Property Painting Rule: EPAs Renovation, Repair, and Painting Rule: Guidelines for Property Managers

What is the EPA Lead-Based Renovation, Repair, and Painting Program? Federal regulatory program aimed at protecting against lead based paint hazards associated with renovation, repair, and painting activities. Applies to pre-1978 Housing, Apartments and Child occupied facilities. EPAs rules apply only to renovations performed for compensation.

Who must Follow the EPA (RRP) Rule? Residential rental property owners Property Managers General Contractors Painters Plumbers Carpenters Electricians

What Activities are Subject to the Lead Renovation, Repair and Painting Program? Any activity that disturbs paint such as sanding, scrapping, cutting. Disturbing 6 sqft. on Interior and 20 sqft. on Exterior. Remodeling and repair/maintenance (Electrical, Plumbing, Carpentry, Painting preparation) Window replacement

What Housing or Activities Are Excluded and Not Subject to the Rule? Housing built in 1978 or later. Housing for elderly or disabled persons. Zero bedroom dwellings (Studio Apartments) Housing that has been declared Lead- Free. (Certified Inspector, Risk Assessor, or Certified Renovator). Minor repairs…less than 6 feet.

What Does the Program Require Me To Do? Pre-renovation educational requirements. Distribute EPAs lead pamphlet to the owner and occupants before renovation starts. For work in common areas of multi-family housing, you must: Either distribute renovation notices to tenants or you must post informational signs about the renovation or repair job.

Training, Certification, and Work Practice Requirements All firms must be certified and registered Renovators must be trained Lead-safe work practices must be followed. Work area containment Prohibition of certain work practices Thorough clean up with verification

How Does a Firm Become Certified? Firms must apply to EPA for certification by filling out the Applications for Firms form. Signed by authorized agent of the firm. Pay $ fee to EPA renewable every 5 years.

What Are the Responsibilities of a Certified Firm? Firms performing renovations must ensure that: Workers are either certified renovators or have been trained by a certified renovator. A certified renovator has been assigned to each renovation. Pre-renovation education requirements of the RRP Program are performed. The programs recordkeeping requirements are meet.

How Does a Renovator Become Certified? Successfully complete an eight-hour initial renovator training course. EPA accredited training provider. The course completion certificate serves as proof of certification.

What Are the Responsibilities of a Certified Renovator? Responsible for ensuring overall compliance with lead-safe work practices at their assigned renovation. Must provide on the job training to other workers on practice standards. Must be physically present at the site when: warning signs are posted while the work area containment is being established while the work area cleaning is being performed.

What Are the Responsibilities of a Certified Renovator? Must be available, either on-site or by phone at all times during renovation. Must perform project cleaning verification. Must have course completion certificate with photo on work site.

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Frequently Asked Questions

Question: If a general contractor and one or more subcontractors are involved in a single renovation project, which persons or entities are responsible for preparing, retaining and making available the necessary records? Answer: The certified renovator, whether assigned by a general contractor or subcontractor, is responsible for preparing the records demonstrating that the renovation was conducted in compliance with the work practice standards, including training provided to non-certified workers. All renovation firms involved in a project must retain and, if requested, make available to EPA all records necessary to demonstrate compliance with the RRP Rule for a period of 3 years following completion of the renovation.

Question: A property management company performs most of the clerical functions of the business, and hires plumbers, electricians, carpenters, etc., for its renovation needs. Does the property management company need firm certification to comply with the Renovation, Repair, and Painting (RRP) Rule? Answer: A property Management company acts as an agent for the landlord and has the same responsibilites as the landlord under the RRP Rule. Therefore, if the property management company uses its own employees to do the work, the property management company must be a certified firm and one of the employees must be a certified renovator. If the property management company hires a renovation firm to perform the renovation, the property management company does not need firm or renovator certification, but the firm the property management company hires must be certified and must perform the renovation using a certified renovator that directs and provides on-the-job training to any workers that are not certified renovators.

Question: If a property management company hires a certified firm to perform a renovation, who is responsible for providing pre-renovation education, the property manager or the certified firm? Answer: The firm performing the renovation is responsible for providing pre-renovation education. The firm may discharge its responsibilities by reaching agreement with the property management company that the property management company will provide pre-renovation education. However, the firm remains liable for ensuring that the pre-renovation education requirements are met.

Question: Does the RRP Rule apply to office buildings, stores, and other commercial buildings? Answer: No, unless the renovation is taking place in a child-occupied facility that is located in a commercial building. "Child-occupied facility'' means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included.

Question: If a property management company hires a certified firm to perform a renovation and the firm violates the RRP Rule, for example, by failing to distribute the necessary materials or keep proper records, which entity is subject to enforcement action, the property manager or the certified firm? Answer: It is the certified firms responsibility to comply with the PPR Rule and enforcement action taken would be against the firm.

Question: Does the Renovation, Repair, and Painting (RRP) Rule apply to simple painting activities that occur when rental properties turn over? Approximately half of the rental units in the country get new tenants each year. This means a large number of properties are being repeatedly painted, thus further covering any surfaces that may contain lead-based paint. Answer: If there is no surface preparation that disturbs the existing paint prior to painting, the RRP Rule does not apply. If you disturb paint by scraping or sanding while preparing the surface, the RRP Rule applies.

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Role of Certified Renovator Perform lead-safe work as described in the RRP Rule Train all non-certified workers in lead-safe practices Provide onsite and regular direction for all workers during setup and cleanup Are available by phone when not physically present at the work site during work Maintain onsite proof of certification as a certified renovator and training records for all non-certified renovation workers Be a certified firm if accepting payment for contract If they are a sub, not an employee of the firm, they also must be a certified firm