Frequent Questions About Firm Certification Under the RRP Rule

Who Needs Firm Certification?

My firm acts as a general contractor - we subcontract the entire renovation job to other companies rather than using our own employees. Does my firm need to be a certified firm under the RRP Rule?

Yes. Firms may not perform, offer, or claim to perform renovations covered by the RRP Rule without certification from EPA. A general contractor that subcontracts the entire renovation job to other firms must be certified as a firm for two reasons. First, the contractual agreement between the general contractor and the subcontractor is based on the general contractor’s offer to renovate the property of a third party for compensation. The RRP Rule requires a contractor that makes such an offer to be certified as a firm. Second, once the offer is accepted, the general contractor is obligated to perform a renovation in accordance with the terms of the contract, whether written or oral. Even if the general contractor chooses to fulfill its obligation to perform the renovation by hiring subcontractors, the general contractor is performing a renovation for purposes of the RRP Rule and must comply with all the requirements of the rule that apply to firms performing renovations.

Question Number: 23002-19747

If I rent out apartments built before 1978, in order to comply with the RRP Rule, do I need to get firm and renovator certification if I do my own work on it? What if I hire a renovation firm to do the work?

With respect to landlords, EPA believes that there are two circumstances where work being done in pre-1978 apartment is for compensation such that the landlord must be a Lead-Safe Certified Firm and use (or be) a certified renovator. First, if the landlord does the renovation him or herself, then the landlord must have firm and renovator certification. Second if an employee of the landlord does the renovation work, then the landlord must have firm certification and the employee must be a certified renovator.

However, if the landlord hires a renovation firm to perform the renovation, the landlord does not need firm or renovator certification, but the firm hired by the landlord must be a Lead-Safe Certified Firm and must perform the renovation using a certified renovator that directs and provides on-the-job training to any workers that are not certified renovators.

Question Number: 23002-18512

The Department of Energy provides weatherization grants to states, which in turn provide grants to non-profit sub-grantees. These sub-grantees fall into one of three categories: 1. The sub-grantee uses its own employees to perform all the weatherization services in the home, 2. The sub-grantee uses a combination of its own employees and contractors to perform weatherization services, or 3. The sub-grantee has no employees that perform weatherization services; instead, every service is performed by a hired contractor. Must these sub-grantees be RRP-certified firms?

No firm may perform, offer or claim to perform renovations covered by the RRP Rule without certification from EPA. Sub-grantees that use their own employees to perform any or all of the weatherization services in the home, such as the sub-grantees in the first two categories, must be RRP-certified firms.

As to the sub-grantee in the third category, the need for certification depends on whether the sub-grantee offers, through the grant proposal, to renovate the property of a specific homeowner or other third-party. In this case, the sub-grantee is an offeror and grant money is “compensation” for RRP purposes. Once the offer is accepted (i.e., the grant is issued) a contract is formed under which the sub-grantee is obligated to perform the renovation. Even if the sub-grantee chooses to fulfill its obligation to perform the renovation by contracting out the work, the sub-grantee is “offering to perform a renovation” for purposes of the RRP Rule. Accordingly, the sub-grantee must be a certified firm and comply with all other applicable RRP requirements.

Conversely, if the sub-grantee does not “perform, offer or claim to perform” a renovation - through a grant proposal or otherwise - the sub-grantee need not be certified. For example, a grant proposal would not constitute an “offer” if the issuance of the grant would not obligate the sub-grantee to renovate the property of a specific third-party. If the grant proposal is not a legally binding offer, the sub-grantee becomes a mere purchaser of renovation services when it uses the grant money to hire a renovation firm. In such a case, only the renovation firm – the offeror - must be certified

Question Number: 23002-15340

I own a sole proprietorship, and I plan to get trained and certified as a certified renovator under the RRP Rule. Will that be sufficient since I have no employees?

No. All firms performing renovations covered by the RRP Rule must be certified. "Firm" means a company, partnership, corporation, sole proprietorship or individual doing business, association or other business entity; a federal, state, Tribal or local government agency; or a nonprofit organization.

Question Number: 23002-18123

Are state and local government employees who often do renovation work required to be certified?

If the state or local government uses its own employees to do the work, the state or local government must be a certified firm and at least one of the employees assigned to each job must be a certified renovator. If the state or local government hires a renovation firm to perform the renovation, the state or local government does not need firm or renovator certification, but the firm the state or local government hires must be certified and must perform the renovation using a certified renovator that directs and provides on-the-job training to any workers that are not certified renovators.

Question Number: 23002-14050

If a general contractor hires a subcontractor to work at a renovation site, does the subcontractor need to be a certified firm if the subcontractor does not disturb any paint?

Firms performing tasks that disturb no painted surfaces whatsoever do not need to be certified. However, since conditions at the job site may be difficult to predict, EPA strongly recommends that all firms involved in the renovation be certified and use properly trained and certified personnel. For example, a firm hired to install an HVAC system after demolition of painted surfaces has taken place may find that to complete the job painted surfaces need to be disturbed. The HVAC firm may not engage in activities that disturb painted surfaces if it is not certified.

As every renovation job is different, it is up to the firm acting as the general contractor to determine what activities are within the scope of the renovation and to ensure that other firms are properly trained and certified for the tasks they will be performing. All firms, including the firm acting as the general contractor, are responsible for making sure the renovation is performed in accordance with the work practice standards, including keeping containment intact and making sure lead dust and debris do not leave the work site. General contractors should keep in mind that if a firm hires a subcontractor that fails to follow the work practice standards or otherwise violates the RRP Rule, the firm that hired the subcontractor is also responsible for the violation.

Question Number: 23002-18288

Must maintenance workers at kindergartens and elementary schools become certified renovators if they perform renovations covered by the RRP Rule? Are the schools or school systems then required to become certified renovation firms?

All renovations covered by the RRP Rule must be directed by certified renovators and must be performed by certified renovators or individuals trained by a certified renovator. The RRP Rule requires any firm, including a local government agency that performs, offers or claims to perform renovations to be certified by EPA.

Question Number: 23002-19659

My non-profit organization receives grants to arrange for renovations in older housing, such as weatherization projects or general modernization. Typically, these grants come with eligibility conditions for properties and/or property owners and tenants, but specific properties or projects are not identified. My organization is responsible for locating eligible properties and recipients and hiring firms to perform the eligible renovations. Must my non-profit organization become an RRP-certified firm?

No, as long as your organization does not perform covered renovations using its own employees or offers to renovate the properties of specifically-identified third parties in exchange for a grant, your organization does not need to become an RRP-certified firm. You should make sure that any firms you hire are certified renovation firms.

Question Number: 23002-19776

My non-profit organization applies for and receives grants to renovate older homes. We do not perform the renovations ourselves, we hire renovation contractors to perform them on our behalf. We identify the properties to be renovated and the specific projects in the grant application. If we are successful in obtaining the grant, the funding would obligate us to arrange for the renovation of the specific properties named in the grant application. Must my non-profit organization become an RRP-certified firm?

Yes, even though your organization's employees do not actually perform the renovation activities, your organization must be an RRP-certified renovation firm because your organization, through the grant process, is offering to perform renovations for compensation, i.e., the grant.

Question Number: 23002-19775

I am a facilities manager for a church with childcare and preschool programs. I recently became a certified renovator. If my staff and I do our own painting and remodeling work, do we need to be a certified firm?

Yes, if you perform, offer, or claim to perform renovations in a portion of the building that is a child-occupied facility. The RRP Rule defines a child-occupied facility as a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under six years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least three hours and the combined weekly visits last at least six hours, and the combined annual visits last at least 60 hours.

With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age six, such as restrooms and cafeterias. Common areas that children under age six only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age six.

Areas of a building that fall outside this definition are not "child-occupied facilities" for purposes of the RRP Rule.

Question Number: 23002-17979

My firm performs renovations covered by the RRP Rule, but solely in the capacity of a subcontractor. If the general contractor is a certified firm, does my firm also have to be certified, or can we just provide the certified renovator?

All firms performing, offering or claiming to perform renovations covered by the RRP Rule must be certified. In this case, both the general contractor and subcontractor must become certified firms.

Question Number: 23002-31784

RRP vs. Abatement Certification

If my firm already has abatement certification, is separate RRP certification necessary?

RRP firm certification is not required to perform lead abatements. However, if your firm performs, offers or claims to perform renovations, as well as abatements, it must be a certified renovation firm.

Question Number: 23002-18528

What is the difference between abatement and RRP certification?

Abatement certification, also known as Lead-Based Paint Activities certification, is a specialized type of certification for firms who specifically work with lead-based paint such as lead abatement firms, lead risk assessor firms and lead inspection firms. Abatement intentionally addresses lead-based paint hazards.

RRP certification is appropriate for firms who disturb paint in pre-1978 residences and child-occupied facilities simply as a consequence of doing other work. It covers a broad range of firms including renovators, carpenters, painters, electricians, plumbers, handymen and more. These firms do NOT need abatement certification.

Question Number: 23002-33318

Applying for & Maintaining Firm Certification

What do you need to do to become a certified firm?

Firm certification is easy and straightforward. Firms can submit an application and fee to EPA online through EPA’s Central Data Exchange (CDX), EPA’s electronic reporting system. Certified firms will be able to advertise that they are certified by EPA under the RRP Program, and will also be given rights to use EPA’s “Lead-Safe Certified Firm” logo.

To fully comply with this regulation, some of your key employees may need to obtain individual certification (by taking a one-day certification course) in addition to your firm certification. Visit Apply For or Update Your Renovation Firm's Lead-Safe Certification Today! to learn how to become a certified renovator.

Question Number: 23002-21691

What changes in a renovation firm's status require an amendment of certification and how much will it cost?

In accordance with 40 CFR 745.89(c), any change to the information reported to EPA in a firm's most recent certification application must be reported in an amended certification application. There is no fee associated with the submission of an amended certification.

Question Number: 23002-21581

Is the fee for firm certification waived for self-employed individuals or landlords?

No. Congress requires EPA to impose a fee on certified contractors that is sufficient to recover the costs of administering and enforcing the RRP Rule. All applicants for firm certification must submit the required fee as part of their application. A firm's certification is effective for five years.

Question Number: 23002-19197

Can contractors submit their application to EPA before they complete required training, or must the application be submitted after the training is complete? Is proof of training required by the EPA in order for the contractor's application to be approved?

The firm certification process does not include the submission of renovator training credentials, so a firm can apply for certification before completing required training. As part of the application, the firm is required to certify it will comply with the requirements of the RRP Rule, including ensuring that all individuals performing renovations activities on behalf of the firm are either certified renovators or have been trained by a certified renovator.

Question Number: 23002-14558

If a firm does business in several states, must they become certified in all states in which they manage a target property or is this requirement satisfied by certifying the firm in the state in which they are headquartered?

The RRP Rule applies in states and Tribal areas that are not operating EPA-authorized programs. A firm with federal certification under the RRP Rule may perform, offer or claim to perform renovations in any of these states. In states and Tribal areas with EPA-authorized programs, check with the state or Tribal agency administering the program to learn about the certification requirements in that state or Tribal area. EPA encourages authorized state and Tribal programs to accept certifications issued under the federal program and under other state and Tribal programs, but this is not required.

Question Number: 23002-18285

If a company has several legal entities, does each entity have to become a certified firm?

Yes, if the corporate structure is such that the parent company is not liable for actions of the separate legal entities.

Question Number: 23002-18225

My company has two stores in different states. Must each store be a separate certified firm?

It depends on the company's structure. If each store is a separate legal entity, then each store must be a certified firm. If the parent company retains liability for the actions of each store, the parent company's firm certification covers both stores.

Question Number: 23002-19722

I am the owner of my renovation firm, but I am not a certified renovator. May I be the "attesting individual" named on the RRP firm certification application?

Yes. The attesting individual need not be a certified renovator.

Question Number: 23002-18047

Certified Renovators & Worker Supervision

My firm acts as a general contractor - we subcontract the entire renovation job to other companies rather than using our own employees. Under the RRP Rule, does my firm need to have a certified renovator at the job site?

Not necessarily. All firms performing renovations, including general contractors, must ensure that all individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator.

A firm acting as a general contractor may satisfy this requirement by hiring another certified firm that also takes responsibility for ensuring that all individuals performing the renovation activities are either certified renovators or have been trained by a certified renovator.

With respect to assigning a certified renovator who is responsible for any on-the-job training and regularly directing other workers, a firm acting as a general contractor may satisfy this requirement by hiring another certified firm that in turn assigns a certified renovator to the job. However, this does not discharge the general contractor's liability to ensure compliance with the RRP Rule.

Question Number: 23002-14295

Under the RRP Rule, can a certified renovator supervise workers of a different company, or must each firm involved in a project furnish a certified renovator?

All firms performing renovations must ensure that all individuals performing renovation activities on behalf of the firm are either certified renovators or have been trained by a certified renovator. The RRP Rule does not prohibit firms from reaching agreement on which will supply the certified renovator who is responsible for ensuring compliance with the RRP Rule and who directs and trains non-certified workers. All firms remain liable for ensuring compliance with the RRP Rule.

Question Number: 23002-20758

If the demolition, cleanup, and cleaning verification portion of a renovation project is performed under the direction of a certified renovator using trained workers, can uncertified workers complete the job if further disturbances of painted surfaces will not occur? For example, a certified firm establishes containment and removes wall and ceiling board to the rough framing members. Cleaning and verification take place and containment is removed and properly disposed of. At that point, can non-certified firms perform electrical, plumbing, HVAC or drywall work?

Yes. Activities that do not disturb paint, such as applying paint to walls that have already been prepared, are not regulated by the RRP Rule if they are conducted after post-renovation cleaning verification has been performed.

Question Number: 23002-18573

Special Situations & Compliance

If a property owner and a property management company have entered into a consent agreement related to Section 1018 (lead hazard disclosure) that does not admit an actual violation, is the property management company required to acknowledge a lead-based paint violation when completing the application for firm certification?

No.

Question Number: 23002-18350

Does the RRP Rule require a certified state lead inspector or risk assessor, who does not do renovation work, to become a certified renovation firm in order to take dust wipe samples?

No. A certified inspector or risk assessor may make determinations regarding the presence of lead-based paint at a renovation site without becoming certified as a renovation firm.

Question Number: 23002-15697