Does a general contractor need to get firm certification under the Renovation, Repair, and Painting (RRP) rule for renovations where its employees are not present during renovations that are subcontracted to other companies?

Yes, a firm or general contractor that enters into a contract or is paid to perform a renovation must get RRP firm certification even if all of the work is subcontracted to other firms including independent contractors. Under the RRP rule, only firms certified by EPA may perform, offer to perform, or claim to perform covered renovations. Firms that perform renovations for compensation must use certified renovators (or, as appropriate, workers that receive on-the-job training). Therefore, general contractors that are paid by individuals or organizations to perform covered renovations must be certified firms and must ensure that a certified renovator is assigned to each renovation performed by the firm and that individuals performing renovation activities on behalf of the firm are either certified renovators or have received appropriate on-the-job training by a certified renovator. In the case of a general contractor that subcontracts out the work, EPA interprets the requirement that certified firms use certified renovators as being satisfied if the general contractor uses firms that are certified that in turn comply with the rule on behalf of the general contractor (such as assigning a certified renovator to the job). In this case, from the time that containment is established until post-renovation cleaning verification occurs, all general contractor and subcontractor personnel performing renovation tasks within the work area must be certified renovators or trained and directed by certified renovators in accordance with the rule. In addition, these personnel are responsible for ensuring the integrity of the containment barriers.

The work practice requirements of the rule, including cleaning and post-renovation cleaning verification, could be performed by any properly qualified individuals, without regard to whether they are employees of the general contractor or a subcontractor. However, both the general contractor and any subcontractors performing work within the work area established for the containment of lead dust and debris are responsible for compliance with this final rule, regardless of any agreements they may have made among themselves.