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New EPA Lead-Based Paint Renovation, Repair, and Painting Rule in effect April 2010

Contractors who perform certain work in homes, child care facilities, and schools built before 1978 must follow new requirements.

Beginning April 2010, contractors performing renovation, repair, and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.

The new Environmental Protection Agency rules include prerenovation advisement requirements as well as training, certification, and work practice requirements.

Prerenovation advisement requirement

  • Contractors, property managers, and others (including maintenance workers) who perform renovations for compensation in residential houses, apartments, and child-occupied facilities built before 1978 are required to distribute a lead pamphlet before starting renovation work. 
  • Contractors should document the distribution of the pamphlet. An EPA form can aid in this effort.

More training, certification, and work practice requirements
The following requirements are effective as of April 22, 2010:

  • Firms will be required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices which minimize occupants' exposure to lead hazards must be followed.
  • Renovation will be broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.
  • The program will enact requirements from both Section 402(c) and 406(b) of the Toxic Substances Control Act. (EPA's lead regulations can be found at 40 CFR Part 745, Subpart E.)

Under a new state law (House Bill 2134) the Oregon Department of Human Services will:

  • Develop accreditation programs for training providers
  • Prescribe the requirements and manner for testing the competency of license applicants
  • Prescribe actions and circumstances that constitute failure to achieve or maintain competency
  • Develop and conduct programs to screen blood lead levels, identify hazards, and educate the public about lead based paint hazards and protective measures as well as impose fees to cover administrative costs

Currently, there are only a few certified trainers in Oregon. The Oregon Homebuilders Association (OHA) is working with the EPA and the National Center for Healthy Housing to schedule training sessions in cooperation with local homebuilder associations around the state.

OHA also is working on an online training to use in conjunction with the hands-on portion. Anyone wishing to become a certified trainer should follow the federal application process until the Oregon rules are in place (expected by January 1, 2010). Reciprocity will be granted for those certified federally.

For more information contact the Oregon Lead Poisoning Prevention Program or see the EPA Renovation, Repair and Painting topic page.