My firm started a renovation job before July 6, 2010 and the homeowner “opted-out”. Since the opt-out provision was removed, what happens on July 6, 2010 (if the renovation activities are still ongoing but the opt-out is no longer available)? Do I have to start following the rule requirements or can I still rely on the opt-out statement from the owner?
EPA notes that "renovation" under the rule is defined, in general, as the modification of any existing structure, or portion thereof, that results in the disturbance of painted surfaces. Thus, if all the paint disturbing activities on a job have been completed before July 6, 2010, even though the job itself isn't finished, the requirements of the rule would not be triggered.
Generally, on or after July 6, 2010, activities that disturb painted surfaces must be performed in accordance with the work practice standards and training requirements of the Renovation, Repair, and Painting Rule. EPA believes that it is important that you minimize exposure of your clients and their family to lead-paint dust.
However, EPA recognizes that in some cases it may be infeasible for a renovator with an opt-out to stage a project in a manner that ensures completion of paint disturbing activities prior to July 6, 2010. In such circumstances of infeasibility, EPA believes that renovators should be able to conclude paint disturbing activities with the benefit of the opt-out even if the work continues briefly after July 6. However, any such work that is not in full compliance with the rule requirements must be completed as expeditiously as possible after July 6.