Lead Certification

LEAD CERTIFICATION REQUIREMENTS

US EPA Lead Certification Federal Law Renovations (Prior to 1978): The Federal law applies to all contractors. Federal Environmental Protection Agency law has put in place contractor lead abatement regulations that require contractors doing work on pre-1978 child-occupied residential buildings to test for and/or abate lead in the areas of those buildings on which they are working. The Federal Law intends that a permit should not be issued for work on pre-1978 residential structures unless the licensed residential contractor requesting the permit has the required lead certification or one of the exceptions in 745.82 can be met. Cities are not responsible to collect and verify lead certification data for projects that do not require State Licensing; however, contractors are still required to follow Federal Law on these renovations. See Examples.

Examples:

A commercial contractor doing work on a large multi-family residential building would not be required to have their certification checked under Minnesota Law because they are not licensed, but they would still need to comply with the Federal standard.
A handyman with a state exemption certificate under the residential contractor licensing law or specialty contractors who perform only one special skill (for example concrete and masonry, excavation, carpentry, or interior finishing) requesting a permit to do work on a single family house is not required to have their lead Certification checked under Minnesota law because they are exempt from state licensing, but they would still need to comply with the Federal standards.
Even though roofing contractors are a part of the residential licensing group in Minnesota law, unpainted roofing that does not disturb paint is outside the scope of the Code of Federal Regulations (CFR). They would not be required to provide a lead certification unless the scope of work includes doing more to the fascia than putting a drip edge over it.

US EPA Lead Certification State Minnesota law Renovations (Prior to 1978)

When issuing permits in compliance with the State Building Code to a residential building contractor, residential remodeler, manufactured home installer, or residential roofer licensed under section 326B.805, municipalities must verify lead certification qualifications of the licensee required under subdivision 14 for renovations performed on residential property constructed prior to 1978.

Per MS326B.106 Subd. 14 The Minnesota licensed Residential Contractor “...may be certified in accordance with CFR title 40 section 745.89...” This CFR section is for “Firm Certification.” An individual within the firm must also be certified, but the verification called for is the “Firm Certification.” In other words nothing would prohibit a construction firm with the proper lead certification from doing the portion of the work dealing with the lead contamination and another contractor from doing the remaining work under separate permits, much as asbestos is handled.

The Minnesota Department of Labor and Industry believes that this law intends that a permit should not be issued for work on pre-1978 residential structures unless the licensed residential contractor requesting the permit has the required lead certification or one of the exceptions in 745.82 can be met. The Minnesota Legislature passed a law, effective February 1, 2011, intended to work in conjunction with this Federal law. This Minnesota law is contained in Minnesota Statute (MS) 326B.106 subd. 13 & 14.