NC Lead-Based Paint Renovation, Repair and Painting Program (LRRP)

Presented by Jessi HayesNorth Carolina Home Builders Association

Why was the regulation written?

Regulation was written to minimize the exposure to lead to those most vulnerable to its negative health effects.

Lead Poisoning is the single biggest preventable cause of mental retardation in children.

Based on guidance from the Regulatory Affairs Committee, NCHBA collaborated on HB 1151 establishing a state-run program so that members didn’t have to deal directly with the federal government.

Why was lead used in paint?• It prevents corrosion• It resists mold and mildew• It is easy to shape• It is strong• It blocks radiation• It blocks sound• It helps paint dry faster• It adds color to and brightens paint

How Many Homes Likely Contain Lead?

Homes built before 1940

Lead+

Lead-free

87%

Homes built 1940-1959

Lead+

Lead-free

Homes built 1960-1978

Lead+

Lead-free

69%

24%

Lead Abatement vs. Lead RenovationThey are separate and distinct programs!• Separate rules and regulations• Different purposes• Different work practices • Different pre-education requirements• Different recordkeeping requirements• Different training courses• Different certification requirements• If you do both Abatement and Renovation you will need

both certifications• BUT…same website:

http://www.epi.state.nc.us/epi/lead/lhmp.html

LRRP Program Purpose

• Ensure owners and occupants receive information on lead-based paint hazards before renovation begins.

• Ensure individuals performing renovations are properly trained, certified and safe work practices are followed.

LRRP Program Description• Federal regulatory program (EPA) that applies nationally

to all renovations performed for compensation in target housing & child occupied facilities constructed before 1978. Effective April 22, 2010

• NC received EPA authorization to administer the program in NC in lieu of EPA (state-run state vs. EPA-run state). Effective January 1, 2010

• Includes pre-renovation education requirements, training, firm & renovator certification, work practice requirements and recordkeeping.

Definitions• Renovation – broadly defined as any activity that

disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement and demolition of painted surfaces

• Work that disturbs painted surfaces• >6 sq ft per room – interior • >20 sq ft – exterior

Definitions• Child-occupied facility – A pre-1978 building visited

regularly (3 hours/day, 2 days/week or 60 hours/year) by the same child under age 6. Examples include day care centers, preschools and/or kindergarten classrooms.

• Target Housing – Any housing built prior to 1978 except housing for the elderly or persons with disabilities or any 0-bedroom dwelling, unless a child under age 6 resides in such housing. Examples include studio apartments, dorms and military barracks.

Trades AffectedCarpenters

PaintersElectricians

Sheetrock/DrywallPlumbers

HVACWindow Replacement

MaintenanceOthers?

What Housing or Activities have Exceptions Under the Rule?• Housing built in 1978 or later• Housing for elderly or disabled persons, unless children under 6

reside or are expected to reside there• Zero-bedroom dwellings – living area not separated from the

sleeping area (examples include efficiencies, dorms, etc.)• Housing or components determined to contain lead-based paint that

is less than 1.0 milligram/cm2 or 0.5% by weight• Minor repair and maintenance

• = or <6 sq ft for interior spaces• = or <20 sq ft for exterior • AND where no prohibited/restricted work practices are used and

work does not include window replacement or demolition of painted surface areas

Exceptions (continued)• Owner Opt-Out - Training and work practices do not apply

if the firm obtains a signed statement by the owner affirming that:• Renovation will occur in owner’s residence;• No child under 6 years and no pregnant women reside

there;• The housing is not a child-occupied facility;• AND the owner acknowledges the firm will not be

required to follow the work practices required by rule.• Opt-Out is currently under review by EPA – final decision

expected April 2010.

Exceptions (continued)• Emergency Renovations – Not planned, result from

sudden unexpected event and if not immediately attended to presents safety/public health hazard/ threatens equipment and/or property damage.

Effective Date:

NC State-Run Program• January 1, 2010*

EPA-Run State Program• April 22, 2010

*Rules Review Commission changed proposed program start date to comply with state guidelines.

NC LRRP Program vs. EPA Program:

NC State-Run Program• Requires NC renovation

firm application & $300 fee

• NC issues the firm a certificate

• Renew annually• Amend application within

90 days (no fee)• Max. fine $750/day

EPA-Run State Program• Requires EPA renovation

firm application & $300 fee (+ for each jurisdiction)

• EPA issues the firm a certificate

• Renew every 5 years• Amend application within

90 days (fee)• Max. fine $37,500/day

Enforcement• LRRP is primarily a paper-trail program• Enforcement will occur after project is complete• Oversight is performed by Health Hazards Control Unit

of the NC Dept of Health & Human Services• Building Inspections does not play a role in LRRP

• HOWEVER… some Building Inspections Departments may require proof of LRRP Certification prior to approving a permit for a home built prior to 1978.

Who Needs the Certified Renovator Class?• Each job that impacts lead-based paint in target housing or

child occupied facilities must be supervised by a certified renovator.

• Workers performing renovation work need to be trained on-site for their specific job by a certified renovator, but do not need individual certification.

• At least one certified renovator per certified firm (can be a consultant).

• A firm seeking certified renovation firm status only has to fill out the application and pay the fee – individuals seeking certified renovator status must take the class. There is not a fee for the certified renovator application. A certified renovator “registers” themselves with a certified renovation firm.

Certified Renovation Firm(Application +$300 annually)

Certified Lead Renovator(8-hour training class + free

application)

Sole Proprietor

Certified Renovation Firm(Application +$300

annually)

Certified Lead Renovator

(8-hour training class + free application)

Worker trained on-site for specific

task by Certified Renovator

Worker trained on-site for specific

task by Certified Renovator

Worker trained on-site for specific

task by Certified Renovator

One Company with 1 Project Manager

Certified Renovation Firm(Application +$300 annually)

Certified Lead Renovator

(8-hour training class + free application)

Worker trained on-site for specific task by Certified

Renovator

Worker trained on-site for specific task by Certified

Renovator

Certified Lead Renovator

(8-hour training class + free application)

Worker trained on-site for specific task by Certified

Renovator

Worker trained on-site for specific task by Certified

Renovator

Certified Lead Renovator

(8-hour training class + free application)

Worker trained on-site for specific task by Certified

Renovator

Worker trained on-site for specific task by Certified

Renovator

One Company with 3 Project Managers

How do I become a NC certified renovator?• Complete an EPA or state-authorized program

accredited as an “Initial 8-hour Certified Renovator Course”• State-authorized programs won’t be available until

mid-2010.• Submit the NC Certified Renovator Application (no fee)

along with a certificate of training course completion• Certified Renovators must work for a NC Certified

Renovation Firm

LRRP Training in NCAcceptable training courses for NC Certification:

1. Taught in locations other than North Carolina and accredited by EPA or by a state with an EPA-authorized state program

2. Taught in North Carolina and accredited by a state that has a written reciprocity agreement with the program

3. Taught in North Carolina, other than those covered in (2) and (4) of this section, and are accredited by North Carolina

4. Taught in North Carolina prior to August 1, 2010, and accredited by EPA or by a state with an EPA authorized program (describes most courses currently offered)

LRRP Training Providers The following providers are known to teach courses in NC:• National Center for Healthy Housing (Offered by Durham Affordable

Housing Coalition)• Craven County Health Dept• Environmental Compliance Services• Greenville Tech• Paul Davis Restoration, Inc• The EI Group• Pitt Community College• General Services Corp.• Environmental Training Fund• Seagull Environmental Management Co

http://www.epa.gov/lead/pubs/trainingproviders.htmhas a complete listing of EPA-accredited training providers.

EPA Guidebook

Handbook for Contractors, Property Managers & Maintenance Personnel

Contains sample checklists and forms

Information

Distribution

As of December 22, 2008, the Renovate Right brochure must be distributed to the owner and occupants before renovation starts.

LRRP Summary• Who needs to take the class?• What does the regulation require?• When does it take effect?• Where can I take the class?• Why was the regulation written?

Program Oversight

NC Department of Health and Human ServicesDivision of Public Health

Health Hazards Control UnitLead Based Paint Hazard Management Programs

Contact – Don Chaney (919) 707-5950

www.epi.state.nc.us/epi/lead/lhmp.html