Are property management companies subject to the EPA's lead renovation, repair, and painting rule?
Yes. The Environmental Protection Agency’s 2008 Lead-Based Paint Renovation, Repair, and Painting (RRP) Rule requires specific training and certification when performing certain work with pre-1978 housing or child-occupied facilities. The rule originally exempted property management companies who were not performing the renovation, repair, or painting work. However, that changed in March 2022.
According to the EPA, property management companies that perform, offer, or claim to perform regulated renovations in pre-1978 housing or child-occupied facilities are required to obtain certification from the EPA and ensure that renovations in the homes they manage are performed by certified firms and employees trained to use lead-safe work practices. The EPA will now hold both the property management company and the contractors they hire liable for compliance if the circumstances indicate that both entities performed or offered to perform renovations under the RRP rule.
Penalties for a failure to maintain required documents can reach $40,576 per violation, per day and “knowing violations” can result in criminal penalties of up to $50,000 per violation per day, or imprisonment for not more than one year, or both, in addition to or in lieu of civil penalties.
The EPA has broadened its interpretation of “offering to perform” and “claiming to perform” to include actions such as:
- Soliciting and evaluating contractor bids
- Applying for permits, as appropriate
- Granting contractors access to the property
- Overseeing contractor work on the property
- Informing tenants of renovation activity
- Verifying completion of renovation activity
- Remitting payment to the contractors.
Visit the EPA's website for information on how to get certified.
I presume it is safe to say that this article refers to LBP remediation.
The article leaves out the affective date. It just says we are NOW required to be EPA Certified. When does “NOW” start? Today? Next week? Next month? Last month? We have to get a whole certification or run the risk of huge fines and potential penalty of jail. That’s a pretty big deal. Some clarification would be greatly appreciated.
Almost 12 years ago. Effective April 22, 2010.
Where can one find a definition of which renovations are regulated?
There is a link at the bottom of the article. That’s where I saw the child occupancy thing
It looks to me like the house has to be a 1978 or earlier AND be occupied by children to be effected by this. So do renovations when the home is empty and wear the appropriate PPE