Q. I am a renovator and I want to comply with EPA / KDHE Lead Renovation, Repair and Painting Rule. What do I need to do?
The Lead Renovation, Repair and Painting (RRP) rule sets up new requirements for firms and individuals performing renovations in pre-1978 housing and child-occupied facilities, such as schools and daycares.
• Firms must be licensed by KDHE. To become licensed, renovation contractors must submit an application and fee payment to KDHE, the following link will provide you with the necessary forms http://www.kshealthyhomes.org/forms.html
Once certified, the firm will be able to advertise that they are licensed by KDHE under the RRP program, and once we have an approved design you will also be given rights to use KDHE’s Licensed Renovator Firm logo.
• Renovations covered by the rule must be performed or directed by a Certified Renovator. Individuals can become a certified renovator quite easily. It requires successful completion of a one-day training course in lead-safe work practices. The training courses are offered by KDHE-accredited private training providers; there is no additional fee to KDHE. You can find a training provider in your area by using KDHE’s search tool at: http://www.kshealthyhomes.org/lead_training.htm
Presently Kansas has 5 training firms that have been accredited to provide the specialized, one-day lead-safe work practices training. Classes teach the specific work practices that contractors need to protect themselves and their clients from lead contamination, and to allow them and their firm to work legally.
Q. I am planning to renovate my home. How can I find a licensed firm?
KDHE will soon have a searchable database to help you locate licensed renovation firms near you at: www.kshealthyhomes.org. In addition, you can email: lead@kdheks.gov or call KDHE’s Lead Hazard Prevention Program at 1-866-865-3233 if you have questions.
Q. I have hired a firm to renovate my home, but now I am concerned about whether the firm is a licensed renovation firm. How can I find out?
We expect to have a searchable database to help you locate licensed renovation firms near you in the near future. Until that database is set up you should email: lead@kdheks.gov or call KDHE Healthy Homes at 1-866-865-3233 and speak to a staff member who can help you find out whether the firm is licensed.
Q. I took a class to be a Certified Renovator and my firm applied for our license, but my firm does not have its license yet. What do we do?
In these circumstances, KDHE does not intend to take enforcement actions against firms who applied and have not received their license. The licensure requirement is important to making sure that firms are protecting children and other residents while renovations are ongoing, but KDHE does not wish to disrupt ongoing renovations for those firms that have submitted applications. We expect that all of the applications filed will be reviewed within 14 days, thus, it will only be a short window of time when firms that applied are waiting to hear back from KDHE.
Q. How long will it take KDHE to process my application to be a licensed renovation firm?
KDHE has yet to take more than 30 days to process your application. In most instances, properly-completed firm applications are processed within 14 days.
Q. What happens if my firm is in the middle of a renovation job? My firm is not certified and none of my employees have taken the lead-safe certified renovator training. What should I do?
You should submit your application for renovation firm license immediately. You should also arrange for lead-safe certified renovator training for at least one of your employees as soon as possible, and you should require at least one of your employees to review KDHE’s RRP Handbook at: Renovation, Repair and Painting Rule Handbook.
In addition, you must follow the lead-safe work practices required by the rule. Information on these work practices can be found at Renovation, Repair and Painting Rule Handbook. or obtained from KDHE Healthy Homes and Lead Hazard Prevention Program at 1-866-865-3233. For the immediate future, KDHE’s general approach for work initiated will be, upon learning that a firm or individual conducting a renovation is not certified or trained, to issue a notice without monetary penalties to that firm or individual. This notice will state that the firm or individual needs to come into compliance as quickly as possible. To correct the noncompliance, the individual or firm will need to provide a copy of an accredited course completion certificate or firm license to KDHE within a reasonable time.
Q. I am a renovation firm and I have contracted for a renovation in a pre-1978 home. None of my people have taken the lead-safe certified renovator training yet. I found out the Certified Renovator classes near me are all full. What should I do?
You should hold off on starting work in any pre-1978 home or child-occupied facility until you have taken the certified renovator training course from a KDHE-accredited training provider. In addition, you should make sure that your firm is licensed with KDHE. You can find out more information at www.kshealthyhomes.org. You can find an accredited training provider who is based near you by using KDHE’s search tool at http://www.kshealthyhomes.org/lead_training.htm. All presently KDHE accredited training providers have indicated to KDHE that they are willing to travel to offer training classes. You can find a list of training providers, including those who are willing to travel, by using the same search tool.
Q. I operate a renovation firm and I have heard that Kansas has adopted its own lead Renovation, Repair and Painting program. Do I have to also be certified by EPA?
As of April 21, 2010, Kansas was authorized to run our own RRP program. You are only required to meet the regulation requirements and apply/pay fees for Kansas. Kansa Regulations incorporate the EPA standards and are more protective for Kansas Families. The fees are also less by applying directly to Kansas rather than applying to both or EPA alone. If you have already applied to EPA as a firm or worker please contact our program about your next steps to become compliant with the State of Kansas. No additional fees may be necessary but you are not licensed to work in Kansas by being EPA certified alone. If your firm performs work outside of Kansas, your firm also needs to be certified by EPA or one of the other 6 states authorized to run their own program.
Q: Are public schools subject to the RRP rule?
Yes, RRP applies to all schools public, private and alternative.
Q: If I have three apartment buildings - each its own LLC - and I work on each of them as owner, do I need three firm certs?
Only one firm certification and only one project overseer needs to have the eight hours of training for the apartment maintenance unit regardless of the number apartments handled.
Q: While the rule specifically mentions "surface coatings" such as paint, varnish or shellac, it does not mention stain. Are stained surfaces subject to the RRP Rule?
Yes, comes under coatings.
Q: Do workers need to be trained in a task - say wet sanding - at every job, or once trained are they considered trained for all successive jobs?
On-the-job training is required at every job except when you can document that a worker has been previously trained.
Q: If I am a handyman working alone do I need a Firm certification?
Yes, to work on pre-78 structures, you will need both the individual and the firm certifications.
Q: I live in one unit of a duplex I own and rent the other. Do I need RRP certification?
Yes, if you do maintenance or repair work on the rental unit. You will need both the firm and individual certifications. By the way, rent is considered compensation under the rule.
Q: I have heard that Kansas RRP regulations differ from those of the EPA, how so?
Kansas does not allow the following:
- The use of heat guns to remove surface coatings.
- The use of test kits to determine the presence of lead in surface coatings.
- The use of dust sampling by unlicensed personnel to determine the presence of lead. Only KDHE licensed and certified lead based paint inspectors or lead hazard risk assessors may perform lead testing.
- The homeowner opt-out provision ( The EPA will be removing this provision from their regulations within 90 days )
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