The EPA lead paint rule: what every trade needs to know about pre-1978 homes

TL;DR: Ask what year the property was built before booking work. If it was built before 1978 and the job disturbs painted surfaces, the EPA RRP rule may apply, even for plumbing, electrical, HVAC, handyman, and window work.

One question on the booking call can prevent a failed job

A call comes in for two old windows or a new bathroom fan with a ceiling patch. Nobody asks when the house was built. The tech arrives with a drill and a drop cloth, not plastic sheeting, signs, and a HEPA vacuum. There is no signed pamphlet.

Now the job stops and gets rebooked, or it gets done the wrong way. The question that would have caught it takes ten seconds on the booking call.

The EPA Renovation, Repair and Painting rule is often called the RRP rule. It appears in 40 CFR Part 745, Subpart E. It applies to renovations performed for compensation in target housing and child-occupied facilities.

The trigger is the age of the property and the amount of painted surface disturbed. It is not the trade.

For more questions to ask before booking a visit, see questions to ask on every remodel call.

A pre-1978 house is usually the starting point

Target housing means housing built before 1978, with limited exceptions. The exceptions cover housing for the elderly or persons with disabilities, and 0-bedroom dwellings such as studio apartments, unless a child under 6 lives there or is expected to live there.

A child-occupied facility is a pre-1978 building or part of one that the same child under 6 visits regularly. The rule lists a schedule of at least two days a week, three hours each day, six hours a week combined, and 60 hours a year combined. Some daycares, preschools, and kindergarten classrooms fit that description.

The word renovation is broad. It means modifying an existing structure, or part of one, in a way that disturbs painted surfaces. The job does not need to be a full remodel.

The small-job exception does not protect window replacement

Work that disturbs 6 square feet or less of painted surface per room inside, or 20 square feet or less outside, is treated as minor repair and maintenance. HVAC, electrical, and plumbing work appear as examples.

That exception has limits. It does not apply to window replacement or demolition of painted surface areas. It also does not apply when the work uses prohibited or restricted practices.

Window replacement is covered regardless of how small the disturbed area is. Two windows can be a covered renovation even when the job sounds minor over the phone.

Extra work added after arrival can also push a job over the square-foot limits. Put that change in writing and check the limits again before the work continues. The extra work added on site article covers that problem from the call and field sides.

The firm needs certification before it offers the work

No firm may perform, offer, or claim to perform renovations without certification from EPA. “Offer” matters. Advertising or quoting covered work counts.

A firm includes a sole proprietor or individual doing business. A one-person shop is not outside the rule.

Renovations must be directed by a certified renovator.

The pamphlet has to reach the right people before work

For work in a home built before 1978, the firm must give the owner the EPA pamphlet, “Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools,” no more than 60 days before the renovation starts.

The firm must then get a written acknowledgment that the owner received it, or get a certificate of mailing at least 7 days before the work.

If the owner does not live at the property, such as with a rental, an adult occupant must also receive the pamphlet. The firm needs a written acknowledgment from that occupant or a certificate of mailing at least 7 days before work.

A different federal rule can affect contracts signed in the home. Keep that separate from the RRP paperwork by reviewing the 3-day cancellation rule for signed contracts.

The work area needs signs and the right equipment

The firm must post signs that clearly define the work area and warn occupants.

Open-flame burning and torching of painted surfaces are prohibited. Power sanders, grinders, and similar machines can be used on painted surfaces only with shrouds or containment and a HEPA vacuum attachment. Heat guns must stay below 1,100 degrees Fahrenheit.

A proper test can take a component out of the rule

The rule does not apply if a certified inspector or risk assessor makes a written determination that the affected components are free of lead-based paint.

It also does not apply if a certified renovator tests each affected component with an EPA-recognized test kit, or sends paint chip samples to an EPA-recognized laboratory, and the results show no lead-based paint.

That is not a guess. It is not a hardware store test performed by an untrained person. The test must be done by the right certified person or through the recognized testing process.

Emergency renovations are exempt from some requirements, including information distribution, warning signs, containment, waste handling, training, and certification. Cleaning and recordkeeping requirements still apply.

Keep the compliance file for three years

Firms must keep records showing compliance for 3 years after the renovation is finished. Those records must be made available to EPA if asked.

Keep the pamphlet acknowledgment or mailing record with the job file. Keep the testing documentation when testing takes the work out of the rule.

Violations can bring federal enforcement and civil penalties. Talk to an attorney or the agency for specific guidance.

Your state may run its own version

A state or tribe can apply to EPA for authorization to run the program instead of the federal program.

Check whether your state runs its own version before setting your process. The details and the agency you deal with can differ.

Put the year-built question into every booking script

Rae is Nail the Call’s receptionist. She answers every call, day or night. She works out the job on the first call, including the scope, address, timeline, and budget. She books the visit on the contractor’s calendar and texts the contractor a summary with the caller’s name, number, address, job, and description.

During setup, you tell Rae about the shop, including the trades, service area, hours, price ranges, and what counts as an emergency. You can change her answers any time.

The Pro plan includes custom call scripts. Set Rae to ask roughly what year the house was built and whether children under 6 live there on every booking call. That answer lands in the text summary before the visit.

Rae will not guess at technical questions. If a caller asks one, she writes it down for the contractor instead of making it up. See how it works and pricing. The plans are flat monthly pricing: Starter is $95, Growth is $295, and Pro is $495. There are no per-call limits, per-minute charges, or overage fees.

Make these five checks part of the booking process

Before booking a visit, ask:

1. What year was the property built?
2. Is it a home, rental, or child-occupied facility?
3. Does a child under 6 live there or visit regularly?
4. Will the work disturb painted surfaces?
5. Is the job window replacement, demolition, or work that may exceed the small repair limits?

Then match the job to the firm certification, certified renovator, paperwork, equipment, signs, testing records, and three-year file requirement.

Sources: 40 CFR 745.81, 745.82, 745.83, 745.84, 745.85, 745.86, 745.103, and 745.324.

This is general information, not legal advice.