Lead Abatement in residential remodeling

What is your responsibility as a designer for lead contamination abatement in remodeling? What if your client decides to do their own construction? Which requirements apply, state or federal? It's a good idea to get familiar with the rules, so you can advise your clients, protect yourself, and understand what is required of the contractor.

The Rules

In 2010 The EPA issued a final rule requiring` the use of lead safe practices with the goal of preventing lead poisoning, Contractors disturbing lead based paint in homes constructed before 1978 must use certified renovators, trained to follow EPA lead-safe work practices. Previously owner-occupants of homes could “opt out” of having contractors follow lead-safe practices if they certified there were no children six years of age or younger or pregnant women in residence. The final rule no longer allows such exceptions.

Though the requirement comes from the federal government, more stringent state laws will govern enforcement. California Housing Law Title 17 applies to everyone including contractors, painters, homeowners, and renters for residential remodeling, among other things. The new requirements for safe lead abatement may apply before, during and after construction. They apply to all construction performed by professionals and home-owners when a minimum of two square feet of lead containing paint are disturbed, any window is replaced, or whenever you suspect that a lead containing element is disturbed.

Before construction begins homeowners must receive a notification pamphlet The Lead Certified Guide to Renovate Right that describes facts about lead, choosing a contractor, and how to prepare for renovation etc. Here's a link to the pamphlet: http://www.epa.gov/lead/pubs/leadpdfe.pdf

Management

Many homeowners will expect to stay in their homes during renovation, this poses special problems for everyone involved, because contaminated dust is a major culprit. Forced air heating or air conditioning needs to be turned off in affected rooms as it spreads contaminants throughout the house. Areas required for travel through the house may have to be cordoned off. Pets can be another vector for spreading dust. Additional rooms may be required to store furniture away from contamination.

Proper lead abatement is about containment. Surfaces are wetted during demolition to reduce dust. Methods that introduce contaminants into the air are discouraged such as burning or torching, sanding and grinding paint, or heat guns, because the produce excessive amounts of dust or release toxins more freely to the air. Large sections of demo material may be removed whole to avoid introducing tiny particles to the environment. Disposal means carefully controlling the debris on the site, surfaces that come in contact with debris, and even cleaning materials that touch them.

Removal waste and debris must be contained and may be required to be stored separately from other construction debris, necessitating separate trash containment. You may want to include a clause in your general notes for certification of dust removal after the job is complete. This can be written to require re-cleaning until the job passes inspection. Your contractor is also required to retain records of the abatement for three years after the job is complete.

Even if your clients decide to do their own work, or act as the general contractor they are not absolved of the responsibility for proper disposal and demolition of lead based hazardous waste.

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Individuals can be certified to do one or more of six lead-related construction specialties:

Project Designer: Prepares the specifications, detailed design work, and cost estimates associated with LRC work in residential or public buildings. Inspector/Assessor: Assesses the degree of total lead hazard in residential or public buildings before, during, and/or after LRC work. They typically do inspections, take samples, and interpret test results. Project Monitor: Oversees LRC work in residential or public buildings to ensure that contract plans and specifications are followed, evaluates LRC work, and may conduct testing to determine if contamination is adequately controlled.  (Often referred to as consultants.) Sampling Technician: Collects samples under the supervision of a certified inspector/assessor. Supervisor: Responsible for implementing LRC work in residential or public buildings and enforcing work practices that ensure worker safety. (Often referred to as contractors.) Worker: Performs LRC work in residential or public buildings under the direction of a certified Supervisor.

Here is a link to the Lead Certified Professionals in California, as of February 19 2010. According to the California Department of Public Health this is the most up to date (internet) published list. They have an actual current list they will review for you over the phone at the Lead Hotline at 800-597-5323 or 510-620-5600. http://www.cdph.ca.gov/programs/clppb/pages/lrccertlist.aspx

Additional Information

Here are some additional links to some actual codes and sources. Information used in this article is borrowed freely from a variety of sources including The EPA , the California Department of Public Heath, The Center for Healthy Housing, and the Alameda County Lead Poisoning Prevention Program. I make no claim to original authorship, just accurate reporting, I hope. If you find any errors please let me know so I can correct.

Hazard Education Before Renovation - TSCA 406(a) and (b)
The final rule requires that renovators notify the owner and occupants and distribute the pamphlet "Protect Your Family From Lead" in Your Home before beginning renovations. This is the same pamphlet required by the Lead Disclosure Rule. From the EPA -Pre-Renovation Lead Information Rule - TSCA 406(b) see: http://www.epa.gov/lead/pubs/leadrenf.htm

EPA Rule: Lead: Renovation, Repair and Painting Program
EPA has issued a rule that will require anyone who is conducting work for compensation that disturbs painted surfaces to first obtain training in lead-safe work practices, to contain paint chips and dust, and to clean-up all work areas. This rule was issued on April 22, 2008 and took effect in June, 2008. For a copy of the rule, see: http://www.epa.gov/lead/pubs/renovation.htm

The National Center for Healthy Housing Many links including one to the original Renovate Right pamphlet, see: http://www.centerforhealthyhousing.org/html/eparule.htm

The California Department of Public Health Describes which certification allows specific activities. http://www.cdph.ca.gov/programs/CLPPB/Pages/LRCWhichCert.aspx