. Windows and doors (except the one being used to enter the workplace) must also be sealed with plastic. Floors should also be covered with plastic, and two layers are better than one when it comes time to clean up, the top layer can be used to wrap up debris while leaving the bottom layer for post-lead dust protection. In general, contractors will do all of their demolition, scraping and sanding, and then clean the workplace before proceeding with work. Working outdoors has its own set of requirements: Close all doors within 20 ft. of the work area, and seal these doors with plastic sheeting. Cover the ground with plastic sheeting. In most cases, one side of the sheeting should be secured to the house. The plastic should extend at least 10 ft. beyond the work area, or farther if necessary to catch falling chips and dust. 7

8 If other buildings are close to the work area, or if the weather is windy, other precautions (including vertical containment) may be necessary. The RRP Rule is vague about the duties of contractors in windy conditions. Some painting contractors wonder if paint-scraping activities will need to stop suddenly every time the wind shifts or picks up. After contractors gain more experience implementing these practices, better guidance may emerge. Use tools which create minimal dust A light mist of water keeps dust down. Use a garden sprayer to mist down areas to be cut into and removed. Be careful though wet plastic is slippery underfoot. Creating less dust is a better option than trying to clean it up, and contractors should take steps to minimize dust as much as possible. Power tools such as sanders and planers that come in contact with painted surfaces should be equipped with a high-efficiency particulate air (HEPA) filter while chemical strippers (like Peel-Away) are a great alternative to propane torches, which are prohibited altogether. Heat guns used on painted surfaces should not exceed 1100 F. If painted surfaces must be scraped, the area should first be misted with water, called working wet, which prevents dust from becoming airborne. At the end of each workday all debris and paint chips should be collected and sealed in bags. Workers are also required to wear NIOSH-rated N100 respirators or HEPA respirators not just a common dust mask. (Disposable N100 respirators can be bought for as little as $8.) While wearing disposable Tyvek suits is recommended, it is not required by the RRP Rule. Clean up and verify cleanliness Once the work is completed, it is the contractor s job to make sure cleanup is properly performed with a certified renovator on site. The process includes: Wrap it up. When lead-removal activities are through, vacuum, mop, and wrap the floor plastic for disposal. For interior jobs, two layers of plastic are a good idea. The top layer can be the cleanup layer, and the remaining layer provides unrelated remodeling-dust-control protection. Collecting paint chips and debris. This is usually done by wrapping it in the top layer of floor plastic and sealing the bundle in a heavy-duty bag. To prevent dust from becoming airborne, it helps if the workers mist the floor with water before they start pulling up the plastic. In most states, the debris can be disposed of with household trash, but some states require it to be handled as hazardous waste. Walls, floors, and other horizontal surfaces should be vacu- 8

9 umed using a HEPA vacuum. Floors should be mopped using a disposable cleaner, such as a Swiffer, or a two-bucket mopping system. At the end of cleanup, the area should be free of dust and debris. Because lead dust is so fine, however, it may be present even if you can t see it. Once the job is done, your contractor should use disposable wet wipes to clean the floors, window stools, and countertops, and then compare the wipes to a cleaning verification card. If the color of the wipe is the same or lighter in color than the color on the verification card, the surface passes the test. If the cloth is darker, the surface must be cleaned again. To sum up, this quick checklist should guide you through the process of working with a contractor on a lead-based paint renovation: Check certification of the company and the individual doing the work. Verify that contractor has tested any painted surfaces in the work area for lead and communicated the results to you before beginning work. Verify that warning signs are posted at the job site. Verify that uncertified workers are trained on the jobsite. Verify that plastic barriers contain the work area. Verify that the tools used minimize dust creation. Verify daily cleanup of the work zone is adequate according to verification card. Get a copy of all compliance documentation after the job is finished the contractor is required to keep copies for three years. If you do the work yourself When doing work in your own home, you should follow the same basic guidelines and work routines outlined above and required of certified con- 9

10 More information Go to to find all you need to comply with the new RRP rule: Training videos covering interior and exterior practices: work zone, containment zone, personal protection, cleanup, and verification Interviews with Connecticut remodeler Bob Hanbury on the topics of tools, OSHA, cost, and liability insurance A downloadable job-site sign that you can print and post on site A compliance toolkit with checklists, disclosure forms, pamphlets, and trainer links Special reports for contractors and consumers Article packages from Fine Homebuilding on lead-safe remodeling, dust control, and personal protection Painting tips and videos tractors following the RRP Rule. Complete the lead tests and post signs before beginning work in any area where lead paint is present. Erect barriers using plastic and taping all seams when taping against finished surfaces, prevent damage by using blue painter s tape duct tape can remove additional paint, causing you to enlarge the containment zone. Cover the floors with two layers of floor plastic. Use plastic and tape to wrap and seal any furniture that must remain. Use only HEPA-approved tools and appropriate safety equipment (respirators, Tyvek jump suits), and clean up using the same methods required of contractors. Throughout work, be sure to wash your hands carefully before touching food or smoking. Too often, children are exposed to dangerous levels of lead through the clothes their parents wear. It s important to change your clothes before being greeted with a hug from your toddler. At the end of the each day, change out of your clothes if possible, in a dust-free area outside the home s living area seal the clothes in a trash bag and launder them separately. To make end-of-day cleanup a little easier, consider wearing a Tyvek suit while working. Further Resources: EPA Renovate Right pamphlet: rrbrochureoptions.htm Remodeling Magazine article: National Lead Information Center (NLIC) at LEAD (5323) 10