Q: I'm considering a job remodeling a kitchen on a pre-1978 house. The budget-conscious client wants to save money by doing the demo work himself, which I understand he can legally do in his own home. Can I come onto the job afterward and work without following lead-safe work practices, since I won't be doing any demo?
A: Shawn McCadden, a remodeling industry specialist and consultant in Groton, Mass., responds: One of the challenges of the Renovation, Repair, and Painting (RRP) rule is trying to interpret what the text of the rule means. At only eight hours, the required certification training class concentrates on work practices and spends very little time on the nitty-gritty of the actual rule. One place I find helpful for interpretations is the RRP FAQ area of the EPA website, where this question is directly addressed. The EPA's answer is straightforward: "No. Projects that do not disturb a painted surface are not subject to the RRP rule."
In such a situation, to protect yourself and your business, I recommend that you document the condition of the space before you get started - maybe even take a few pictures. Keep this information in the job folder for historical purposes. I also recommend that you make notes in your written contract that your work will not include any demolition, and that demolition and cleaning of the site are to be done by others before you begin.
In short, going along with this homeowner's request is legal and you can do the work with traditional work practices. However, to perform work - or even offer to perform work - on a pre-1978 home, you still must be an EPA-certified firm. The only exception is if you are in a state that has received EPA authorization to administer and enforce its own version of the rule, in which case you will have to meet those state requirements. Also, it's a good idea to HEPA-vac the space before you start work, to limit your workers' potential exposure to any remaining dust, and to prevent that dust from being tracked around the house during the course of the project.
