R307. Environmental Quality, Air Quality.

R307-841. Residential Property and Child-Occupied Facility 

Renovation.

R307-841-1. Purpose.

 This rule contains regulations developed under Sections 402 and 

406 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2686) 

and applies to all renovations performed for compensation in target 

housing and child-occupied facilities. The purpose of this rule is 

to ensure the following: 

 (1) Owners and occupants of target housing and child-occupied 

facilities receive information on lead-based paint hazards before 

these renovations begin; and 

 (2) Individuals performing renovations regulated in accordance 

with R307-841-3 are properly trained; renovators and firms performing 

these renovations are certified; and the work practices in R307-841-5 

are followed during these renovations. 

R307-841-2. Effective Dates.

 (1) Training, certification and accreditation requirements, 

and work practice standards. The training, certification and 

accreditation requirements and work practice standards in this rule 

are applicable as follows: 

 (a) Training programs. Effective April 8, 2010, no training 

program may provide, offer, or claim to provide training or refresher 

training for executive secretary certification as a renovator or a 

dust sampling technician without accreditation from the executive 

secretary under R307-842-1. Training programs may apply for 

accreditation under R307-842-1; 

 (b) Firms. 

 (i) Firms may apply for certification under R307-841-7 beginning 

April 8, 2010. 

 (ii) On or after April 8, 2010, no firm may perform, offer, 

or claim to perform renovations without certification from the 

executive secretary under R307-841-7 in target housing or 

child-occupied facilities, unless the renovation qualifies as one 

of the exceptions identified in R307-841-3(1). 

 (c) Individuals. On or after April 8, 2010, all renovations 

must be directed by renovators certified in accordance with 

R307-841-8(1) and performed by certified renovators or individuals 

trained in accordance with R307-841-8(2)(b) in target housing or 

child-occupied facilities, unless the renovation qualifies for one 

of the exceptions identified in R307-841-3(1). 

 (d) Work practices. 

 (i) On or after April 8, 2010 and before July 5, 2012, all 

renovations must be performed in accordance with the work practice 

standards in R307-841-5 and the associated recordkeeping requirements 

in R307-841-6(2)(a) and (2)(f) in target housing or child-occupied 

facilities, unless the renovation qualifies for the exceptions 

identified in R307-841-3(1). This does not apply to renovations in 

target housing for which the firm performing the renovation has 

obtained a statement signed by the owner that the renovation will 

occur in the owner's residence, no child under age six resides there, 

the housing is not a child-occupied facility, and the owner 
acknowledges that the work practices to be used during the renovation 

will not necessarily include all of the lead-safe work practices 

contained in EPA's renovation, repair, and painting rule. For the 

purposes of this section, a child resides in the primary residence 

of his or her custodial parents, legal guardians, and foster parents. 

 A child also resides in the primary residence of an informal caretaker 

if the child lives and sleeps most of the time at the caretaker's 

residence. 

 (ii) On or after July 5, 2012, all renovations must be performed 

in accordance with the work practice standards in R307-841-5 and the 

associated recordkeeping requirements in R307-841-6(2)(a) and (2)(f) 

in target housing or child-occupied facilities, unless the renovation 

qualifies for the exception identified in R307-841-3(1). 

 (2) Renovation-specific pamphlet. Renovators or firms 

performing renovations must provide owners and occupants with 

"Renovate Right: Important Lead Hazard Information for Families, Child 

Care Providers and Schools." 

R307-841-3. Applicability.

 (1) This rule applies to all renovations performed for 

compensation in target housing and child-occupied facilities, except 

for the following: 

 (a) Renovations in target housing or child-occupied facilities 

in which a written determination has been made by an inspector or 

risk assessor, certified pursuant to R307-842-2, that the components 

affected by the renovation are free of paint or other surface coatings 

that contain lead equal to or in excess of 1.0 milligrams/per square 

centimeter (mg/cm2) or 0.5% by weight, where the firm performing the 

renovation has obtained a copy of the determination; or 

 (b) Renovations in target housing or child-occupied facilities 

in which a certified renovator, using an EPA-recognized test kit as 

defined in R307-840-2 and following the kit manufacturer's 

instructions, has tested each component affected by the renovation 

and determined that the components are free of paint or other surface 

coatings that contain lead equal to or in excess of 1.0 mg/cm2 or 0.5% 

by weight. If the components make up an integrated whole, such as 

the individual stair treads and risers of a single staircase, the 

renovator is required to test only one of the individual components, 

unless the individual components appear to have been repainted or 

refinished separately. 

 (c) Renovations in target housing or child-occupied facilities 

in which a certified renovator has collected a paint chip sample from 

each painted component affected by the renovation and a laboratory 

recognized by EPA pursuant to section 405(b) of TSCA as being capable 

of performing analyses for lead compounds in paint chip samples has 

determined that the samples are free of paint or other surface coatings 

that contain lead equal to or in excess of 1.0 mg/cm

2 or 0.5% by weight. 

 If the components make up an integrated whole, such as the individual 

stair treads and risers of a single staircase, the renovator is 

required to test only one of the individual components, unless the 

individual components appear to have been repainted or refinished 

separately. 

 (2) The information distribution requirements in R307-841-4 
do not apply to emergency renovations, which are renovation activities 

that were not planned but result from a sudden, unexpected event (such 

as non-routine failures of equipment) that, if not immediately 

attended to, presents a safety or public health hazard, or threatens 

equipment and/or property with significant damage. Interim controls 

performed in response to an elevated blood lead level in a resident 

child are also emergency renovations. Emergency renovations other 

than interim controls are also exempt from the warning sign, 

containment, waste handling, training, and certification requirements 

in R307-841-5, R307-841-7, and R307-841-8 to the extent necessary 

to respond to the emergency. Emergency renovations are not exempt 

from the cleaning requirements of R307-841-5(1)(e) which must be 

performed by certified renovators or individuals trained in accordance 

with R307-841-8(2)(b), the cleaning verification requirements of 

R307-841-5(2), which must be performed by certified renovators, and 

the recordkeeping requirements of R307-841-6(2)(e) and (f). 

R307-841-4. Information Distribution Requirements.

 (1) Renovations in dwelling units. No more than 60 days before 

beginning renovation activities in any residential dwelling unit of 

target housing, the firm performing the renovation must: 

 (a) Provide the owner of the unit with the pamphlet, and comply 

with one of the following: 

 (i) Obtain, from the owner, a written acknowledgment that the 

owner has received the pamphlet; or 

 (ii) Obtain a certificate of mailing at least 7 days prior to 

the renovation; and 

 (b) If the owner does not occupy the dwelling unit, provide 

an adult occupant of the unit with the pamphlet, and comply with one 

of the following: 

 (i) Obtain, from the adult occupant, a written acknowledgment 

that the occupant has received the pamphlet, or certify in writing 

that a pamphlet has been delivered to the dwelling and that the firm 

performing the renovation has been unsuccessful in obtaining a written 

acknowledgment from an adult occupant. Such certification must 

include the address of the unit undergoing renovation, the date and 

method of delivery of the pamphlet, names of the persons delivering 

the pamphlet, reason for lack of acknowledgment (e.g., occupant 

refuses to sign, no adult occupant available), the signature of a 

representative of the firm performing the renovation, and the date 

of signature; or 

 (ii) Obtain a certificate of mailing at least 7 days prior to 

the renovation. 

 (2) Renovations in common areas. No more than 60 days before 

beginning renovation activities in common areas of multi-unit target 

housing, the firm performing the renovation must: 

 (a) Provide the owner with the pamphlet, and comply with one 

of the following: 

 (i) Obtain, from the owner, a written acknowledgment that the 

owner has received the pamphlet; or 

 (ii) Obtain a certificate of mailing at least 7 days prior to 

the renovation; 

 (b) Comply with one of the following: 
 (i) Notify in writing, or ensure written notification of, each 

affected unit and make the pamphlet available upon request prior to 

the start of renovation. Such notification shall be accomplished 

by distributing written notice to each affected unit. The notice 

shall describe the general nature and locations of the planned 

renovation activities, the expected starting and ending dates, and 

a statement of how the occupant can obtain the pamphlet and a copy 

of the records required by R307-841-6(3) and (4) at no cost to the 

occupants; or 

 (ii) While the renovation is ongoing, post informational signs 

describing the general nature and locations of the renovation and 

the anticipated completion date. These signs must be posted in areas 

where they are likely to be seen by the occupants of all of the affected 

units. The signs must be accompanied by a posted copy of the pamphlet 

or information on how interested occupants can review a copy of the 

pamphlet or obtain a copy from the renovation firm at no cost to 

occupants. The signs must also include information on how interested 

occupants can review a copy of the records required by R307-841-6(3) 

and (4) or obtain a copy from the renovation firm at no cost to the 

occupants; 

 (c) Prepare, sign, and date a statement describing the steps 

performed to notify all occupants of the intended renovation 

activities and to provide the pamphlet; and 

 (d) If the scope, locations, or expected starting and ending 

dates of the planned renovation activities change after the initial 

notification, and the firm provided written initial notification to 

each affected unit, the firm performing the renovation must provide 

further written notification to the owners and occupants providing 

revised information on the ongoing or planned activities. This 

subsequent notification must be provided before the firm performing 

the renovation initiates work beyond that which was described in the 

original notice. 

 (3) Renovations in child-occupied facilities. No more than 

60 days before beginning renovation activities in any child-occupied 

facility, the firm performing the renovation must: 

 (a)(i) Provide the owner of the building with the pamphlet, 

and comply with one of the following: 

 (A) Obtain, from the owner, a written acknowledgment that the 

owner has received the pamphlet; or 

 (B) Obtain a certificate of mailing at least 7 days prior to 

the renovation; 

 (ii) If the adult representative of the child-occupied facility 

is not the owner of the building, provide an adult representative 

of the child-occupied facility with the pamphlet, and comply with 

one of the following: 

 (A) Obtain, from the adult representative, a written 

acknowledgment that the adult representative has received the 

pamphlet, or certify in writing that a pamphlet has been delivered 

to the facility and that the firm performing the renovation has been 

unsuccessful in obtaining a written acknowledgment from an adult 

representative. Such certification must include the address of the 

child-occupied facility undergoing renovation, the date and method 

of delivery of the pamphlet, names of the persons delivering the 
pamphlet, reason for lack of acknowledgment (e.g., representative 

refuses to sign), the signature of a representative of the firm 

performing the renovation, and the date of signature; or 

 (B) Obtain a certificate of mailing at least 7 days prior to 

the renovation; 

 (b) Provide the parents and guardians of children using the 

child-occupied facility with the pamphlet and information describing 

the general nature and locations of the renovation and the anticipated 

completion date and information on how interested parents or guardians 

of children frequenting the child-occupied facility can review a copy 

of the records required by R307-841-6(3) and (4) or obtain a copy 

from the renovation firm at no cost to the parents or guardians by 

complying with one of the following: 

 (i) Mail or hand-deliver the pamphlet and the renovation 

information to each parent or guardian of a child using the 

child-occupied facility; or 

 (ii) While the renovation is ongoing, post informational signs 

describing the general nature and locations of the renovation and 

the anticipated completion date. These signs must be posted in areas 

where they can be seen by the parents or guardians of the children 

frequenting the child-occupied facility. The signs must be 

accompanied by a posted copy of the pamphlet or information on how 

interested parents or guardians of children frequenting the 

child-occupied facility can review a copy of the pamphlet or obtain 

a copy from the renovation firm at no cost to the parents or guardians. 

 The signs must also include information on how interested parents 

or guardians of children frequenting the child-occupied facility can 

review a copy of the records required by R307-841-6(3) and (4) or 

obtain a copy from the renovation firm at no cost to the parents or 

guardians. 

 (c) The renovation firm must prepare, sign, and date a statement 

describing the steps performed to notify all parents and guardians 

of the intended renovation activities and to provide the pamphlet. 

 (4) Written acknowledgment. The written acknowledgments 

required by paragraphs (1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a)(i)(A), 

and (3)(a)(ii)(A) of this section must: 

 (a) Include a statement recording the owner or occupant's name 

and acknowledging receipt of the pamphlet prior to the start of 

renovation, the address of the unit undergoing renovation, the 

signature of the owner or occupant as applicable, and the date of 

signature; 

 (b) Be either a separate sheet or part of any written contract 

or service agreement for the renovation; and 

 (c) Be written in the same language as the text of the contract 

or agreement for the renovation or, in the case of non-owner occupied 

target housing, in the same language as the lease or rental agreement 

or the pamphlet. 

R307-841-5. Work Practice Standards.

 (1) Standards for renovation activities. Renovations must be 

performed by firms certified under R307-841-7 using renovators 

certified under R307-841-8. The responsibilities of certified firms 

are set forth in R307-841-7(4) and the responsibilities of certified 
renovators are set forth in R307-841-8(2). 

 (a) Occupant protection. Firms must post signs clearly defining 

the work area and warning occupants and other persons not involved 

in renovation activities to remain outside of the work area. To the 

extent practicable, these signs must be in the primary language of 

the occupants. These signs must be posted before beginning the 

renovation, must remain in place, and must be readable until the 

renovation and the post-renovation cleaning verification have been 

completed. If warning signs have been posted in accordance with 24 

CFR 35.1345(b)(2) or 29 CFR 1926.62(m), additional signs are not 

required by this section. 

 (b) Containing the work area. Before beginning the renovation, 

the firm must isolate the work area so that no dust or debris leaves 

the work area while the renovation is being performed. In addition, 

the firm must maintain the integrity of the containment by ensuring 

that any plastic or other impermeable materials are not torn or 

displaced, and taking any other steps necessary to ensure that no 

dust or debris leaves the work area while the renovation is being 

performed. The firm must also ensure that containment is installed 

in such a manner that it does not interfere with occupant and worker 

egress in an emergency. 

 (i) Interior renovations. The firm must: 

 (A) Remove all objects from the work area, including furniture, 

rugs, and window coverings, or cover them with plastic sheeting or 

other impermeable material with all seams and edges taped or otherwise 

sealed; 

 (B) Close and cover all duct openings in the work area with 

taped-down plastic sheeting or other impermeable material; 

 (C) Close windows and doors in the work area. Doors must be 

covered with plastic sheeting or other impermeable material. Doors 

used as an entrance to the work area must be covered with plastic 

sheeting or other impermeable material in a manner that allows workers 

to pass through while confining dust and debris to the work area; 

 (D) Cover the floor surface, including installed carpet, with 

taped-down plastic sheeting or other impermeable material in the work 

area 6 feet beyond the perimeter of surfaces undergoing renovation 

or a sufficient distance to contain the dust, whichever is greater. 

Floor containment measures may stop at the edge of the vertical barrier 

when using a vertical containment system consisting of impermeable 

barriers that extend from the floor to the ceiling and are tightly 

sealed at joints with the floor, ceiling, and walls; and 

 (E) Use precautions to ensure that all personnel, tools, and 

other items, including the exterior of containers of waste, are free 

of dust and debris before leaving the work area. 

 (ii) Exterior renovations. The firm must: 

 (A) Close all doors and windows within 20 feet of the renovation. 

On multi-story buildings, close all doors and windows within 20 feet 

of the renovation on the same floor as the renovation, and close all 

doors and windows on all floors below that are the same horizontal 

distance from the renovation; 

 (B) Ensure that doors within the work area that will be used 

while the job is being performed are covered with plastic sheeting 

or other impermeable material in a manner that allows workers to pass 
through while confining dust and debris to the work area; 

 (C) Cover the ground with plastic sheeting or other disposable 

impermeable material extending 10 feet beyond the perimeter of 

surfaces undergoing renovation or a sufficient distance to collect 

falling paint debris, whichever is greater, unless the property line 

prevents 10 feet of such ground covering. Ground containment measures 

may stop at the edge of the vertical barrier when using a vertical 

containment system; and 

 (D) If the renovation will affect surfaces within 10 feet of 

the property line, the renovation firm must erect vertical containment 

or equivalent extra precautions in containing the work area to ensure 

that dust and debris from the renovation does not contaminate adjacent 

buildings or migrate to adjacent properties. Vertical containment 

or equivalent extra precautions in containing the work area may also 

be necessary in other situations in order to prevent contamination 

of other buildings, other areas of the property, or adjacent buildings 

or properties. 

 (c) Prohibited and restricted practices. The work practices 

listed below are prohibited or restricted during a renovation as 

follows: 

 (i) Open-flame burning or torching of painted surfaces is 

prohibited; 

 (ii) The use of machines designed to remove paint or other surface 

coatings through high speed operation such as sanding, grinding, power 

planning, needle gun, abrasive blasting, or sandblasting, is 

prohibited on painted surfaces unless such machines have shrouds or 

containment systems and are equipped with a HEPA vacuum attachment 

to collect dust and debris at the point of generation. Machines must 

be operated so that no visible dust or release of air occurs outside 

the shroud or containment system; and 

 (iii) Operating a heat gun on painted surfaces is permitted 

only at temperatures below 1,100 degrees Fahrenheit. 

 (d) Waste from renovations. 

 (i) Waste from renovation activities must be contained to prevent 

releases of dust and debris before the waste is removed from the work 

area for storage or disposal. If a chute is used to remove waste 

from the work area, it must be covered. 

 (ii) At the conclusion of each work day and at the conclusion 

of the renovation, waste that has been collected from renovation 

activities must be stored under containment, in an enclosure, or behind 

a barrier that prevents release of dust and debris out of the work 

area and prevents access to dust and debris. 

 (iii) When the firm transports waste from renovation activities, 

the firm must contain the waste to prevent release of dust and debris. 

 (e) Cleaning the work area. After the renovation has been 

completed, the firm must clean the work area until no dust, debris, 

or residue remains. 

 (i) Interior and exterior renovations. The firm must: 

 (A) Collect all paint chips and debris and, without dispersing 

any of it, seal this material in a heavy-duty bag; and 

 (B) Remove the protective sheeting. Mist the sheeting before 

folding it, fold the dirty side inward, and either tape shut to seal 

or seal in heavy-duty bags. Sheeting used to isolate contaminated 
rooms from non-contaminated rooms must remain in place until after 

the cleaning and removal of other sheeting. Dispose of the sheeting 

as waste. 

 (ii) Additional cleaning for interior renovations. The firm 

must clean all objects and surfaces in the work area and within 2 

feet of the work area in the following manner, cleaning from higher 

to lower: 

 (A) Walls. Clean walls starting at the ceiling and working 

down to the floor by either vacuuming with a HEPA vacuum or wiping 

with a damp cloth; 

 (B) Remaining surfaces. Thoroughly vacuum all remaining 

surfaces and objects in the work area, including furniture and 

fixtures, with a HEPA vacuum. The HEPA vacuum must be equipped with 

a beater bar when vacuuming carpets and rugs; and 

 (C) Wipe all remaining surfaces and objects in the work area, 

except for carpeted or upholstered surfaces, with a damp cloth. Mop 

uncarpeted floors thoroughly, using a mopping method that keeps the 

wash water separate from the rinse water, such as the 2-bucket mopping 

method, or using a wet mopping system. 

 (2) Standards for post-renovation cleaning verification. 

 (a) Interiors. 

 (i) A certified renovator must perform a visual inspection to 

determine whether dust, debris, or residue is still present. If dust, 

debris, or residue is present, these conditions must be removed by 

re-cleaning and another visual inspection must be performed. 

 (ii) After a successful visual inspection, a certified renovator 

must: 

 (A) Verify that each windowsill in the work area has been 

adequately cleaned, using the following procedure. 

 (I) Wipe the windowsill with a wet disposable cleaning cloth 

that is damp to the touch. If the cloth matches or is lighter than 

the cleaning verification card, the windowsill has been adequately 

cleaned. 

 (II) If the cloth does not match and is darker than the cleaning 

verification card, re-clean the windowsill as directed in paragraphs 

(1)(e)(ii)(B) and (1)(e)(ii)(C) of this section, then either use a 

new cloth or fold the used cloth in such a way that an unused surface 

is exposed, and wipe the surface again. If the cloth matches or is 

lighter than the cleaning verification card, that windowsill has been 

adequately cleaned. 

 (III) If the cloth does not match and is darker than the cleaning 

verification card, wait for 1 hour or until the surface has dried 

completely, whichever is longer. 

 (IV) After waiting for the windowsill to dry, wipe the windowsill 

with a dry disposable cleaning cloth. After this wipe, the windowsill 

has been adequately cleaned. 

 (B) Wipe uncarpeted floors and countertops within the work area 

with a wet disposable cleaning cloth. Floors must be wiped using 

application device with a long handle and a head to which the cloth 

is attached. The cloth must remain damp at all times while it is 

being used to wipe the surface for post-renovation cleaning 

verification. If the surface within the work area is greater than 

40 square feet, the surface within the work area must be divided into 
roughly equal sections that are each less than 40 square feet. Wipe 

each such section separately with a new wet disposable cleaning cloth. 

 If the cloth used to wipe each section of the surface within the 

work area matches the cleaning verification card, the surface has 

been adequately cleaned. 

 (I) If the cloth used to wipe a particular surface section does 

not match the cleaning verification card, re-clean that section of 

the surface as directed in paragraphs (1)(e)(ii)(B) and (1)(e)(ii)(C) 

of this section, then use a new wet disposable cleaning cloth to wipe 

that section again. If the cloth matches the cleaning verification 

card, that section of the surface has been adequately cleaned. 

 (II) If the cloth used to wipe a particular surface section 

does not match the cleaning verification card after the surface has 

been re-cleaned, wait for 1 hour or until the entire surface within 

the work area has dried completely, whichever is longer. 

 (III) After waiting for the entire surface within the work area 

to dry, wipe each section of the surface that has not yet achieved 

post-renovation cleaning verification with a dry disposable cleaning 

cloth. After this wipe, that section of the surface has been adequately 

cleaned. 

 (iii) When the work area passes the post-renovation cleaning 

verification, remove the warning signs. 

 (b) Exteriors. A certified renovator must perform a visual 

inspection to determine whether dust, debris, or residue is still 

present on surfaces in and below the work area, including windowsills 

and the ground. If dust, debris, or residue is present, these 

conditions must be eliminated and another visual inspection must be 

performed. When the area passes the visual inspection, remove the 

warning signs. 

 (3) Optional dust clearance testing. Cleaning verification 

need not be performed if the contract between the renovation firm 

and the person contracting for the renovation or another federal, 

state, territorial, tribal, or local law or regulation requires: 

 (a) The renovation firm to perform dust clearance sampling at 

the conclusion of a renovation covered by this rule. 

 (b) The dust clearance samples are required to be collected 

by a certified inspector, risk assessor, or dust sampling technician. 

 (c) The renovation firm is required to re-clean the work area 

until the dust clearance sample results are below the clearance 

standards in R307-842-3(5)(h) or any local standard. 

 (4) Activities conducted after post-renovation cleaning 

verification. Activities that do not disturb paint, such as applying 

paint to walls that have already been prepared, are not regulated 

by this rule if they are conducted after post-renovation cleaning 

verification has been performed. 

R307-841-6. Recordkeeping and Reporting Requirements.

 (1) Firms performing renovations must retain and, if requested, 

make available to the executive secretary all records necessary to 

demonstrate compliance with this rule for a period of 3 years following 

completion of the renovation. This 3-year retention requirement does 

not supersede longer obligations required by other provisions for 

retaining the same documentation. 
 (2) Records that must be retained pursuant to paragraph (1) 

of this section shall include (where applicable): 

 (a) Records or reports certifying that a determination had been 

made that lead-based paint is not present on the components affected 

by the renovation, as described in R307-841-3(1). These records or 

reports include: 

 (i) Reports prepared by a certified inspector or certified risk 

assessor certified pursuant to R307-842-2. 

 (ii) Records prepared by a certified renovator after using 

EPA-recognized test kits, including an identification of the 

manufacturer and model of any test kits used, a description of the 

components that were tested including their locations, and the result 

of each test kit used. 

 (iii) Records prepared by a certified renovator after collecting 

paint chip samples, including a description of the components that 

were tested including their locations, the name and address of the 

NLLAP-recognized entity performing the analysis, and the results for 

each sample. 

 (b) Signed and dated acknowledgments of receipt as described 

in R307-841-4(1)(a)(i), (1)(b)(i), (2)(a)(i), (3)(a)(i)(A), and 

(3)(a)(ii)(A). 

 (c) Certifications of attempted delivery as described in 

R307-841-4(1)(b)(i) and (3)(a)(ii)(A). 

 (d) Certificates of mailing as described in 

R307-841-4(1)(a)(ii), (1)(b)(ii), (2)(a)(ii), (3)(a)(i)(B), and 

(3)(a)(ii)(B). 

 (e) Records of notification activities performed regarding 

common area renovations, as described in R307-841-4(2)(c) and (2)(d), 

and renovations in child-occupied facilities, as described in 

R307-841-4(3)(b). 

 (f) Documentation of compliance with the requirements of 

R307-841-5, including documentation that a certified renovator was 

assigned to the project, that the certified renovator provided 

on-the-job training for workers used on the project, that the certified 

renovator performed or directed workers who performed all of the tasks 

described in R307-841-5(1), and that the certified renovator performed 

the post-renovation cleaning verification described in R307-841-5(2). 

 If the renovation firm was unable to comply with all of the 

requirements of this rule due to an emergency as defined in R307-841-3, 

the firm must document the nature of the emergency and the provisions 

of the rule that were not followed. This documentation must include 

a copy of the certified renovator's current Utah Lead-Based Paint 

Renovator certification card, and a certification by the certified 

renovator assigned to the project that: 

 (i) Training was provided to workers (topics must be identified 

for each worker). 

 (ii) Warning signs were posted at the entrances to the work 

area. 

 (iii) If test kits were used, that the specified brand of kits 

was used at the specified locations and that the results were as 

specified. 

 (iv) If paint chip samples were collected, that the samples 

were collected at the specified locations, that the specified 
NLLAP-recognized laboratory analyzed the samples, and that the results 

were as specified. 

 (v) The work area was contained by: 

 (A) Removing or covering all objects in the work area 

(interiors); 

 (B) Closing and covering all HVAC ducts in the work area 

(interiors); 

 (C) Closing all windows in the work area (interiors) or closing 

all windows in and within 20 feet of the work area (exteriors); 

 (D) Closing and sealing all doors in the work area (interiors) 

or closing and sealing all doors in and within 20 feet of the work 

area (exteriors); 

 (E) Covering doors in the work area that were being used to 

allow passage but prevent spread of dust; 

 (F) Covering the floor surface, including installed carpet, 

with taped-down plastic sheeting or other impermeable material in 

the work area 6 feet beyond the perimeter of surfaces undergoing 

renovation or a sufficient distance to contain the dust, whichever 

is greater (interiors) or covering the ground with plastic sheeting 

or other disposable impermeable material anchored to the building 

extending 10 feet beyond the perimeter of surfaces undergoing 

renovation or a sufficient distance to collect falling paint debris, 

whichever is greater, unless the property line prevents 10 feet of 

such ground covering, weighted down by heavy objects (exteriors); 

and 

 (G) Installing (if necessary) vertical containment to prevent 

migration of dust and debris to adjacent property (exteriors). 

 (vi) Waste was contained on-site and while being transported 

off-site. 

 (vii) The work area was properly cleaned after the renovation 

by: 

 (A) Picking up all chips and debris, misting protective sheeting, 

folding it dirty side inward, and taping it for removal; and 

 (B) Cleaning the work area surfaces and objects using a HEPA 

vacuum and/or wet cloths or mops (interiors). 

 (viii) The certified renovator performed the post-renovation 

cleaning verification (the results of which must be briefly described, 

including the number of wet and dry cloths used). 

 (3)(a) When the final invoice for the renovation is delivered 

or within 30 days of the completion of the renovation, whichever is 

earlier, the renovation firm must provide information pertaining to 

compliance with this rule to the following persons:

 (i) The owner of the building; and, if different,

 (ii) An adult occupant of the residential dwelling, if the 

renovation took place within a residential dwelling, or an adult 

representative of the child-occupied facility, if the renovation took 

place within a child-occupied facility. 

 (b) When performing renovations in common areas of multi-unit 

target housing, renovation firms must post the information required 

by this rule or instructions on how interested occupants can obtain 

a copy of this information. This information must be posted in areas 

where it is likely to be seen by the occupants of all of the affected 

units. 
 (c) The information required to be provided by paragraph (3) 

of this section may be provided by completing the sample form titled 

"Sample Renovation Recordkeeping Checklist" or a similar form 

containing the test kit information required by R307-841-6(2)(a)(ii) 

and the training and work practice compliance information required 

by R307-841-6(2)(f). 

 (4) If dust clearance sampling is performed in lieu of cleaning 

verification as permitted by R307-841-5(3), the renovation firm must 

provide, when the final invoice for the renovation is delivered or 

within 30 days of the completion of the renovation, whichever is 

earlier, a copy of the dust sampling report to: 

 (a) The owner of the building; and, if different,

 (b) An adult occupant of the residential dwelling, if the 

renovation took place within a residential dwelling, or an adult 

representative of the child-occupied facility, if the renovation took 

place within a child-occupied facility. 

 (c) When performing renovations in common areas of multi-unit 

target housing, renovation firms must post these dust sampling reports 

or information on how interested occupants of the housing being 

renovated can obtain a copy of the report. This information must be 

posted in areas where they are likely to be seen by the occupants 

of all of the affected units. 

R307-841-7. Firm Certification.

 (1) Initial certification. 

 (a) Firms that perform renovations for compensation must apply 

to the executive secretary for certification to perform renovations 

or dust sampling. To apply, a firm must submit to the executive 

secretary a completed "Lead-Based Paint Certification Application 

for Firms," signed by an authorized agent of the firm, and pay the 

correct amount of fees. 

 (b) After the executive secretary receives a firm's application, 

the executive secretary will take one of the following actions within 

90 days of the date the application is received: 

 (i) The executive secretary will approve a firm's application 

if the executive secretary determines that it is complete and that 

the environmental compliance history of the firm, its principals, 

or its key employees does not show an unwillingness or inability to 

maintain compliance with environmental statutes or regulations. An 

application is complete if it contains all of the information requested 

on the form and includes at least the correct amount of fees. When 

the executive secretary approves a firm's application, the executive 

secretary will issue the firm a certificate with an expiration date 

not more than 5 years from the date the application is approved; 

 (ii) The executive secretary will request a firm to supplement 

its application if the executive secretary determines that the 

application is incomplete. If the executive secretary requests a 

firm to supplement its application, the firm must submit the requested 

information or pay the additional fees within 30 days of the date 

of the request; and 

 (iii) The executive secretary will not approve a firm's 

application if the firm does not supplement its application in 

accordance with paragraph (1)(b)(ii) of this section or if the 
executive secretary determines that the environmental compliance 

history of the firm, its principals, or its key employees demonstrates 

an unwillingness or inability to maintain compliance with 

environmental statutes or regulations. The executive secretary will 

send the firm a letter giving the reason for not approving the 

application. The executive secretary will not refund the application 

fees. A firm may reapply for certification at any time by filing 

a new, complete application that includes the correct amount of fees. 

 (2) Re-certification. To maintain its certification, a firm 

must be re-certified by the executive secretary. 

 (a) Timely and complete application. To be re-certified, a 

firm must submit a complete application for re-certification. A 

complete application for re-certification includes a completed 

"Lead-Based Paint Certification Application for Firms" which contains 

all of the information requested by the form and is signed by an 

authorized agent of the firm, noting on the form that it is submitted 

as a re-certification. A complete application must also include the 

correct amount of fees. 

 (i) An application for re-certification is timely if it is 

postmarked 90 days or more before the date the firm's current 

certification expires. If the firm's application is complete and 

timely, the firm's current certification will remain in effect until 

its expiration date or until the executive secretary has made a final 

decision to approve or disapprove the re-certification application, 

whichever is later. 

 (ii) If the firm submits a complete re-certification application 

less than 90 days before its current certification expires, and the 

executive secretary does not approve the application before the 

expiration date, the firm's current certification will expire and 

the firm will not be able to conduct renovations until the executive 

secretary approves its re-certification application. 

 (iii) If the firm fails to obtain recertification before the 

firm's current certification expires, the firm must not perform 

renovations or dust sampling until it is certified anew pursuant to 

paragraph (1), of this section. 

 (b) Executive secretary action on an application. After the 

executive secretary receives a firm's application for 

re-certification, the executive secretary will review the application 

and take one of the following actions within 90 days of receipt: 

 (i) The executive secretary will approve a firm's application 

if the executive secretary determines that it is timely and complete 

and that the environmental compliance history of the firm, its 

principals, or its key employees does not show an unwillingness or 

inability to maintain compliance with environmental statutes or 

regulations. When the executive secretary approves a firm's 

application for re-certification, the executive secretary will issue 

the firm a new certificate with an expiration date not more than 5 

years from the date that the firm's current certification expires. 

 (ii) The executive secretary will request a firm to supplement 

its application if the executive secretary determines that the 

application is incomplete. 

 (iii) The executive secretary will not approve a firm's 

application if it is not received or is not complete as of the date 
that the firm's current certification expires, or if the executive 

secretary determines that the environmental compliance history of 

the firm, its principals, or its key employees demonstrates an 

unwillingness or inability to maintain compliance with environmental 

statutes or regulations. The executive secretary will send the firm 

a letter giving the reason for not approving the application. The 

executive secretary will not refund the application fees. A firm 

may reapply for certification at any time by filing a new application 

and paying the correct amount of fees. 

 (3) Amendment of certification. A firm must amend its 

certification within 90 days of the date a change occurs to information 

included in the firm's most recent application. If the firm fails 

to amend its certification within 90 days of the date the change occurs, 

the firm may not perform renovations or dust sampling until its 

certification is amended. 

 (a) To amend a certification, a firm must submit a completed 

"Lead-Based Paint Certification Application for Firms," signed by 

an authorized agent of the firm, noting on the form that it is submitted 

as an amendment and indicating the information that has changed. 

The firm must also pay at least the correct amount of fees. 

 (b) If additional information is needed to process the amendment, 

or the firm did not pay the correct amount of fees, the executive 

secretary will request the firm to submit the necessary information 

or fees. The firm's certification is not amended until the firm 

complies with the request. 

 (c) Amending a certification does not affect the certification 

expiration date. 

 (4) Firm responsibilities. Firms performing renovations must 

ensure that: 

 (a) All individuals performing renovation activities on behalf 

of the firm are either certified renovators or have been trained by 

a certified renovator in accordance with R307-841-8; 

 (b) A certified renovator is assigned to each renovation 

performed by the firm and discharges all of the certified renovator 

responsibilities identified in R307-841-8; 

 (c) All renovations performed by the firm are performed in 

accordance with the work practice standards in R307-841-5; 

 (d) The pre-renovation education requirements of R307-841-4 

have been performed; and 

 (e) The recordkeeping requirements of R307-841-6 are met. 

R307-841-8. Renovator Certification and Dust Sampling Technician 

Certification.

 (1) Renovator certification and dust sampling technician 

certification. 

 (a) To become a certified renovator or certified dust sampling 

technician, an individual must successfully complete an initial 

lead-based paint renovator or dust-sampling technician course 

accredited by the executive secretary under R307-842-1, the EPA under 

40 CFR 745.225, or a state or tribal program that has been authorized 

by EPA pursuant to subpart Q of 40 CFR 745. 

 (b) Individuals who have successfully completed an accredited 

abatement worker or supervisor course, or individuals who have 
successfully completed an executive secretary, EPA, HUD, or EPA/HUD 

model renovation training course before October 4, 2011, but no later 

than the training course expiration date found on that training 

certificate, may take an accredited refresher renovator training 

course in lieu of the initial renovator training course to become 

a certified renovator. 

 (c) Individuals who have successfully completed an accredited 

lead-based paint inspector or risk assessor course before October 

4, 2011, but no later than the training course expiration date found 

on that training certificate, may take an accredited refresher dust 

sampling technician course in lieu of the initial training to become 

a certified dust sampling technician. Individuals who are currently 

certified as lead-based paint inspectors or risk assessors may act 

as certified dust sampling technicians without further training. 

 (d) To maintain renovator certification or dust sampling 

technician certification, an individual must complete a renovator 

or dust sampling technician refresher course accredited by the 

executive secretary under R307-842-1, the EPA under 40 CFR 745.225, 

or by a state or tribal program that is authorized under subpart Q 

of 40 CFR 745 within 5 years of the date the individual completed 

the initial course described in paragraph (1)(a) of this section. 

If the individual does not complete a refresher course within this 

time, the individual must re-take the initial course to become 

certified again. 

 (2) Renovator responsibilities. Certified renovators are 

responsible for ensuring compliance with R307-841-5 at all renovations 

to which they are assigned. A certified renovator:

 (a) Must perform all of the tasks described in R307-841-5(2) 

and must either perform or direct workers who perform all of the tasks 

described in R307-841-5(1); 

 (b) Must provide training to workers on the work practices 

required by R307-841-5(1) that they will be using in performing their 

assigned tasks; 

 (c) Must be physically present at the work site when the signs 

required by R307-841-5(1)(a) are posted, while the work area 

containment required by R307-841-5(1)(b) is being established, and 

while the work area cleaning required by R307-841-5(1)(e) is 

performed; 

 (d) Must regularly direct work being performed by other 

individuals to ensure that the work practices required by 

R307-841-5(1) are being followed, including maintaining the integrity 

of the containment barriers and ensuring that dust or debris does 

not spread beyond the work area; 

 (e) Must be available, either on-site or by telephone, at all 

times that renovations are being conducted; 

 (f) When requested by the party contracting for renovation 

services, must use an acceptable test kit to determine whether 

components to be affected by the renovation contain lead-based paint; 

 (g) Must have with them at the work site their current Utah 

Lead-Based Paint Renovator certification card; and 

 (h) Must prepare the records required by R307-841-6(2)(a)(ii), 

(iii), and (f). 

 (3) Dust sampling technician responsibilities. When performing 
optional dust clearance sampling under R307-841-5(3), a certified 

dust sampling technician: 

 (a) Must collect dust samples in accordance with 

R307-842-3(5)(h), must send the collected samples to a laboratory 

recognized by EPA under TSCA Section 405(b), and must compare the 

results to the clearance levels in accordance with R307-842-3(5)(h); 

and 

 (b) Must have with them at the work site their current Utah 

Lead-Based Paint Dust Sampling Technician certification card. 

R307-841-9. Suspending, Revoking, or Modifying an Individual's or 

Firm's Certification.

 (1) Grounds for suspending, revoking, or modifying an 

individual's certification. The executive secretary may suspend, 

revoke, or modify an individual's certification if the individual 

fails to comply with state lead-based paint administrative rules. 

The executive secretary may also suspend, revoke, or modify a certified 

renovator's certification if the renovator fails to ensure that all 

assigned renovations comply with R307-841-5. In addition to an 

administrative or judicial finding of violation, execution of a 

consent agreement in settlement of an enforcement action constitutes, 

for purposes of this section, evidence of a failure to comply with 

relevant statutes or regulations. 

 (2) Grounds for suspending, revoking, or modifying a firm's 

certification. The executive secretary may suspend, revoke, or modify 

a firm's certification if the firm: 

 (a) Submits false or misleading information to the executive 

secretary in its application for certification or re-certification, 

 (b) Fails to maintain or falsifies records required in 

R307-841-6, or 

 (c) Fails to comply, or an individual performing a renovation 

on behalf of the firm fails to comply, with state lead-based paint 

administrative rules. In addition to an administrative or judicial 

finding of violation, execution of a consent agreement in settlement 

of an enforcement action constitutes, for purposes of this section, 

evidence of a failure to comply with relevant statutes or regulations. 

KEY: paint, lead-based paint, lead-based paint renovation

Date of Enactment or Last Substantive Amendment: May 3, 2012

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(i)