Frequently Asked Questions

Any work performed for pay, including painting and remodeling, that results in the disturbance of painted surfaces in pre-1978 homes and child-occupied facilities. Examples include: 

• Removal or modification of painted components such as doors
• Repairing a painted surface or preparing it for repainting by sanding, scraping, burning, or other action that may generate paint dust
• Removal of walls, ceilings, and other structures
• Re-plastering
• Re-plumbing
• Weatherization work that disturbs painted surfaces
• Window replacement

Target Housing

Housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 years resides in or is expected to reside in such housing) and 0-bedroom dwellings.

Child-Occupied Facility

Day care, pre-school, kindergarten classroom, or other facility in a building constructed prior to 1978 that is visited regularly by the same child under age 6, on at least two different days within any week, provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.

Actions include:

1. Deliver information pamphlet to occupants before beginning work (already required)
   
2. Place a visible sign defining the work area and warning occupants not to enter it
   
3. Isolate/contain the work area so that no visible dust or debris leaves the work area
   
4. Contain, store, and transport renovation waste material safely to prevent release of and access to dust and debris
   
5. Avoid banned practices such as using high-temperature heat gun, torch, and uncontrolled use of machines such as power sander and plane
   
6. After completing work, clean the work area until no visible dust, debris or residue remains
   
7. After cleaning, conduct post-cleaning verification or dust clearance sampling
   
8. After all interior work area passes cleaning verification or dust clearance sampling and all exterior work area passes the visual inspection, remove the warning sign

As of April 22, 2010, all renovation work in target housing must be conducted by certified firms, certified renovators, and workers who have had on the job training regarding job-specific work practices. States may adopt the rules with different timeframes.

An individual renovator must complete a renovator training course accredited by Enviromental Protection Agency (EPA) or a state program and obtain a renovator certification from EPA or a state program.

A renovation firm must be certified and employ at least one trained, certified renovator, who must provide uncertified workers with on-the-job training on job-specific work practices.

The Environmental Protection Agency will delegate the renovation program to any state or tribe that seeks authorization to administer it and demonstrates that its program will be at least as protective as the Environmental Protection Agency’s. States have the option to make the rule more protective than the Environmental Protection Agency. New Hampshire and 38 other states have accepted delegation of Environmental Protection Agency’s rules for lead abatement.

The following exemptions to the rule apply:

• Abatement: Activities conducted under abatement rules by certified abatement contractor.
• Minor Repair or Maintenance Activities: Activities that will, within a 30-day period, disturb less than 6 square feet per room for interior activities; or 20 square feet for exterior activities. Exemption does not apply to window replacement; demolition; or use of banned practices.
• No lead-based paint will be disturbed as determined by:
  • Proper use of Environmental Protection Agency-recognized test kit by certified renovator
  • Testing of paint by certified lead inspector or risk assessor
• Do-It-Yourself: Work performed by an owner an owner-occupied residence.

Additional limits include:

• Emergency Renovations Not Due to an Elevated Blood Level: May be exempt from information distribution, warning signs, containment, waste handling, training and certification requirements; cleaning requirements, cleaning verification, and recordkeeping still required.
  
• Emergency Renovations in Response to Elevated Blood Lead in Resident Child: Interim controls are exempt only from advance information distribution requirements.