Are You Removing Lead Paint?
State lead regulations dictate the way lead-based paint can be removed from homes in Rhode Island. The most important requirements are summarized below. Please refer to the cited regulations for full requirements under the law and call the appropriate agency with questions.
|
Interior Removal of Lead-Based Paint
is regulated by the Rhode Island Department of Health (401) 222-1417.
This section applies to lead hazard control in the following “regulated facilities:” all rental units, private homes of children under age six; and childcare facilities.
Check the Rules and Regulations for Lead Poisoning Prevention [R23-24.6 PB]
The following activities are exempt:
1) “Spot removal” of paint from areas less than 15ft² per dwelling unit or 3ft² in any common area;
2) Removal and Replacement of doors; and
3) Temporary lead hazard control measures.
Owners or managers of regulated facilities may not remove interior lead-based paint themselves without proper training and licensure (except under the above listed exemptions)
Contractors and individuals who disturb interior lead-based paint must be trained in lead safe work practices and licensed by the Department of Health as either a Lead Hazard Reduction Contractor or Lead Safe Remodeler / Renovator:
When a Licensed Lead Hazard Reduction Contractor is Required
- The property is in receipt of a Notice of Violation.
- The property is a licensed childcare facility.
- The funding agency and/or property owner specifically requires this level of lead hazard reduction.
- The owner has been cited by the Department of Health during the most recent 7 year period for significant childhood lead poisoning involving three or more children under six years of age at units in which the owner has, or had, a financial interest.
When a Lead Safe Remodeler / Renovator is Required:
- All other regulated properties that are not required to utilize a Lead Hazard Contractor must use a Lead Safe Remodeler / Renovator for Lead Hazard Control Activities.
When owners are allowed to disturb Lead Based Paint Themselves:
- In the instance of a property that is under a Notice of Violation from the Department of Health, the Regulations provide for a Financial Hardship Exemption which if approved would allow for the Property owners to correct lead hazard themselves after receiving training as a Lead Safe Remodeler / Renovator.
- If the property is not under a Notice of Violation from the Department of Health, the owner must be trained and licensed as a Lead Safe Remodeler/Renovator.
In both instances the owner must conduct the work following lead safe work practices as described
1) All lead hazard reduction and control activities must be performed in accordance with the Rhode Island Rules and Regulations for Lead Poisoning Prevention.
2) The owner/manager of the dwelling shall make all reasonable efforts to ensure that occupants are not present during lead hazard reduction activities.
3) Prior to starting any work, all furniture and other movable objects must be removed from the work area or completely covered with 6-mil plastic sheeting and the area must be wet cleaned of all dust and;
4) The floor and all openings between them must then be covered and sealed with 6-milplastic sheeting.
5) A clearance inspection must be conducted by a certified lead /inspector technician to determine that lead hazards have been corrected and acceptable lead dust levels have been achieved.
Removal Methods
- The following lead paint removal methods are permitted: wet hand scraping with or without a heat gun, followed with light feather sanding; dry hand scraping with or without a heat gun; or use of a non-flammable chemical stripper that does not contain methylene chloride
- The use of flammable or methylene chloride paint strippers and open flame or torch burning is prohibited.
- Abrasive blasting or power sanding is prohibited, except when performed by a Rhode Island licensed lead professional in accordance with the Regulations.
Post-Abatement Clean up and Clearance:
- After completing the work, the entire work area must repeatedly cleaned by wet vacuuming or vacuuming with a special HEPA (High Efficiency Particulate Air) vacuum followed by wet cleaning of all surfaces. An all-purpose cleaner is recommended for wet cleaning. Dry sweeping and dry vacuuming are prohibited.
Maintaining A Property Free of Lead Hazards:
- Owners must maintain their property free of lead hazards for their tenants. This includes maintenance of painted surfaces that may contain lead. This should include at a minimum an annual inspection to evaluate the condition of painted surfaces and stabilization of damage identified. Lead safe work practices should always be followed when working with lead-based paint. Owners should promptly respond to tenant complaints of peeling or damaged paint and correct the condition immediately.
Financial Assistance Available:
- A variety of financial assistance programs are available to assist landlords with the cost of correcting lead hazards.
- In certain circumstances, an owner may qualify for state tax credit. For a financial assistance application please call (401) 450-1350.
- For further information on the tax credit please call (401) 222-1417.
Exterior Removal of Lead-Based Paint
is regulated by the RI Department of Environmental Management (401) 222-1360
Click here for information about the DEM Exterior Lead Paint Removal Certification Program
Click here for information on exterior lead paint removal or call the DEM Office of Technical & Customer Assistance at 222-6822
- Air Pollution Control Regulation No. 24
applies to all persons engaged in the removal of lead based paint from exterior surfaces. These regulations do not restrict who may remove lead based paint from exterior surfaces, but do control how the work is done.
- The person conducting the paint removal operation must notify any adults that live within 50 ft. of the worksite. The notification must include the dates when the removal will occur and by what method the lead-based paint will be removed.
- All toys, play equipment and furnishings located less than 50ft from the worksite must be removed or covered with an impenetrable material such as plastic sheeting.
- An impenetrable material must be secured on the ground at the work site to prevent any paint chips, dust or other debris, generated by the removal operation, from being deposited on the ground.
- If power sanding or sand blasting equipment will be used, it must be attached to a HEPA (High Efficiency Particulate Air) vacuum system that collects all dust and debris generated by the operation. The sanding disk must not be wider than the surface that is being sanded.
- The use of flammable or methylene chloride- containing paint strippers, open flame burning, and heat guns operated at temperatures above 1000ºF are all prohibited.
- Exterior surfaces must be misted with water prior to manual scraping. Dry scraping is not allowed.
- At the end of each workday all visible debris must be collected. Spray all ground cover and other sheets used for containment with a fine mist of water and collect the residue.
- At the conclusion of the paint removal project, place all paint chips, debris and plastic sheets used for containment in single 6-mil or double 4-mil plastic bags (or other appropriate containers).
- Securely seal and store all bags and containers and dispose of properly (homeowners may dispose of waste from paint removal work as part of their regular trash pick-up).
Worker Protection
is regulated by OSHA (401) 528-4669.
- These regulations [29 CFR 1926.62] apply to all employers involved with removal of lead-based paint.
- OSHA has comprehensive regulations that call for blood-lead monitoring of employees, the use of respirators and air monitoring. The requirements for a particular case depend on the removal method used and the lead concentrations in the air.
- For more detailed information call OSHA (401) 528-4669 OR RICOSH (401) 751-2015.
- For Technical assistance call the Department of Health OSHA Consultation Program (401) 222-2438.
[Revised October 2002]
|