Sacramento report
Lead Alert
by Debra Carlton
Beginning April 22, 2010, owners, managers, contractors and other individuals who perform repairs, renovation, or painting of pre-1978 buildings must comply with the Environmental Protection Agency certification, training and safe work practice requirements. Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling and maintenance activities, including window replacement. Only a trained individual who has been either certified or supervised by a trained person can perform this work. Certification requires successful completion of an eight-hour course. These requirements are part of the same 2008 regulation that already requires pre-renovation disclosure and the distribution of a pamphlet about lead-safe practices.
As of a result of Senate Bill 460, enacted in 2002, owners and managers of residential rental properties in California are already required to use lead-safe work practices to protect occupants against exposure. SB 460 added lead hazards to the conditions that make premises uninhabitable and substandard. It also prohibits an individual from disturbing more than a de minimis amount of lead-based paint without containment, which is a system, process or barrier used to contain lead hazards inside a work area. While this is not as detailed a requirement as the new EPA rule, the purpose of both is to ensure that work that disturbs lead-based paint is done in a way that does not create a hazard and that no hazards are left behind.
Both SB 460 and the EPA regulations focus on protecting the health of occupants. Additional safety measures may be required to protect the health of workers under Cal/OSHA’s Lead in Construction Standard. Additional training and certification requirements also apply to work that is intended to remove lead-based paint or permanently control lead hazards.
What is considered “renovation”? What type of work does the rule apply to?
Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling and maintenance activities, including window replacement. In general, the rule applies to any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including remodeling and repair/maintenance, electrical work, plumbing, painting, carpentry and window replacement.
Does this include surface preparation for repainting and other basic maintenance activities?
If the surface to be painted is disturbed by sanding, scraping or other activities that may cause dust, the work is considered renovation. However, “minor repairs and maintenance” are exempt from the rule and may be performed by a person who is not trained or certified. This is defined as “activities that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of a painted surface for exterior activities where none of the prohibited work practices is used and where the work does not involve window replacement or demolition of painted surfaces.” Note that this differs from the de minimis exemption from California’s safe-work practices requirement. Some jobs that are exempt from the EPA rule must still be performed in compliance with SB 460.
The requirements of SB 460 are triggered if the amount of lead-based paint (or presumed lead-based paint) disturbed is equal to or exceeds (1) 2 square feet in any one interior room or space; (2) 20 square feet on exterior surfaces; (3) 10% of the surface area on an interior or exterior component with a small surface area such as window sills, baseboards and trim. See http://www.hud.gov/offices/lead/lbp/hudguidelines/Ch08.pdf for the HUD Guidelines.
Who does the rule apply to?
In general, the rule applies to anyone who performs work for compensation and who disturbs paint in housing and child-occupied facilities built before 1978, involving, but not limited to, residential rental property owners/managers, general contractors and special trade contractors, including painters, plumbers, carpenters and electricians.
Does the rule apply to an owner doing work on his own rental property?
Yes. The owner is viewed by the EPA as doing the work “for compensation” because he or she is paid in the form of rent. By contrast, the rule does not apply to an owner doing work on his or her own residence.
What types of buildings does the rule apply to?
The rule applies to residential houses, apartments and child-occupied facilities such as schools and day care centers built before 1978.
What type of buildings or units are exempt from the EPA rule?
Zero-bedroom units are exempt from the rule. These units are residential dwellings such as efficiency and studio apartments, dormitory housing and military barracks where the living area is not separated from the sleeping area. Other housing that is exempt includes: housing built in 1978 or later; housing for elderly or disabled persons, unless children under six reside or are expected to reside there; or housing or components declared lead-free by a certified inspector or risk assessor.
Note, however, that the requirements of SB 460 apply to all premises governed by California’s habitability and substandard housing laws, that is all pre-1978 housing, except that which has been proven lead-free.
Who must be trained and certified?
The person doing the work must be trained and must be either certified or supervised by someone who is certified. For example, if a landlord is doing his or her own work on a unit, the landlord must be certified. If the landlord’s employee is doing the work, either the maintenance employee must be certified or the owner must be certified and have trained the employee in the use of lead-safe work practices.
What are the responsibilities of the certified renovator?
Certified renovators are responsible for ensuring overall compliance with the EPA’s lead-safe work practice requirements, including training and supervising workers. They must also be present at the site when (1) warning signs are posted; (2) containment measures are set up; and (3) cleanup is performed. They must be available onsite or by phone throughout the work, verify cleanup and prepare required records.
What are lead-safe work practices?
Lead-safe work practices include: work-area containment to prevent dust and debris from leaving the work area; prohibition of certain work practices; thorough cleanup followed by a verification procedure to minimize exposure to lead-based paint hazards; and proper waste removal and disposal.
What are “prohibited practices”?
The following work practices are prohibited during a renovation:
- Open flame burning or torching of lead-based paint;
- Use of machines that remove lead-based paint through high-speed operations such as sanding, grinding, power planing, needle gun, abrasive blasting or sand blasting, unless such machines are used with HEPA exhaust control; and
- Operating a heat gun on lead-based paint at temperatures above 1,100 degrees Fahrenheit.
How does one obtain certification?
The California Apartment Association, in conjunction with Benchmark Environmental, is now offering the mandatory EPA-accredited training course. Contact your local association for classes in your area or go to CAA’s website at www.caanet.org/events.
The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Debra Carlton is CAA’s senior vice president of public affairs. Copyright © 2010 by Black Point Press. All rights reserved.