Washington Lead-Based Paint Programs — Biennial Report to the Legislature (May 2024)
Summary
Washington Lead-based Paint Programs, a biennial report to the Legislature dated May 2024, from the Washington State Department of Commerce, submitted pursuant to RCW 70A.420.050. The executive summary states that one training provider added a Spanish-only course, that about 50 individuals have used it so far, and that the program currently employs three FTEs. Program funding in the last biennium was $954,539 in federal funding and $112,981 in program revenue. The report states that firm certifications stayed level, from 2,081 in 2022 to 2,083 in 2023, and that persons certified increased from 6,827 in 2022 to 7,458 individuals in 2023.
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“Washington Lead-Based Paint Programs — Biennial Report to the Legislature (May 2024).”
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Washington Lead-based
Paint Programs
Biennial report submitted pursuant to RCW 70A.420.050
May 2024
Report to the Legislature
WASHINGTON LEAD-BASED
PAINT PROGRAMS Director Mike Fong
v3.51
Acknowledgments
Washington State Department of Commerce
Cindy Guertin-Anderson, Assistant Director
Community Services
Cecil Daniels, Managing Director
Community Economic Opportunities
Kari Sample, Program Manager
Community Service Programs
Cynthia Sanderson, Program Manager
Lead-Based Paint Programs
1011 Plum St. SE
P.O. Box 42525
Olympia, WA 98504-2525
www.commerce.wa.gov
For people with disabilities, this report is available on
request in other formats. To submit a request, please
call 7-1-1 and ask to be connected to 360-725-4000.
WASHINGTON LEAD-BASED PAINT PROGRAMS 2
Table of contents
Executive summary .........................................................................................................................................4
Recommendations ..........................................................................................................................................4
Overview of Washington's Lead-Based Paint Programs...................................................................................6
Program funding and costs .............................................................................................................................7
Certifications ..................................................................................................................................................8
Recommendations ..........................................................................................................................................9
Comparison of RRP fees by state ..................................................................................................................10
WASHINGTON LEAD-BASED PAINT PROGRAMS 3
Executive summary
Lead-based paint and lead-contaminated dust are the most widespread and hazardous sources of lead
exposure for young children in the United States.1 Even low levels of lead exposure in children can cause
kidney damage, learning disabilities, brain and nervous system damage, poor muscle coordination, reduced
muscle and bone growth, hearing impairment, and speech, language and behavioral problems. Federal and
state lead-based paint rules apply to work performed on homes built before 1978, although housing built
before 1960 contains the majority of lead-based paint hazards. The Lead-Based Paint Program's operational
costs have risen due to increased costs for supplies and the need for advanced technology to ensure
efficiency. Aligning our fees with those of peer states and federal agencies ensures financial viability,
consistency, and fairness, making our programs competitive and equitable.
This report satisfies RCW 70A.420.050, which requires the Department of Commerce to "establish procedures
and requirements for the accreditation of lead-based paint activities training program…" and "…prepare and
submit a biennial report to the legislature regarding the program's status, its costs, and the number of persons
certified."
Program highlights
Program status
Spanish speaking training: One training provider added a Spanish-only course to their class selection. So
far, about 50 individuals utilized this class. Our communities have a significant need for training in
languages other than English, including Russian and Vietnamese. However, finding training providers who
can offer the information in the other languages is a barrier.
Staffing: The program currently employs three FTEs, including a program manager, one compliance and
enforcement specialist, and one certification and accreditation specialist.
Costs and funding
Program funding comes from federal and state sources and program revenue. In the last biennium funding
sources and amounts were:
$954,539 in federal funding paid for program staffing, education and travel costs.
$112,981 in program revenue earned from certification and accreditation payments. Program certification
fees are the lowest in the nation (see Table 5) and are a small share of program revenue.
Persons and firms certified
Firm certifications stayed level, from 2,081 in 2022 to 2,083 in 2023.
Persons certified increased from 6,827 in 2022 to 7,458 individuals in 2023.
Recommendations
Allow rulemaking authority for the Department of Commerce to assess and set certification fees.
Upgrade the digital system of certification and training.
1 Centers for Disease Control, "Lead in Paint," https://www.cdc.gov/nceh/lead/prevention/sources/paint.htm
WASHINGTON LEAD-BASED PAINT PROGRAMS 4
• This will increase access, reliability and efficiency of certification processes.
Promote lead training and certification programs to eligible individuals and firms.
• To increase certification rates, the program needs enhanced collaboration with local jurisdictions and
communications strategies in both English and Spanish.
WASHINGTON LEAD-BASED PAINT PROGRAMS 5
Overview of Washington's Lead-Based Paint Programs
Commerce's Lead-Based Paint Programs aim to ensure contractors and homeowners work safely in buildings
containing lead-based paint. The programs' priority is education and training about work methods that protect
children from lead hazards. Two programs work to reduce lead hazards to the public:
1. The Lead Paint Activities Program for firms performing lead activities work, including abatement
2. The Renovation, Repair and Painting Program for firms and individuals performing work that could disturb
lead in buildings built before 1978
Lead Paint Activities Program
The 2003 Legislature established the Lead Paint Abatement Program. For clarity, the program was renamed
the Lead Paint Activities Program. The program protects the public from exposure to lead hazards. We do this
by ensuring the availability of a trained and qualified workforce who can identify and address lead-based paint
hazards. The Lead Paint Activities Program accredits lead-based paint training providers, certified lead-
abatement firms and individual workers who perform lead-based paint remediation work. The program
processes certification and accreditation applications, tracks licensees, reviews training for provider and
program effectiveness, provides technical assistance, investigates potential violators, enforces rules, conducts
outreach, maintains website information, and represents Commerce regarding all lead paint issues.
Renovation, Repair and Painting Program
The 2010 Legislature created the Renovation, Repair and Painting (RRP) Program, which focuses on
contractors performing work, such as home remodeling or painting, which may disturb lead-based paint. The
RRP Program rule applies to anyone who works for compensation on a pre-1978 residence or child-occupied
facility. Rules apply to work that disturbs more than 20 square feet of exterior paint and six square feet of
interior paint.
Staffing
Program manager: 1 FTE
The program manager provides overall administration and oversight of program components to ensure the
completion of goals and objectives. In addition, the program manager supervises program staff and manages
the program budget. The program manager also coordinates and implements administrative activities,
including program statutes and rules, funding proposals, data requests, and quarterly reports.
Compliance and enforcement specialist: 1 FTE
The compliance and enforcement specialist is responsible for compliance assistance and enforcement
actions. They develop and implement enforcement strategies to ensure compliance with lead-based paint
regulations requiring certification of individuals and firms. This position also designs and evaluates program
policies, procedures, forms, statutes and administrative rules to ensure program effectiveness. They are
responsible for entering and tracking enforcement actions in Lead-Based Paint Programs.
Certification and accreditation specialist: 1 FTE
The certification and accreditation specialist is responsible for maintaining data including: accreditation of
trainers, pre- and post-training information and certification of trainees. This role also coordinates testing,
WASHINGTON LEAD-BASED PAINT PROGRAMS 6
grading, and document submission. In addition, this position coordinates state certification testing, grades the
tests, enters pre- and post-training data and ensures that the accredited training providers submit required
training documentation.
Enforcement actions
Penalties
The compliance and enforcement specialist works to ensure people follow the rules about lead paint and keep
everyone safe. The specialist visits sites and talks to contractors, giving tips on how to handle lead paint
safely. The specialist also educates building owners, contractors, and families with young children about why it
is important to get the right certifications and how to obtain them.
Enforcement actions include issuing letters requiring firms to correct non-compliance issues. If firms fail to
come into compliance, they may face financial penalties ranging from $500 to $2,500. These penalties are
referred to as "fines" under RCW 70A.420.080. If fines are not paid, cases may be referred to the Environmental
Protection Agency (EPA) for collection. These proactive measures help prevent lead exposure, promote safe
work practices, and support the overall goal of protecting public health.
Other enforcement actions
The compliance and enforcement specialist engages in various enforcement actions to ensure adherence to
lead-based paint regulations and promote public safety. This specialist performs outreach and site visits,
providing guidance and recommendations to contractors on the best methods to contain lead under specific
site conditions. Additionally, the compliance and enforcement specialist educates building owners,
contractors, and residents, including families with young children, about the importance of certifications and
provides information on how to obtain the necessary certifications to ensure compliance with state and federal
regulations. These proactive measures help prevent lead exposure, promote safe work practices, and support
the overall goal of protecting public health.
Program funding and costs
Washington's Lead-Based Paint Programs receive funding from the EPA, state appropriations and program
revenue.
Table 1: Program funding by source - 2020 to 2023
Fund source 2020 2021 2022 2023
Federal funds $466,744 $495,085 $459,454 $390,742
Program income $60,075 $56,500 $56,581 $56,400
State appropriations $272,000 $272,000 $0 $0
Totals $798,819 $823,585 $516,035 $447,142
Note: federal funds are presented by federal fiscal year, which runs from October 1 to September 30. State appropriations and program income figures
are presented by state fiscal year, which runs from July 1 to June 30.
WASHINGTON LEAD-BASED PAINT PROGRAMS 7
Overall costs
EPA funding and costs
A State and Tribal Assistance Grant (STAG) from the EPA has funded the Lead-Based Paint Programs since
2004. In past years, the funding allocation from EPA varied from year to year. STAG funding covers the costs
for three full-time employees.
Program revenue and costs
The program charges individuals, firms and training providers for certifications. The individual and firm
certification costs are the lowest in the nation. See Table 5 for more information about certification fees.
Individual and firm certification
Program revenue supplements federal funding.
Training provider certification
The program charges training providers $200 for each discipline and course type (initial and refresher for
renovator, inspector, risk assessor, supervisor and worker) they are accredited to teach.
Certifications
The program tracks businesses that work in lead-related industries and individuals associated with that
business and their certifications. Businesses obtain firm certifications, while individuals obtain a worker,
supervisor, inspector, risk assessor or renovator certification. Lead Paint Activities certifications last for three
years. Renovation, Repair and Painting certifications last for five years. Each certificate costs $25.
Active enforcement helps drive certification. For example, certifications increased after Commerce hired the
enforcement officer in Eastern Washington.
Firm certifications
Commerce uses an online database to track firms and individuals performing lead activities, including
associated certifications. The database allows us to issue electronically generated certifications and collect
payment from training providers electronically. The goal is for contractors to upload applications electronically,
thus reducing the staff hours required to process applications.
The Secure Access Washington (SAW) system is required for contractors to upload items to the database;
however, contractors find SAW challenging to use. As a result, contractors are not currently required to submit
certifications electronically. We recommend a better digital solution.
Individual certifications
Commerce issues individual certifications to lead professionals. Each certified firm must employ at least one
lead professional. A renovator is the most common lead certification.
WASHINGTON LEAD-BASED PAINT PROGRAMS 8
Certification data (includes new and re-certifications)
Table 3: Renovation, Repair and Painting Program certifications
State fiscal year Firms Individuals
July 1, 2021 - June 30, 2022 1994 6584
July 1, 2022 - June 30, 2023 2027 7214
Table 4: New Lead Paint Activities Program certifications
State fiscal year Firms Individuals
July 1, 2021 - June 30, 2022 87 233
July 1, 2022- June 30, 2023 76 244
Recommendations
1. Allow rulemaking authority to assess and set certification fees
We recommend agency rulemaking authority to set the certification fees for both Renovation, Repair, and
Painting and Lead-based paint activities programs:
Set program certifications fee by rule. Current statute sets the rate for certification. The agency
recommends a rulemaking process to engage stakeholders to set fees at an amount that meets needs of
the program and agencies.
This request would allow the state to align more with what other states, such as Oregon, and federal
agencies, like the EPA, charge for certifications, and set fees in the future. The Lead-Based Paint Program's
operational costs for maintaining certifications have risen due to increased costs for supplies and the need
for advanced technology to ensure efficiency. Aligning our fees with those of peer states and federal
agencies ensures financial viability and allows for consistency and fairness, making our programs
competitive and equitable. This alignment also provides a flexible framework for future adjustments,
enabling the programs to adapt to changing economic conditions without compromising service quality.
See Table 5 for a comparison of certification fees.
2. Upgrade the digital system of certification and training
Upgrade the digital system for certification and training, to increase reliability and timely certification
granting.
A database upgrade will allow for timely issuance of certification and payment and better program access
to records for recertification.
3. Promote lead training and certification programs to eligible
contractors
Enhance collaboration with city and county permit offices to increase the number of jurisdictions who
provide information about lead paint requirements on their documents.
WASHINGTON LEAD-BASED PAINT PROGRAMS 9
Develop a statewide communications plan and strategy to increase awareness about lead training and
certification programs in both English and Spanish.
Justification for recommendations
The programs help prevent lead poisoning of children under six from lead-based paint hazards by ensuring that
contractors who work on pre-1978 housing and child-occupied properties are trained and certified and in
compliance with the program requirements, such as educating occupants of potential lead hazards, using lead-
safe work practices while performing these projects and keeping records. When an enforcement officer visits
an area to make records requests, pull permits, conduct site visits and speak to contractors, the program
typically sees a spike in applications for that area.
Comparison of RRP fees by state
Other states' Renovation, Repair and Painting (RRP) programs average $150 per year for firm certification and
$71 per year for individual certification. Table 2 shows states with RRP authority and the costs for certification
in those states.
Table 5: Comparison of RRP fees by state
State Firms Individuals
Alabama $300 $100
Delaware $50 $50
Georgia $100 $150
Iowa NA $60
Kansas $100 N/A
Massachusetts $375 N/A
Mississippi $350 $75 (for up to two individuals)
North Carolina $300 N/A
Oklahoma $60 N/A
$100 Central Contractors Board + Oregon
Oregon N/A
Health Authority
Rhode Island $8 $8
Utah $200 $150
Washington $5 $5
Wisconsin $90 $37.50
U.S. EPA (all other states) $60 N/A
Average fee $150 $71
WASHINGTON LEAD-BASED PAINT PROGRAMS 10
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