EPA Requires Landlord Certification for Renovations

In April, 2008, the USEPA issued a new rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning April 22 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in “child-occupied” homes and facilities built before 1978 must be certified and must follow specific work practices to prevent lead contamination.

The rule will affect paid renovators and property owners who work in pre-1978 “child-occupied” housing and facilities, including:

• Renovation contractors
• Maintenance workers in multi-family housing
• Painters and other specialty trades.

Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 sq. ft. of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.

Property owners who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing or space rented by child-care facilities must, before beginning work, provide tenants with a copy of EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools. Owners of these rental properties must document compliance with this requirement – EPA’s sample pre-renovation disclosure form may be used for this purpose.

Deadline for Property Owners

After April 22, 2010, property owners who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and follow the lead-safe work practices required by EPA’s Renovation, Repair and Remodeling rule.

To become certified, property owners must submit an Application for Firm Certification and fee payment to EPA. EPA will begin processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application. Property owners who perform renovation, repairs, and painting jobs in rental property should also:

• Take training to learn how to perform lead-safe work practices.
• Learn the lead laws that apply to you regarding certification and lead-safe work practices.
• Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job.

Read about how to comply with EPA’s rule in the EPA Small Entity Compliance Guide to Renovate Right at http://tinyurl.com/yeu3h96 . Read about how to use lead-safe work practices in EPA’s Steps to Lead Safe Renovation, Repair and Painting. EPA may seek penalties up to $32,500 per violation for violating the Toxic Substances Control Act. Also, any person can bring an action against the property owner for not following these rules and the property owner could be liable to pay   attorney fees.

To learn more visit the EPA Renovation, Repair and Painting website at: http://tinyurl.com/3mujsv. Also, a good 15 minute video is available at Realtor.org that answers many questions. It can be found at:  http://tinyurl.com/ycvkyrk.

- Dean Willaredt, CCLA