New EPA Lead Painting Renovation, Repair and Painting (RRP) Rule or Hidden Taxes?
If you are landlord in Jacksonville Florida area please be advised.
New EPA's Rule being effective as of April 22nd, 2010
40 CFR 745.80 to .91
What should Landlords in Jacksonville Florida know about it?
Compliance NOT required in your own home!
(IF you do the work and no money changes hands.)
Lead Abatements are exempt for RRP rules
- Exempt if <6 SF painted surface inside
(But, only if no sanding, scraping or heating!)
- Exempt if <20 SF outside
(But, only if no sanding, scraping or heating!)
- Exemption is within 30 days
(NO Exemptions for window replacement or demolition)
“After April 22, 2010, property owners who perform these projects
in pre-1978 rental housing must be certified and follow the
lead-safe work practices required by the EPA’s Renovation,
Repair and Remodeling rule”
http://www.epa.gov/lead/pubs/renovation.htm
Options for Compliance
- Assume home contains lead and follow the lead-safe work practices
- Test for lead using a lead test kit
- Hire a certified lead risk assessor or inspector to locate specific areas with lead paint if present
Hire Contractors Certified to Conduct Lead-Based Paint Activities and Renovations!
Expect the responsibility to fall on you if you hire un-licensed and un-certified contractors!
Actions of Certified Contractor(If tenant occupy property)
- Deliver EPA pamphlet to tenant/owner
- Get signature confirming delivery
- Post warning signs
- Contain work area
- Plastic on floors and furniture
- Doors and vents plastic sealed
- Certified renovator to direct or supervise work
- No flame producing tools
- No heat guns, anders must have HEPA filters
After completion
- No visible dust or debris
- White glove or “swifer test”
- 40 SF cleaned compared to a verification card
Exemptions
- Foreclosures
- Zero Bedroom units
- Housing for the Disabled
- Senior Housing
- Less than 100 days, no renewal option
How do I become Certified?
- Take EPA approved 8 hour course
- Submit EPA “Renovation Firm” Certification Application
- Pay $300 fee
- Certification good for 3 years
- Re-certification fee is also $300
Documentation is KEY!
If you can’t document it, the EPA will assume that you did not do it!
Fines are up to $37,500 per day per violation!!!
U.S. Lead Paint History
1804 First factory lead paint
1910-30 Lead concentration on the rise
1930 Latex and titanium paints
1955 Industry limit of 1%
1971 LBPPPA defines 1%
1973 LBPPPA amends 0.5%
1976 LBPPPA amends 0.06%
1978 CPSC bans sale for home use
Today Lead paint still in industrial use
% of Homes Likely to Contain Lead
1960 to 1978 24%
1940 to 1960 69%
Before 1940 87%
If you are landlord in Jacksonville Florida area please be advised.
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Posts
The new EPA requirements for removal of lead paint occurred in what appeared to be a surprise attack. Before the adoption of the new law, very few people were familiar with the new EPA requirements for certification lead.
ReplyDeleteHOA Management
The new EPA requirements for removal of lead paint has turned into what looked like a sneak attack. Before the adoption of the new law, few people were aware of the new EPA requirements for lead certification.
ReplyDeleteProperty Management
EPA is expanding the renovators responsibilities "beyond the scope of a general contractor and general liability. Although employers have exposure to pollution, the new EPA requirements increase the risk of liability claims contamination.
ReplyDelete