Before Beginning Work

This module teaches you:

• To educate owners and residents.

• That the use of lead-based paint was widespread.

• To determine if lead-based paint is not present.

• To use EPA-recognized test kits to check for lead-based paint.

• Learn methods for collecting paint chip samples for laboratory lead analysis. • How to decide which rule(s) apply

The module also considers the important questions that must be asked at the beginning of a job to establish whether a job is covered by the RRP Rule and/or the HUD Rules, and what requirements apply.

Educate Owners and Residents

The Pre-Renovation Education Rule:

• Requires Renovation Firms to provide the Renovate Right pamphlet to owners/residents prior to renovation activities in pre-1978 housing and child-occupied facilities.

• Specifies requirements for educating residents/occupants and delivering the Renovate Right pamphlet that vary by type of property and the area being renovated. Under the RRP Rule, Certified Firms MUST:

  • Give homeowners/residents and child-occupied facility owners/adult representatives copies of the Renovate Right pamphlet.

  • Let parents/guardians of children using a child-occupied facility know about the renovation and how to get a copy of the Renovate Right pamphlet.

  • Get confirmation of receipt of the Renovate Right pamphlet from owners, or evidence that the pamphlet was delivered to tenants/residents.

  • Keep all records for at least 3 years.

Exclusions: The Pre-Renovation Education Rule covers the same renovation activities that are covered by the Renovation, Repair, and Painting Rule. The same exclusions apply.

Work in Homes: No more than 60 days before beginning a renovation, Certified Renovation Firms must distribute the Renovate Right pamphlet to the owners and residents of the pre-1978 housing to be renovated.

• Firms must either obtain the owner’s written acknowledgment or proof that the pamphlet was sent by certified mail, return receipt requested, at least 7 days before the renovation began.

• For tenants, Certified Firms must either obtain a written acknowledgment of receipt, or document that the firm delivered the pamphlet and was unable to obtain a written acknowledgment.

• All proof of receipt/mailing/delivery records must be kept for 3 years after completion of the renovation.

• Sample forms to document confirmation of receipt are included in the Renovate Right pamphlet.

Work in Common Areas: No more than 60 days before beginning a renovation, Certified Renovation Firms must provide the Renovate Right pamphlet to the owner of pre-1978 housing being renovated.

• Firms must provide written notification to all residents in the affected units of the property being renovated, must notify affected residents about where information is posted if work in nearby common areas will affect them.

• The following information should be posted about work in common areas:

  • Describing the nature and location of the work;

  • Listing the work start and end dates; and,

  • Providing the Renovate Right pamphlet or information on how to obtain a free copy of the pamphlet. This information may be provided to tenants by mail, hand-delivery, or by posting signs containing this information where they are likely to be seen by the residents of all affected units.

Work in Child-Occupied Facilities: No more than 60 days before beginning a renovation, Certified Renovation Firms must distribute the Renovate Right pamphlet to the owner of the building and to an adult representative of the child-occupied facility, following the same documentation requirements as for homes. Firms must also provide notification to parents and guardians of children using the child-occupied facility, following the same requirements as for tenants affected by renovations in common areas.

To obtain copies of the Renovate Right pamphlet visit the EPA website at www.epa.gov/lead, or contact the National Lead Information Center at 1-800-424-LEAD (5323). The pamphlet may be copied for distribution as needed to comply with pre-renovation education requirements.

How Widespread is Lead-Based Paint in Housing?

Components most likely to be coated with lead-based paint include windows and doors (interior and exterior), as well as exterior walls and porches.

Homes built in 1978 and earlier Approximately 34 million pre-1978 housing units contain paint that meets the Federal definition of “lead-based paint.” EPA’s RRP Rule assumes that any house built before 1978 contains lead-based paint, unless the house has been tested for lead-based paint and the results indicate that the house does not contain lead-based paint.

Homes built before 1960 are more likely than homes built after 1960 to contain lead-based paint and are also more likely to have deteriorated paint surfaces due to age. In addition, concentrations of lead in paint were higher prior to the 1950’s when paint companies began to use less lead in paint they manufactured.

• 86% of pre-1940 homes contain lead-based paint on at least one surface.

• 66% of homes built from 1940 to 1959 contain lead-based paint on at least one surface. Note: Determining the age of the property may require some investigation.

If the owner does not know or have access to records, property information in many localities can be accessed from review of court registration or tax records held by the office of the tax assessor in the community or county where the property is located. If you don’t know the age of the building, assume it was built before 1978.

How to Determine if Lead-Based Paint is Present

Paint testing must be performed prior to renovation on all surfaces to be affected by the work, or you must presume the paint is lead-based. Any testing must be performed by the appropriate qualified professional. Lead-based paint can only be identified by testing paint. Results of testing only apply to the work if the surfaces covered by the renovation are covered by the testing report. A property owner may provide a report from a Certified Lead Inspector/Risk Assessor that proves no lead-based paint is present, in lieu of testing affected surfaces. If no testing result is available, test the paint or presume lead-based paint is present.

EPA-Recognized Test Kits: Check the EPA website at www.epa.gov/lead for information on EPA-recognized test kits and how to use them. All test kits currently on the market are colorimetric tests for lead; that is, they change color when lead is present. Different test kit chemicals produce different colors when lead is present.

All paint layers must be tested when using test kits. Make sure to follow the manufacturer’s instructions when using this testing method. If there is no color change on the paint film tested, lead-based paint is not present and lead-safe work practices are not required on that surface. Test kit sampling is intrusive and damages each surface tested.

Common kit types include:

• Rhodizonate-based test kits that produce a pink to red color when lead is present; and,

• Sulfide-based test kits that produce a dark grey to black color when lead is present.

X-Ray Fluorescence Testing: Requires a special instrument and a specially-trained Certified Lead Inspector or Certified Lead Risk Assessor. The instrument tests by bombarding the paint film with gamma radiation that causes the lead in the paint to emit x-rays that can be read by a sensor in the instrument. The amount of lead in the paint is directly related to the x-rays read by the sensor. A computer program in the instrument calculates how much lead is in the paint film. This testing method is non-intrusive and is the most used.

Paint-Chip Collection for Laboratory Analysis: Paint-chip testing requires intrusive sampling. All paint layers are removed from the surface being tested. The resulting sample is sent to an EPA-recognized laboratory where it is analyzed to determine how much lead is present. Paint chips can be collected by Certified Renovators, Certified Inspectors or Certified Risk Assessors. Laboratory charges are based on turnaround time, and it usually requires a day or two to get results. Intrusive sampling makes repair of tested surfaces necessary.

Steps to Obtain Paint Chip Samples

Overview of paint chip sample collection:

1. Write required information and observations about the test location on the Paint Chip Sample Collection Form and Paint Chip Sample Container.

2. Mark the Collection Area using a template or freehand.

3. Set up a Paint Collection Tray

4. Remove the Paint

5. Clean all cutting tools used during paint sample collection.

6. Transfer the Collected Sample to the Paint Collection Container.

7. Check documentation for completeness on the Paint Chip Sample Collection Form.

Skill Set: Using EPA-Recognized Test Kits and Collecting Paint Chip Samples for Laboratory Lead Analysis

Purpose: The purpose of this hands-on exercise is to teach people how to correctly use EPA-recognized test kits to determine if lead-based paint is present on components and surfaces affected by renovation work. In addition, you can learn an alternative method for determining the presence of lead-based paint by collecting paint chip samples that are submitted to a NLLAP-recognized laboratory for analysis.

Time: 25 minutes

Test Kit Supplies needed:

• EPA-recognized test kit(s) w/ manufacturer’s instructions

• Kit-specific supplies as required in the manufacturer’s instructions

• Disposable plastic drop cloth 2’ by 2’

• Tape (duct, painters, and masking)

• Disposable, non-latex gloves

• Disposable shoe covers

• Manufacturer provided test verification card with lead-based paint layer

• Disposable wet cleaning wipes

• Heavy duty garbage bags

• Painted wood surface with no lead-based paint layer

• Test Kit Documentation Form

• Participant Progress Log

• Pen or pencil

• Digital camera (Optional)

• Numbered index cards (Optional)

• EPA vacuum with attachments (for cleanup after sampling) Paint Chip Sample Collection Supplies needed:

• Resealable Rigid Walled Container, for use as paint collection containers, e.g. screw-top plastic centrifuge tube

• Steel or Plastic Measuring Ruler-Metric Only

• Cloths

• White Paper

• Indelible Marking Pen

• Personal Safety Gear

• Cutting and Scraping Tools

• Flashlight

• Plastic gloves

• Painted wood surface

• Trash bags

• Paint Chip Sample Collection

Skill Set: Using EPA-Recognized Test Kits

Test Kit Procedure

1. Read the manufacturer’s instructions

2. Write required information and observations about the test location on the Test Kit Documentation Form.

3. Secure a small disposable plastic drop cloth (2ft x 2 ft) on the floor beneath the test location with masking tape.

4. Put on disposable non-latex gloves and shoe covers.

5. Follow the manufacturer’s instructions for use of the test kit to conduct the test. If possible, perform one test where a positive test result can be observed; and conduct one test of a painted wood surface with no lead-based paint layer to observe a negative test result.

6. Use one wet cleaning wipe to remove residual chemicals left on the surface tested. Use a second cleaning wipe to remove any visible debris or dust on the floor beneath the sample collection area and place the used cleaning wipe in the trash bag.

7. Check documentation for completeness and note the result of the testing on the Test Kit Documentation Form.

8. Number the test location in sequence on the Test Kit Documentation Form, then select the corresponding numbered index card and tape it next to the test location with masking tape and take a picture of the numbered test location to photo-document conduct and possibly the result of the test. *

Interpreting the Results of Test Kit Sampling: The manufacturer’s instructions will indicate how to determine the absence of lead in paint. Once the test is conducted, note the result and refer to the manufacturer’s guidelines for interpreting the result. All painted surfaces where lead is not determined to be absent must be treated as lead-based paint until additional testing performed by a Certified Lead Inspector or Risk Assessor proves it is not.

Documenting Test Kit Results: A report of the findings from use of the test kit must be submitted to the person contracting the work within 30 days following the completion of the renovation work. The completed Test Kit Documentation Form should be kept by the Certified Firm for 3 years after the work is completed.

Test Kit Documentation Form

Skill Set: Collecting Paint Chip Samples

Paint Chip Collection Procedure

1. Read Paint Chip Sample Collection Guide (above)

2. Write required information and observations about the test location on the Paint Chip Sample Collection Form.

3. Mark the Collection Area either using a template or freehand.

4. Set up a paint collection tray using a sheet of letter-sized white paper for making a paper funnel for paint sample collection.

5. Remove the paint using a cold scraping method. Don plastic gloves as appropriate

6. Cold Scraping Method. Using the appropriate cutting tool, begin removing the paint from the substrate. Carefully scrape away all paint within the marked area down to the substrate and ensure that all the scraped paint lands in or is pushed into the paint collection tray

7. Cleaning all cutting tools used during paint sample collection.

8. Check documentation for completeness on the Paint Chip Sample Collection Form Step 8: Transfer the Collected Sample to the Paint Collection Container.

9. Label the container with sufficient information to uniquely identify the sample. Be sure to record the dimensions of the sample surface, including the measurement units.

10. Submit the paint chip sample for lead analysis to a NLLAP-recognized laboratory. Record all results reported from the laboratory.

Documenting Paint Chip Sample Lead Analysis Results: A report of the findings from the submitted paint chip samples to a NLLAP-recognized entity must be given to the person contracting the work within 30 days following the completion of the renovation work. The Certified Firm should keep the completed Paint Chip Sample Collection Form for 3 years after the work is completed.

Paint Chip Sample Collection Form

Using Decision Logic Charts

The information presented in these flow charts is intended to assist you in understanding what RRP Rule requirements apply to the renovation you are about to perform and whether the HUD Rule also applies to the project.

Small Entity Compliance Guide to Renovate Right

The flow charts walk you step-by-step through a decision tree which asks you a series of ordered yes-or-no questions. To use the flow charts, begin at the top of flow chart 1, ask yourself each question. Following the yes-or-no answer arrows to the next appropriate question box. At some point you will come to an arrow with directions about continuing to another flow chart. Follow the direction to whichever flow chart the pathway takes you to, skipping flow charts that do not apply. Whenever a text box gives direction about what to do, write it down to develop a list of actions that must be taken for RRP Rule compliance.

If the property is pre-1978 and does receive Federal housing assistance, both the HUD Lead Safe Housing Rule and the EPA RRP Rule apply to your renovation work.

EPA’s Lead Program Rule At-A-Glance