B. Federal Lead-Based Paint Enforcement Bench Book - National ...

the test results and other information within 30 days of completing the renovation. 323 Also, the
Disclosure Rule requires disclosure of results to future tenants and buyers. 324 )
“Components” are “specific design or structural elements or fixtures” of the interior or
exterior of a building, such as ceilings, molding, walls, doors, door trim, floors, radiators,
stairs, newel posts, windows and trim, shelves, built in cabinets, counter tops, painted
roofing, chimneys, flashing, gutters, downspouts, soffits, bulkheads, fences, railings,
siding, stairs, columns, and air conditioners. 325
A “recognized test kit” is a “commercially available kit recognized by EPA” as capable of
allowing a user to determine the presence of lead at regulatory levels in a paint chip, paint
powder, or painted surface. 326
o Emergency Renovations
Emergency renovations are unplanned activities that “result from a sudden, unexpected event” (such
as equipment failure) that “if not immediately attended to, presents a safety or public health hazard”
or threatens “significant damage” to equipment and/or property. 327
All emergency renovation are exempt from the pre-renovation education requirements. 328
Interim controls that are performed in response to an elevated blood-lead level in a resident child are
emergency renovations – but are exempt only from pre-renovation education requirements. 329
Other emergency renovations are:
� Exempt, “to the extent necessary to respond to the emergency,” from warning sign, containment,
waste handling, training, and certification requirements; and
� Not exempt from the cleaning, cleaning verification, and recordkeeping requirements. 330
321 40 C.F.R. § 745.82(a)(2). 73 Fed. Reg. 21692, 21711, supra note 160.
322 The RRP Rule directs information to “the person who contracted for the renovation.” 40 C.F.R. § 745.86.
323 40 C.F.R. § 745.86(c). See section III.F.4-6, below.
324 24 C.F.R. § 35.88(a)(4); 40 C.F.R. § 745.107(a)(4). See also section III.F.4-6 below.
325 40 C.F.R. § 745.83. See also 40 C.F.R. § 745.223 (components defined).
326 40 C.F.R. § 745.83 (levels “equal to or in excess of 1.0 mg/cm 2 , or more than 0.5% by weight”). This measure may be a
typographical error and probably should be “equal to or in excess of 1.0 mg/cm 2 or 0.5% by weight,” which is the measure
for the RRP Rule’s so-called lead-free exemption (§ 745.82(a)) and test kit response criterion (§ 745.88(c)). Minor technical
discrepancies in the various definitions of “lead-based paint” are discussed in Part I.B.4 of this book, Introduction – Federal
Lead-Based Paint Enforcement Bench Book – Terms in this Bench Book.
327 40 C.F.R. § 745.82(b).
328 Id. See also 40 C.F.R. § 745.84 (PRE).
329 40 C.F.R. § 745.82(b). See also 73 Fed. Reg. 21692, 21715, supra note 160. Interim controls not performed for an EBLL
child do not fall within the emergency exemption.
330 40 C.F.R. § 745.82(b). Firms must comply with additional recordkeeping requirements pertaining to emergency
renovations. See 40 C.F.R. § 745.86(b)(7).
NATIONAL CENTER FOR HEALTHY HOUSING www.nchh.org 45