3.1 Applicability

This Section applies to all renovations performed in target housing and child-occupied facilities.

3.2 Exceptions

The following are exceptions from the applicability of the requirements of this Section of these Regulations:

3.2.1 Renovations in target housing or child-occupied facilities in which a written determination has been made by an inspector or risk assessor that the components affected by the renovation are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams/per square centimeter (mg/cm2) or 0.5 percent by weight, where the firm performing the renovation has obtained a copy of the determination.

3.2.2 Renovations in target housing or child-occupied facilities in which a certified renovator, using an EPA recognized test kit and following the kit manufacturer’s instructions, has tested each component affected by the renovation and determined that the components are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5 percent by weight. If the components make up an integrated whole, such as the individual stair treads and risers of a single staircase, the renovator is required to test only one of the individual components, unless the individual components appear to have been repainted or refinished separately.

3.3 Exemptions for emergency renovations

3.3.1 The information distribution requirements in the following Sections do not apply to emergency renovations, which are renovation activities that were not planned but result from a sudden, unexpected event (such as non-routine failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage.

3.3.2 Emergency renovations include interim controls put in place in response to an elevated blood lead level (EBL) in a resident child.

3.3.3 Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements to the extent necessary to respond to the emergency.

3.3.4 Emergency renovations are not exempt from the cleaning requirements, which must be performed by certified renovators or individuals trained in accordance with the cleaning verification requirements which must be performed by certified renovators, and the recordkeeping requirements.

3.4 Information distribution requirements

When renovations are performed for compensation, then the owners and occupants of target housing and child-occupied facilities shall be given, by the firm performing the renovation, certain information regarding lead-based paint hazards, specific to the type of dwelling or facility that is being remediated before these renovations begin.

3.4.1 Renovations in dwelling units No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:

3.4.1.1 Provide the owner of the unit with the required informational pamphlet, and comply with one of the following:

3.4.1.1.1 Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet or

3.4.1.1.2 Obtain a certificate of mailing at least 7 days prior to the renovation.

3.4.1.2 In addition to the requirements in Section 3.4.1.1, if the owner does not occupy the dwelling unit, provide an adult occupant of the unit with the pamphlet, and comply with one of the following:

3.4.1.2.1 Obtain, from the adult occupant, a written acknowledgment that the occupant has received the pamphlet; or certify in writing that a pamphlet has been delivered to the dwelling and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from an adult occupant. Such certification must include the address of the unit undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., occupant refuses to sign, no adult occupant available), the signature of a representative of the firm performing the renovation, and the date of signature.

3.4.1.2.2 Obtain a certificate of mailing at least 7 days prior to the renovation.

3.4.2 Renovations in common areas

No more than 60 days before beginning renovation activities in common areas of multi-unit target housing, the firm performing the renovation must:

3.4.2.1 Provide the owner with the pamphlet, and comply with one of the following:

3.4.2.1.1 Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet.

3.4.2.1.2 Obtain a certificate of mailing at least 7 days prior to the renovation.

3.4.2.2 Comply with one of the following:

3.4.2.2.1 Notify in writing, or ensure written notification of, each affected unit and make the pamphlet available upon request prior to the start of renovation. Such notification shall be accomplished by distributing written notice to each affected unit. The notice shall describe the general nature and locations of the planned renovation activities; the expected starting and ending dates; and a statement of how the occupant can obtain the pamphlet and a copy of the records required by Section 3.6.3 and 3.6.4, at no cost to the occupants, or

3.4.2.2.2 While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants. The signs must also include information on how interested occupants can review a copy of the records required by Section 3.6.3 and 3.6.4 or obtain a copy from the renovation firm at no cost to the occupants.

3.4.2.3 Prepare, sign, and date a statement describing the steps performed to notify all occupants of the intended renovation activities and to provide the pamphlet.

3.4.2.4 If the scope, locations, or expected starting and ending dates of the planned renovation activities change after the initial notification, and the firm provided written initial notification to each affected unit, the firm performing the renovation must provide further written notification to the owners and occupants providing revised information on the ongoing or planned activities. This subsequent notification must be provided before the firm performing the renovation initiates work beyond that which was described in the original notice.

3.4.3 Renovations in child-occupied facilities

No more than 60 days before beginning renovation activities in any child-occupied facility, the firm performing the renovation must:

3.4.3.1 Provide the owner of the building with the pamphlet, and comply with one of the following:

3.4.3.1.1 Obtain, from the owner, a written acknowledgment that the owner has received the pamphlet or

3.4.3.1.2 Obtain a certificate of mailing at least seven (7) days prior to the renovation.

3.4.3.2 If the operator of the child-occupied facility is not the owner of the building, provide the operator of the child-occupied facility with the pamphlet, and comply with one of the following:

3.4.3.2.1 Obtain, from the operator, a written acknowledgment that the operator has received the pamphlet; or certify in writing that a pamphlet has been delivered to the facility and that the firm performing the renovation has been unsuccessful in obtaining a written acknowledgment from the operator. Such certification must include the address of the child-occupied facility undergoing renovation, the date and method of delivery of the pamphlet, names of the persons delivering the pamphlet, reason for lack of acknowledgment (e.g., operator refuses to sign), the signature of a representative of the firm performing the renovation, and the date of signature or

3.4.3.2.2 Obtain a certificate of mailing at least seven (7) days prior to the renovation.

3.4.3.3 Provide the parents and guardians of children using the child-occupied facility with the pamphlet, information describing the general nature and locations of the renovation and the anticipated completion date, and information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by Section 3.6.3 and 3.6.4 or obtain a copy from the renovation firm at no cost to the occupants by complying with one of the following:

3.4.3.3.1 Mail or hand-deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility or

3.4.3.3.2 While the renovation is ongoing, post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children frequenting the child-occupied facility. The signs must be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the parents or guardians. The signs must also include information on how interested parents or guardians of children frequenting the child-occupied facility can review a copy of the records required by Section 3.6.3 and 3.6.4 or obtain a copy from the renovation firm at no cost to the parents or guardians.

3.4.3.4 The renovation firm must prepare, sign, and date a statement describing the steps performed to notify all parents and guardians of the intended renovation activities and to provide the pamphlet.

3.5 Work practice standards

3.5.1 Standards for renovation activities Renovations must be performed by certified firms using certified renovators. See Appendix A for the Small Entity Compliance Guide to Renovate Right-EPA’s Lead-Based Paint, Renovation, Repair, and Painting Program.

3.5.1.1 Occupant protection Firms must post signs clearly defining the work area and warning occupants and other persons not involved in renovation activities to remain outside of the work area. To the extent practicable, these signs must be in the primary language of the occupants. These signs must be posted before beginning the renovation and must remain in place and readable until the renovation and the post-renovation cleaning verification steps have been completed. If warning signs have been posted in accordance with OSHA regulations 24 CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not required by this section.

3.5.1.2 Containing the work area Before beginning the renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.

3.5.1.2.1 Interior renovations The firm must:

3.5.1.2.1.1 Remove all objects from the work area, including furniture, rugs, and window coverings, or cover them with plastic sheeting or other impermeable material with all seams and edges taped or otherwise sealed.

3.5.1.2.1.2 Close and cover all ducts opening in the work area with taped-down plastic sheeting or other impermeable material.

3.5.1.2.1.3 Close windows and doors in the work area. Doors must be covered with plastic sheeting or other impermeable material. Doors used as an entrance to the work area must be covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

3.5.1.2.1.4 Cover the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area six (6) feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater.

3.5.1.2.1.5 Use precautions to ensure that all personnel, tools, and other items, including the exteriors of containers of waste, are free of dust and debris before leaving the work area.

3.5.1.2.2 Exterior renovations

The firm must:

3.5.1.2.2.1 Close all doors and windows within 20 feet of the renovation. On multi-story buildings, The doors and windows within an area consisting of the 20 feet lateral to the area under renovation on either side of the same floor as the renovation, and directly above and directly below the floor of the renovation, both parallel and perpendicular to the area under renovation The results should be that there are closed doors and windows in all directions 20 feet from the renovation activities.

3.5.1.2.2.2 Ensure that doors within the work area that will be used while the job is being performed are covered with plastic sheeting or other impermeable material in a manner that allows workers to pass through while confining dust and debris to the work area.

3.5.1.2.2.3 Cover the ground with plastic sheeting or other disposable impermeable material extending ten (10) feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents ten (10) feet of such ground covering.

3.5.1.2.2.4 In certain situations, the renovation firm must take extra precautions in containing the work area to ensure that dust and debris from the renovation does not contaminate other buildings or other areas of the property or migrate to adjacent properties.

3.5.1.3 Prohibited and restricted practices The work practices listed below shall be prohibited or restricted during a renovation as follows:

3.5.1.3.1 Open-flame burning or torching of lead-based paint is prohibited.

3.5.1.3.2 The use of machines that remove lead-based paint through high speed operation such as sanding, grinding, power planing, needle gun, abrasive blasting, or sandblasting, is prohibited unless such machines are used with HEPA exhaust control.

3.5.1.3.3 Operating a heat gun on lead-based paint is permitted only at temperatures below 1,100 degrees Fahrenheit.

3.5.1.4 Waste from renovations

3.5.1.4.1 Waste from renovation activities must be contained to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal. If a chute is used to remove waste from the work area, it must be covered.

3.5.1.4.2 At the conclusion of each work day and at the conclusion of the renovation, waste that has been collected from renovation activities must be stored under containment, in an enclosure, or behind a barrier that prevents release of dust and debris out of the work area and prevents access to dust and debris.

3.5.1.4.3 When the firm transports waste from renovation activities, the firm must contain the waste to prevent release of dust and debris.

3.5.1.5 Cleaning the work area After the renovation has been completed, the firm must clean the work area until no dust, debris or residue remains.

3.5.1.5.1 Interior and exterior renovations

The firm must:

3.5.1.5.1.1 Collect all paint chips and debris and, without dispersing any of it, seal this material in a heavy-duty bag.

3.5.1.5.1.2 Remove the protective sheeting. Mist the sheeting before folding it, fold the dirty side inward, and either tape shut to seal or seal in heavy-duty bags. Sheeting used to isolate contaminated rooms from non-contaminated rooms must remain in place until after the cleaning and removal of other sheeting. Dispose of the sheeting as waste.

3.5.1.5.2 Additional cleaning for interior renovations The firm must clean all objects and surfaces in the work area and within two (2) feet of the work area in the following manner, cleaning from higher to lower:

3.5.1.5.2.1 Walls Clean walls starting at the ceiling and working down to the floor by either vacuuming with a HEPA vacuum or wiping with a damp cloth.

3.5.1.5.2.2 Remaining surfaces Thoroughly vacuum all remaining surfaces and objects in the work area, including furniture and fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with a beater bar when vacuuming carpets and rugs.

3.5.1.5.2.3 Wipe all remaining surfaces and objects in the work area, except for carpeted or upholstered surfaces, with a damp cloth. Mop uncarpeted floors thoroughly, using a mopping method that keeps the wash water separate from the rinse water, such as the 2-bucket mopping method, or using a wet mopping system.

3.5.2 Standards for post-renovation cleaning verification

3.5.2.1 Interiors

3.5.2.1.1 A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present. If dust, debris or residue is present, these conditions must be removed by re-cleaning and another visual inspection must be performed.

3.5.2.1.2 After a successful visual inspection, a certified renovator must:

3.5.2.1.2.1 Verify that each windowsill in the work area has been adequately cleaned, using the following procedure.

3.5.2.1.2.1.1 Wipe the windowsill with a wet disposable cleaning cloth that is damp to the touch. If the cloth matches or is lighter than the cleaning verification card, the windowsill has been adequately cleaned.

3.5.2.1.2.1.2 If the cloth does not match and is darker than the cleaning verification card, re-clean the windowsill as directed in Sections 3.5.1.5.2.2 and 3.5.1.5.2.3, then either use a new cloth or fold the used cloth in such a way that an unused surface is exposed, and wipe the surface again. If the cloth matches or is lighter than the cleaning verification card, then windowsill has been adequately cleaned.

3.5.2.1.2.1.3 If the cloth does not match and is darker than the cleaning verification card, wait for one (1) hour or until the surface has dried completely, whichever is longer.

3.5.2.1.2.1.4 After waiting for the windowsill to dry, wipe the windowsill with a dry disposable cleaning cloth. After this wipe, the windowsill has been adequately cleaned.

3.5.2.1.2.2 Wipe uncarpeted floors and countertops within the work area with a wet disposable cleaning cloth. Floors must be wiped using an application device with a long handle and a head to which the cloth is attached. The cloth must remain damp at all times while it is being used to wipe the surface for post-renovation cleaning verification. If the surface within the work area is greater than 40 square feet, the surface within the work area must be divided into roughly equal sections that are each less than 40 square feet. Wipe each such section separately with a new wet disposable cleaning cloth. If the cloth used to wipe each section of the surface within the work area matches the cleaning verification card, the surface has been adequately cleaned.

3.5.2.1.2.2.1 If the cloth used to wipe a particular surface section does not match the cleaning verification card, re-clean that section of the surface as directed in Sections 3.5.1.5.2.2 and 3.5.1.5.2.3, then use a new wet disposable cleaning cloth to wipe that section again. If the cloth matches the cleaning verification card, that section of the surface has been adequately cleaned.

3.5.2.1.2.2.2 If the cloth used to wipe a particular surface section does not match the cleaning verification card after the surface has been re-cleaned, wait for one (1) hour or until the entire surface within the work area has dried completely, whichever is longer.

3.5.2.1.2.2.3 After waiting for the entire surface within the work area to dry, wipe each section of the surface that has not yet achieved post-renovation cleaning verification with a dry disposable cleaning cloth. After this wipe, that section of the surface has been adequately cleaned.

3.5.2.1.3 When the work area passes the post-renovation cleaning verification, remove the warning signs.

3.5.2.2 Exteriors

A certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills and the ground. If dust, debris or residue is present, these conditions must be eliminated and another visual inspection must be performed. When the area passes the visual inspection, remove the warning signs.

3.5.3 Optional dust clearance testing Cleaning verification need not be performed if the contract between the renovation firm and the person contracting for the renovation or another federal, state, or local law or regulation requires:

3.5.3.1 The renovation firm to perform dust clearance sampling at the conclusion of a renovation covered by this Section.

3.5.3.2 The dust clearance samples are required to be collected by a certified inspector, risk assessor or dust sampling technician.

3.5.3.3 The renovation firm is required to re-clean the work area until the dust clearance sample results are below the clearance standards in Section 5.2.5.8 or any applicable state, territorial, or local standard.

3.5.4 Activities conducted after post-renovation cleaning verification

Activities that do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by this Section if they are conducted after post-renovation cleaning verification has been performed.

3.5.5 Written acknowledgment

The written acknowledgments required by this Section must:

3.5.5.1 Include a statement recording the owner or occupant’s name and acknowledging receipt of the pamphlet prior to the start of renovation, the address of the dwelling unit(s), common area(s), or child-occupied facility undergoing renovation, the signature of the owner or occupant as applicable, and the date of signature.

3.5.5.2 Be either a separate sheet or part of any written contract or service agreement for the renovation.

3.5.5.3 Be written in the same language as the text of the contract or agreement for the renovation or, in the case of non-owner occupied target housing, in the same language as the lease or rental agreement or the pamphlet.

3.6 Recordkeeping and reporting requirements

3.6.1 Firms performing renovations must retain and, if requested, make available to the Health Authority all records necessary to demonstrate compliance with this Section for a period of three (3) years following completion of the renovation. This three (3)–year retention requirement does not supersede longer obligations required by other provisions for retaining the same documentation, including any applicable federal, state or local laws or regulations.

3.6.2 Records that must be retained pursuant to Section 3.6.1 shall include (where applicable):

3.6.2.1 Records or reports certifying that a determination had been made that lead-based paint was not present on the components affected by the renovation, as described in Section 3.2. These records or reports include:

3.6.2.1.1 Reports prepared by a certified inspector or certified risk assessor.

3.6.2.1.2 Records prepared by a certified renovator after using EPA-recognized test kits, including an identification of the manufacturer and model of any test kits used, a description of the components that were tested including their locations, and the result of each test kit used.

3.6.2.2 Signed and dated acknowledgments of receipt as described in Section 3.4

3.6.2.3 Certifications of attempted delivery.

3.6.2.4 Certificates of mailing

3.6.2.5 Records of notification activities performed regarding common area renovations and renovations in child-occupied facilities.

3.6.2.6 Documentation of compliance with the requirements of Section 3.5, including documentation that a certified renovator was assigned to the project, that the certified renovator provided on-the-job training for workers used on the project, that the certified renovator performed or directed workers who performed all of the tasks described in Section 3.5 and that the certified renovator performed the post-renovation cleaning verification. If the renovation firm was unable to comply with all of the requirements of this rule due to an emergency as defined in Section 3.3, the firm must document the nature of the emergency and the provisions of the rule that were not followed. This documentation must include a copy of the certified renovator’s training certificate, and a certification by the certified renovator assigned to the project that:

3.6.2.6.1 Training was provided to workers (topics must be identified for each worker).

3.6.2.6.2 Warning signs were posted at the entrances to the work area.

3.6.2.6.3 If test kits were used, that the specified brand of kits was used at the specified locations and that the results were as specified.

3.6.2.6.4 The work area was contained by:

3.6.2.6.4.1 Removing or covering all objects in the work area (interiors).

3.6.2.6.4.2 Closing and covering all HVAC ducts in the work area (interiors).

3.6.2.6.4.3 Closing all windows in the work area (interiors) or closing all windows in and within 20 feet of the work area (exteriors).

3.6.2.6.4.4 Closing and sealing all doors in the work area (interiors) or closing and sealing all doors in and within 20 feet of the work area (exteriors).

3.6.2.6.4.5 Covering doors in the work area being used for entrance and egress with a cover that allows easy passage of personnel and equipment, but prevents the spread of dust. (Examples include heavy-duty tarps or plastic sheeting)

3.6.2.6.4.6 Covering the floor surface, including installed carpet, with taped-down plastic sheeting or other impermeable material in the work area 6 feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to contain the dust, whichever is greater (interiors) or covering the ground with plastic sheeting or other disposable impermeable material anchored to the building extending ten (10) feet beyond the perimeter of surfaces undergoing renovation or a sufficient distance to collect falling paint debris, whichever is greater, unless the property line prevents ten (10) feet of such ground covering, weighted down by heavy objects (exteriors).

3.6.2.6.4.7 Installing (if necessary) vertical containment to prevent migration of dust and debris to adjacent property (exteriors).

3.6.2.6.5 Waste was contained on-site and while being transported off-site.

3.6.2.6.6 The work area was properly cleaned after the renovation by:

3.6.2.6.6.1 Picking up all chips and debris, misting protective sheeting, folding it dirty side inward, and taping it for removal.

3.6.2.6.6.2 Cleaning the work area surfaces and objects using a HEPA vacuum and/or wet cloths or mops (interiors).

3.6.2.6.7 The certified renovator performed the post-renovation cleaning verification (the results of which must be briefly described, including the number of wet and dry cloths used).

3.6.3 Information provided following renovation

3.6.3.1 When the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information pertaining to compliance with this Section to the following persons:

3.6.3.1.1 The owner of the building; and, if different,

3.6.3.1.2 An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or the operator of the child-occupied facility, if the renovation took place within a child-occupied facility.

3.6.3.2 When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this Section or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.

3.6.3.3 The information required to be provided by Section 3.6.3 may be provided by completing the sample form titled “Sample Renovation Recordkeeping Checklist” or a similar form containing the test kit information required by Section 3.6.2.1.2 and the training and work practice compliance information required by Section 3.6.2.6.

3.6.4 If dust clearance sampling is performed in lieu of cleaning verification as permitted by Section 3.5.3 the renovation firm must provide, when the final invoice for the renovation is delivered or within 30 days of the completion of the renovation, whichever is earlier, a copy of the dust sampling report to:

3.6.4.1 The owner of the building; and, if different,

3.6.4.2 An adult occupant of the residential dwelling, if the renovation took place within a residential dwelling, or the operator of the child-occupied facility, if the renovation took place within a child-occupied facility.

3.6.4.3 When performing renovations in common areas of multi-unit target housing, renovation firms must post these dust sampling reports or information on how interested occupants of the housing being renovated can obtain a copy of the report. This information must be posted in areas where they are likely to be seen by the occupants of all of the affected units.