1. What is the RRP Rule/Lead-Safe Renovation and when did this become effective?
Effective July 9, 2010, the Department of Labor Standards (formerly Division of Occupational Safety) promulgated amendments to 454 CMR 22.00 (Deleading and Lead-Safe Renovation), and, in conjunction with the Executive Office for Administration and Finance, amendments to 801 CMR 4.02 454 (16) and (18) (Licensing Fees for Lead-Safe Renovation Contractors and Lead-Safe Renovator Training Providers). The amendments to 801 CMR 4.02 454 (16) and (18) change the licensing fee and surcharges for Lead-Safe Renovation Contractors from $575 for a one-year license to $375 for a five-year license, and waive the $1,775 annual fee for Lead-Safe Renovator Training Providers if they are a State, federally recognized Indian Tribe, local government or non-profit organization.
These amendments, which establish safety standards for renovation, repair and painting work that disturbs lead paint in target housing and child-occupied facilities built before 1978, parallel similar federal EPA requirements that became effective on April 22, 2010 under the "Renovation, Repair and Painting Rule" (RRP Rule), 40 CFR 745.80-92. The amendments to 454 CMR 22.00 are designed to be as protective of human health and the environment as the federal standard. Effective July 9, 2010, DLS received authorization from EPA to administer and enforce the lead safety standards for renovation, repair and painting work set forth in 454 CMR 22.00, in lieu of the federal standard being enforced by EPA in Massachusetts.
2. What if I own property and have my own maintenance staff to do Lead-safe Renovation (LSR) work, or want to do the LSR work myself?
DLS does not require a property owner in such instances to be licensed as a Lead-Safe Renovation Contractor, but instead will grant a Lead-Safe Renovation Contractor Licensing Waiver to those persons, companies or other entities that perform renovation work at their own property using their own regular employees or Responsible Persons.
To apply for a Lead-Safe Contractor Licensing Waiver:
- Download the Lead-Safe Contractor Licensing Waiver; complete the application.
- Submit a letter signed by the property owner, department manager or company official requesting a Lead-Safe Renovation Contractor Licensing Waiver, which includes an affirmation that the Licensing Waiver will be used solely for Renovation Work which conforms to the limitations set by 454 CMR 22.03(3)(a) and that the requirements set forth at 454 CMR 22.11(3) and (4) will be met on all Renovation Projects.
- Attach a copy of your Deleading Supervisor or RRP training certificate.
- Mail or hand-deliver the completed application and accompanying documents to our Boston office for review. Allow 2-3 weeks for us to process your application. We will contact you if we need more information. Please note: incomplete applications that are submitted will cause the processing time to be delayed considerably. After approval, we will mail your license waiver to you.
3. What Can I Do If I See Someone Working in Violation of the Law?
DLS has a team of inspectors stationed across the state who investigate tips and complaints and stop by worksites to inspect contractors and others that are performing LSR work. DLS inspectors check to see that work is being performed by properly trained and licensed workers and contractors, and that the work is being conducted safely and as required by the regulation. Contractors found in violation of the LSR regulation can face penalties by DLS such as: issuance of a Cease Work Order; license suspension or revocation; civil penalty fines of up to $5,000 per violation.
If you think a contractor or worker is not following proper procedures, or is doing something that is unsafe, you should call DLS at 617-626-6960 and let us know where the work is being done.
4. What Happens if I Hire Someone to Work in My Home Who Doesn't Have a LSR License?
Contractors performing LSR work are required to be licensed by DLS; their employees must be trained in the use of lead-safe work practices, and those lead-safe work practices must be followed to minimize occupants' exposure to lead hazards. If you hire someone who is untrained and unlicensed, you risk putting your family's and your own health in danger through lead exposure. A person who has taken the required training knows how to prepare the work area, use work practices that minimize the generation of lead paint dust, and knows how to clean up properly. Please read our brochure entitled, "5 Reasons Why You Need To Hire A Lead-Safe Contractor."
5. Deleading vs. Renovation, Repair and Painting Work: What's the Difference?
While deleading activities conducted in residences and child-occupied facilities often involve work methods similar to those typically used in renovation, repair or painting (RRP) activities, such as replacing windows, painting and installing vinyl siding, the two types of activities are distinct from each other in terms of purpose and effect.
Deleading work is work conducted to achieve compliance with the Massachusetts Lead Law through the abatement of lead paint hazards. Carried through to completion, deleading work leads to the issuance of a document called a Letter of Compliance, which indicates that the property has met deleading requirements administered by the Childhood Lead Poisoning Program of the Massachusetts Department of Public Health (CLPPP) under the Massachusetts Lead Law and 105 CMR 460.000. In some instances, deleading work takes place after the owner has received an order to bring the property into compliance with the Massachusetts Lead Law. In other instances, the owner voluntarily decides to delead the property and seek a Letter of Compliance.
Lead-safe Renovation work (LSR work) is work conducted for a fee that disturbs more than threshold amounts of painted surfaces in pre-1978 residences (target housing) and child-occupied facilities (kindergartens, daycares, etc.), where the purpose of the work is other than the abatement of lead paint hazards or the achievement of a Letter of Compliance. Renovation work is often carried out to repair, upgrade or beautify the property.
Once you have made the initial determination regarding whether your project is a renovation project or a deleading project, the next question is how to choose a contractor who is licensed and qualified to perform the work. Click on the following content for a helpful guide on choosing a deleading contractor, "Deleader Contractor Information Bulletin." Click on the following link to view a helpful guide on choosing a "lead safe" renovation contractor, " Lead Safe Renovation Contractor Information Bulletin."