July 6, 2010 – On June 18, EPA announced delay of enforcement of new Lead Renovation, Repair and Painting (RRP) regulations that had been put into effect on April 22. Until October 1, EPA will not take enforcement action for violations of RRP Rule’s firm certification requirement. Concerning violations of RRP Rule’s renovation worker certification requirement, EPA will not enforce against individual renovation workers if the person has applied to enroll in, or has enrolled in certified renovator class.
Senate Looks to Delay EPA Lead RRP Violations
July 21, 2010The U.S. Senate is trying to provide some relief to contractors facing compliance of the Environmental Protection Agency’s Lead: Renovation, Repair, and Paint Rule (RRP).
Legislation sponsored by Sen. Susan Collins (R-Maine) will temporarily block fines that require certification to remove lead paint in homes and certain facilities built prior to 1978. The proposal was attached to a supplemental funding bill and approved by a 60-37 vote on May 27.
The amendment prohibits the EPA from using funds in the bill to levy fines against contractors under its new lead paint abatement rule through September 30. The bill is now in the hands of the House of Representatives.
The RRP Rule, which went into effect on April 22, requires contractors to be EPA certified when working in homes built before 1978, or face fines up to $37,500 per violation per day.
“I support the EPA lead paint abatement rule. There simply is no question that we must continue our efforts to rid lead-based paint from our homes, Collins said in a press release following the vote. “But the EPA has botched the implementation of this rule.”
“The problem is there still aren’t enough EPA-certified trainers in place to certify contractors,” Collins added. “As a result, contractors face devastating fines. The intent of my amendment is to give small contractors and construction professionals more time to comply with the new rule.”
The amendment is supported by the National Federation of Independent Businesses, the National Association of Homebuilders, the Window and Door Manufacturer Association, and the National Lumber, and Building Material Dealers Association.
The New Lead RRP Rule
July 21, 2010Lead paint clearance testing and abatement is becoming an increasingly important topic for remodelers as government requirements to control the hazard intensify. On April 22, 2010, federal law will require that contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, childcare facilities and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.
“The Lead RRP rule comes into effect anytime 6 sq. ft. of a painted surface will be disturbed inside or outside a home,” says Ada Duffy, CR, CLC, spokesperson for Milwaukee Lead/Asbestos Information Center, Inc. “When that criterion is met, it will be required that one person per crew be a certified renovator to handle the lead paint cleanup properly. In addition, that certified renovator has to work for a certified firm.”
Currently the one-day Lead Safe Work certification program is administered through the EPA. States will also be able to carry out the program as they apply for the state to do so. Beyond being certified, the responsibilities of certified remodelers include the following.
* Training the entire crew on proper removal practices
* To be present and to facilitate the posting of appropriate signage
* Hand out the informational pamphlet no more that 60 days before the renovation work and obtain written acknowledgement that the occupant has received it
* To ensure that proper containment aids are being set up
* Make certain that lead safe work practices are implemented
* To be present on-site at all times during cleanup
* Perform the cleaning verification at the end of the process
* Keep accurate records of the entire process
If performing interior renovations, it is important to remove all objects from the work area. Any objects that can’t be removed should be appropriately covered with plastic. All duct openings in the work area should also be closed and covered. Plastic sheeting should be used to shield all doors, windows and floor surface including carpet. Precautions should also be taken to ensure all personnel, tools and other items are free of dust before leaving the work area.
When carrying out an exterior project, all doors and windows within 20 ft. of the renovation should be closed. Doors that will be used within the work zone while the job is being performed require plastic sheeting. To avoid contamination, plastic sheeting needs to cover the ground in the area being worked on and extend 10 ft. from the zone.
The main focus at the end of the job is to make sure that everything was cleaned up adequately. That means eliminating the dust that was possibly created. During cleanup all paint chips and debris must be collected, all protective sheeting should be removed, and a HEPA vacuum with a beater bar attachment is required for carpeted floors. Waste must be contained to prevent releases of dust and debris during and after the cleanup.
Additionally, for interior cleanup, all objects in the work area and within 2 ft. of the work area must be cleaned. For walls, cleaning should start at the ceiling working down using a HEPA vacuum or wiping with a damp cloth.
Remaining surfaces should be cleaned thoroughly with a HEPA vacuum or damp cloth as well. During the cleaning verification process, windowsills, the floor and countertops are all areas that will have to be inspected before the project can be reopened.
“Rather than looking at this as an inconvenience from more regulation, it’s actually going to result in the safety of workers and homeowners and perhaps a better sales tool for remodelers,” explains Duffy. “Homeowners may be more inclined to hire a qualified remodeler rather than someone who doesn’t work lead safe. This could result in more projects for remodelers who are certified as homeowners decide not to take on the task themselves.”
Until this rule goes into effect, the EPA recommends anyone performing renovation, repair and painting projects that could disturb lead-based paint in pre-1978 homes, childcare facilities and schools follow lead-safe work practices. The contractor should follow these three simple procedures: Contain the work area, minimize dust and clean up thoroughly.
For additional information on this new rule and all Lead Safe removal practices please visit these sites:
Information on the EPA Lead program: http://www.epa.gov/lead
Information on the Lead Safe rule: http://www.epa.gov/lead/pubs/renovation.htm
Application information on certifying a firm: http://www.epa/gov/lead/pubs/toolkits.htm
To locate certified training firms: http://www.epa.gov/lead/pubs/trainingproviders.htm
The Renovation, Repair and Painting Rule
July 21, 2010Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
On April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning in 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 must follow specific work practices to prevent lead contamination. Until that time, HUD and EPA recommend that anyone performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools follow lead-safe work practices.
There are some differences between the EPA RRP Rule and the HUD Lead Safe Housing Rule (LSHR). A major difference is that the LSHR requires clearance examinations. All housing receiving federal assistance must still comply with the LSHR. OHHLHC provides Information on complying with the LSHR and RRP, and Frequently-asked Questions from Grantees. Additional information for renovators is available.
All contractors should follow these three simple procedures:
* Contain the work area.
* Minimize dust.
* Clean up thoroughly.
From December 2008, the rule has required that contractors performing renovation, repair and painting projects that disturb lead-based paint provide to owners and occupants of child care facilities and to parents and guardians of children under age six that attend child care facilities built prior to 1978 the lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) | en español (PDF)
Starting on April 22, 2010, the rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities, including:
* Renovation contractors
* Maintenance workers in multi-family housing
* Painters and other specialty trades.
Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.
Read EPA’s Lead Renovation, Repair and Painting Program Rule.
Additional information on becoming an EPA-certified renovator or training provider is available on EPA’s Renovator and Trainer Tool Box site.
Florida Mold License Examination
July 18, 2010Chapter 468, Part XVI, Florida Statutes, provides for licensure and regulation of mold assessors and remediators. The law became effective July 1, 2010, and provides that the mold related services licensing program will be administered by Florida’s Department of Business and Professional Regulation (DBPR).
DBPR has chosen ACAC to provide the license examinations required by Chapter 468, and has approved six ACAC certification exams for this purpose:
Mold Assessor Exams
All of the following tests are approved by DBPR for the Florida mold assessor license. License applicants may register for the exam of their choosing
Council-certified Indoor Environmentalist (CIE)
100 question exam on the investigation of indoor environmental issues including asbestos, lead, HVAC, building science, chemicals, mold and microbial contamination.
Council-certified Indoor Environmental Consultant (CIEC)
120 question exam on the investigation of indoor environmental issues including asbestos, lead, HVAC, building science, chemicals, mold and microbial contamination.
Council-certified Microbial Consultant (CMC)
120 question exam on the investigation of suspected microbial contamination, including the design and execution of microbial sampling regimens.
Mold Remediator Exams
All of the following tests are approved by DBPR for the Florida mold remediator license. License applicants may register for the exam of their choosing:
Council-certified Microbial Remediator (CMR)
100 question exam on proper techniques for microbial remediation in the indoor environment.
Council-certified Microbial Remediation Supervisor (CMRS)
120 question exam on proper techniques for microbial remediation in the indoor environment.
Council-certified Indoor Environmental Supervisor (CIES)
120 question exam on proper techniques for remediating environmental issues including asbestos, lead, hazardous materials, chemicals and microbial contamination.
John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com
Can ozone air cleaners remove indoor mold?
July 18, 2010Some air cleaners are designed to produce ozone which is a strong oxidizing agent and a known irritant of the lungs and respiratory system. Studies have shown that ozone, even at high concentrations, is not effective at killing airborne mold or surface mold contamination. Even if mold was killed by ozone, the health threats would not be reduced until mold contaminants are removed through cleaning. Health experts, including the Minnesota Department of Health, do not recommend the use of ozone to address mold or any other indoor air problems.
John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com
2010 ASHRAE Ventilation Standard Brings Breath of Fresh Air to Industry
July 16, 2010ANSI/ASHRAE Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality, sets minimum ventilation rates and other requirements for commercial and institutional buildings.
“Since first being published in 1973, the standard has provided the basis for ventilation system design throughout the industry,” Roger Hedrick, committee chair, said. “The 2010 standard furthers ASHRAE’s work in ensuring acceptable indoor air quality, while also heeding the need for energy efficiency as we strive to find ways to help designers tailor ventilation system designs to each particular application.”
Among the changes to the 2010 standard are modifications to the Natural Ventilation Rate Procedure, which now requires most buildings designed to meet the natural ventilation requirements also include a mechanical ventilation system designed to meet the Ventilation Rate or IAQ procedures. The mechanical system is to be used when windows are closed due to extreme outdoor temperatures, noise and security concerns.
“Most buildings using natural ventilation in the United States are high-rise residential buildings that often have no form of outdoor air intake other than operable windows,” Hedrick said. “This results in buildings with inadequate ventilation, because occupants often leave the windows closed in order to run the air conditioning, keep out noise, etc. The committee felt it needed to strengthen the existing prescriptive requirements to ensure adequate ventilation and their corresponding IAQ benefits are available to occupants.”
Another change relocates requirements related to exhaust systems to a new section, clarifying that exhaust requirements apply to all buildings regardless of the procedure used to determine outdoor air intake flow rates.
The IAQ procedure, which allows for the calculation of the amount of outdoor air necessary to maintain the levels of indoor air contaminants below recommended levels, has been made more robust by increasing requirements for using the “similar building” design approach and clarifying other requirements.
“The standard now contains, in informative Appendix B, a table of volatile organic compounds that designers might want to consider as possible contaminants of concern,” Hedrick said. “To encourage designers to consider ‘additivity’ when applying the IAQ Procedure, some guidance from the American Conference of Governmental Industrial Hygienists has been included.”
The cost of Standard 62.1-2010, Ventilation for Acceptable Indoor Air Quality, is $69 ($59 ASHRAE members). To order, contact ASHRAE Customer Service at 1-800-527-4723 (United States and Canada) or 404-636-8400 (worldwide), fax 404-321-5478, or visit http://www.ashrae.org/bookstore.
ASHRAE, founded in 1894, is an international organization of some 50,000 persons. ASHRAE fulfills its mission of advancing heating, ventilation, air conditioning and refrigeration to serve humanity and promote a sustainable world through research, standards writing, publishing and continuing education.
John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com
Grandfathering Under the Florida Mold Law
July 14, 2010Florida’s mold-related services law, which went into effect on July 1, 2010, requires that all mold assessors and mold remediators obtain a license to work in the state.
Individuals currently practicing mold assessment and remediation will be pleased to learn that the state law includes a “grandfather” clause allowing applicants to qualify for the license until March 1, 2011.
Florida will accept “grandfather” applications from two types of people:
1. Individuals who are certified as mold assessors or mold remediators by state or national associations that require a proctored examination in mold assessment or mold remediation. These grandfather applicants must also submit proof of completion of at least 60 hours of education in mold assessment or at least 30 hours of education in mold remediation.
2. Individuals who can demonstrate at least three years of field experience in mold assessment or mold remediation. As proof of field experience, these grandfather applicants must submit 40 invoices for mold assessment or mold remediation services.
Individuals who do not meet either of these criteria for grandfathering may obtain a license by taking one of six ACAC certification exams and completing Florida’s initial license application.
John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com
Have You Applied for Your Florida Mold License?
July 14, 2010Applying for the Florida Mold License is easy!
As of July 1, 2010, all mold assessors and mold remediators must obtain a state license to work in Florida. The Department of Business & Professional Regulation (DBPR) has delayed enforcement of the law until July 1, 2011 to allow license applicants to acquire the documentation, training and examination required by the law.
Additionally, the state law includes a “grandfather” clause, which allows applicants to qualify for the license until March 1, 2011 without taking an examination. ACAC certificants are already qualified for the license according to this clause, and ACAC recommends that certificants who wish to work in Florida take advantage of the grandfathering opportunity as soon as possible.
To complete the application, you will need:
•A copy of your current ACAC certificate
•Proof of a successful ACAC examination
•Proof of 60 hours of approved training for assessors and 30 hours of approved training for remediators
•Background check and fingerprints
•Proof of insurance: all applicants must hold $1 million dollars in general liability insurance (assessors must also carry $1 million in errors and omissions insurance)
John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com
Do I currently need a Florida State License to perform Mold related services (assessment or remediation)?
July 14, 2010Do I currently need a Florida State License to perform Mold related services (assessment or remediation)?
Yes, A license will be required after July 1, 2010; however, Florida Statutes provide that unlicensed activity will not be enforced until July 2011.
If my company does both Mold Assessments and Mold Remediations, will I be required to get two (2) licenses (one for Mold Assessor and one for Mold Remediator?
This would be considered a conflict of interest by the state, Section 468.8419(1)(d), F.S., provides that an assessor may not “perform or offer to perform any remediation to a structure on which the mold assessor or the assessor’s company provided a mold assessment within the last 12 months.” Section 468.8419(2)(d), F.S., provides that a remediator may not “perform or offer to perform any assessment to a structure on which the mold remediator or the remediator’s company provided a mold remediation within the last 12 months
John P. Lapotaire, CIEC
Certified Indoor Environmental Consultant
Microshield Environmental Services, LLC
www.Microshield-ES.com
www.CFL-IAQ.com

Posted by John P. Lapotaire, CIEC