The U.S. Environmental Protection Agency has stepped up its enforcement of the Lead: Renovation, Repair and Painting rule with inspections that focus on company certification and other records required under the rule governing the renovation of older homes, according to remodelers and contractors who have been subject to the inspections.

Under the EPA’s lead paint regulation, remodelers and other contractors working in homes built before 1978 must take precautions to contain lead dust — including using lead-safe work practices, establishing dust containment areas and containing dust during the renovation, cleaning up after the project and maintaining detailed records.

The regulation also requires that they obtain training and certification, and that they distribute the EPA’s "Renovate Right" lead-safe guide to their home owner clients.

 “Although the EPA requires dust containment, lead-safe work practices and cleaning verification on job sites, they’re rarely inspecting renovation activities,” said Matt Watkins, environmental policy analyst at NAHB.

“We’re hearing from the field that inspectors are reviewing records, and the most frequent lapses reported are a failure to obtain firm certification and a failure to get signatures from home owners when handing out the ‘Renovate Right’ pamphlet.”

Remodelers reported that they have been given a week’s notice about an impending inspection — either through a letter or a phone call from their EPA regional office — requesting a meeting  typically to review their business records for the last three years.

They also reported that inspectors have asked to see documents confirming their status as a certified renovator and certified firm under the lead rule. In addition, inspectors have asked to see the signatures of home owners verifying that they have received the "Renovate Right" pamphlet, as well as lead testing results and all documentation for following the lead rule’s work practices.

Be Prepared for Lead Rule Inspections

Prior to an inspection, remodelers should develop a system for keeping records on jobs applicable to the lead rule.

For example, they should note in their job record if the home they renovated was built before 1978 and keep copies of the following documents in their company records:

• Copy of their certified renovator certificate
• Copy of their certified firm certificate
• Signed verification receipts of the "Renovate Right" pamphlet — by home owners or residents
• Results of any lead testing, including EPA-recognized test kits
• Work practice checklist for the job
• Operation and maintenance records for HEPA vacuums

Some EPA inspectors have also requested verification of worker training for individuals working under the supervision of a certified renovator.

However, the agency does not have guidance on what this documentation would entail, so some remodelers have considered creating a verification form to be signed by workers stating that they have received training on lead-safe work practices required under the rule from a certified renovator.

NAHB advises remodelers to review the compliance resources and samples for record keeping available at www.nahb.org/leadcompliance. The members-only tool includes compliance and record-keeping checklists, the EPA’s "Renovate Right" pamphlet, sample home owner and tenant notification forms and more.

To prepare for the inspections, remodelers are encouraged to collect and have all pertinent records ready for the meeting with the EPA inspector. During the meeting, remodelers should allow the inspector to review all the records requested.

Remodelers should also consider contacting an attorney with experience in regulatory inspections to ensure that they have someone on hand for guidance during the process.

“Whatever you do, do not falsify records,” said Watkins. “This can lead to bigger fines and criminal prosecution. It’s best to share what you have and work with the EPA to rectify any gaps.”

Once the records have been reviewed, the EPA inspector will create a report — with possible enforcement action recommendations. The inspector’s report is then submitted for review, and remodelers and contractors may have 90 days or longer before they receive notice of any fines or other enforcement actions being taken.

EPA penalties range from as little as $130 to as much as $37,500 per violation, per day. The agency calculates fines according to its Consolidated Enforcement Response and Penalty Policy for RRP.

For more information on the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins or call him at 800-368-5242 x8327.

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