Lead Based Paint Update

The hottest issue today in property management involves new EPA rules, and their enforcement, regarding the abatement of lead based paint.   These rules apply equally to managers and owners so you want to make sure that anybody being hired to work on your property is properly certified if the work is going to be done on a part of the structure built prior to 1978.  First of all, the government’s Residential Lead-Based Paint Hazard Reduction Act of 1992 is being enforced.  This Act requires handing an official EPA Lead Paint brochure to buyers and renters of pre-1978 properties, and having them execute a disclosure provided by the owner or seller.  Managers and owners not completing these two steps are being given large fines.  Also, as of last year, the rules for how to address remediation of lead based paint became much more specific.  These new rules are commonly called the RRP or Renovation, Repair and Painting rules.  Contractors performing renovation, repair or painting projects on a structure built before 1978 must be certified by an approved EPA program that teaches them work practices to prevent lead contamination.   Simply put, renovations in pre-1978 housing and child-occupied facilities must be conducted by certified renovation firms, using renovators with accredited training and following the work practice requirements of the rule.

I have been a part of endless discussions where owners and managers have debated whether the work being planned on a pre-1978 structure will require a certified vendor.  There are some specific rules but like many things involving regulation, I believe they can be interpreted differently by whoever is doing the interpreting.  Since it has become known that EPA is auditing owners and firms, I believe the best policy is to simply confirm that any contractor hired to do work on your pre-1978 home has completed the certification (here is a database of contractors by State who are certified).   A year and a half since these rules began, most reputable contractors understand the need and have completed the certification.  Ask for proof and keep it with your files..so if the government comes knocking you can prove you have done all you can to follow their Lead Paint rules.

 

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