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NAR Lead Paint Compliance Guide: Property Managers' FAQ  (Videos)

Q&A  on the Lead-Based Paint Renovation Rule from CAR Legal Services

Q 1. What is the Lead-Based Paint Renovation Rule (Lead Renovation Rule)?

A The Lead-Based Paint Renovation Rule (Lead Renovation Rule), which implements the Toxic Substances Control Act (TSCA found at15 U.S.C. 2601 et seq.), is a rule affecting construction contractors, residential landlords, property managers and others who perform renovation for compensation in housing that may contain lead-based paint--housing built before 1978.  Renovation includes most repair, remodeling and maintenance activities that disturb painted surfaces.

No more than 60 days prior to commencing the renovation, renovators must give to the owner or occupant of the dwelling the EPA pamphlet, "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools," found at http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf.  The renovator must obtain written acknowledgment that the owner or occupant has received the pamphlet

The rule also establishes requirements for training renovators, other renovation workers, and dust sampling technicians; for certifying renovators (and others); for accrediting providers of renovation training; for renovation work practices; and for recordkeeping.

( See 15 U.S.C. § 2686 (b). For the final rule, see 40 C.F.R. Part 745.)

Q 2. What buildings are covered by the Lead Renovation Rule? 

A The Lead Renovation Rule applies to "target housing" and "child-occupied facilities" (40 C.F.R. § 745.82(a)).

"Target housing" is defined in the TSCA as any housing constructed before 1978, except housing for the elderly or persons with disabilities (unless any child under age 6 resides or is expected to reside in the housing) or any zero-bedroom dwelling (15 U.S.C. § 2681(17)). 

A "child-occupied facility" is a building, or a portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least 2 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 be located in target housing or in public or commercial buildings. (40 C.F.R. § 745.83--see this regulation for more details).

The requirements of the rule apply to renovations performed for compensation within and on the exteriors of target housing units, including renovations in the common areas that are routinely used by children under age 6.  

The Lead Renovation Rule also applies to child care facilities and schools (40 C.F.R. § 745.83). 

Q 3. Who may need to comply with the Lead Renovation Rule? 

A Building contractors, including specialty trade contractors, residential real estate landlords and property managers, among others (40 C.F.R. Part 745).

Q 4. What does the term "renovation" include? 

A The term renovation includes (but is not limited to): the removal, modification or repair of painted surfaces or painted components--such as sanding or scraping doors, window frames, walls, ceilings, etc. 

The term "renovation: does not include minor repair and maintenance activities.  Minor repair and maintenance activities include minor heating, ventilation or air conditioning work, electrical work, and plumbing, that disrupt 6 square feet or less of painted surface per room for interior activities or 20 square feet or less of painted surface for exterior activities where none of the work practices prohibited or restricted by Section 745.85(a)(3) are used and where the work does not involve window replacement or demolition of painted surface areas.  When removing painted components, or portions of painted components, the entire surface area removed is the amount of painted surface disturbed.  Jobs, other than emergency renovations, performed in the same room within the same 30 days must be considered the same job for the purpose of determining whether the job is a minor repair and maintenance activity.  (40 C.F.R. § 745.83.)

The Lead Renovation Rule applies if renovating more than 6 square feet of painted surfaces in a room for interior projects or more than 20 square feet of painted surfaces for exteriors. (See the EPA publication, "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools," found at http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf.

 (40 C.F.R. Part 745.) 

See Question 7 for exemptions.  

Q 5. What if the owner or occupant won’t accept or isn’t home to accept the "Renovate Right" pamphlet from the renovator mentioned in Question 1?

A If the owner or occupant refuses or is unavailable to accept the pamphlet, the Lead Renovation Rule allows for the renovator to certify the attempt.  The Lead Renovation Rule also allows the renovator to mail the pamphlet at least 7 days prior to the renovation if he/she purchases a certificate of mailing from the Post Office when mailing the pamphlet.  (40 C.F.R. § 745.84.)

Q 6. Does Lead Renovation Rule apply to me?

A If your job is for compensation and will require you to disturb more than 6 square feet of paint per room in the interior or more than 20 square feet of paint in the exterior in pre-1978 housing, then you are a renovator for the purposes of the Lead Renovation Rule . This is not dependent upon whether what you do is typically considered a renovation.  (40 C.F.R. Part 745.) 

The term compensation extends beyond money. Providing services in exchange for other services (e.g., bartering) is included within the term.  The Lead Renovation Rule also applies to owners renovating their own apartment buildings using maintenance staff as well as neighborhood handymen providing services to those in the neighborhood for services or goods other than money.   (40 C.F.R. Part 745.) 

See the Question 7 for exemptions.

Q 7. What are the exemptions to the Lead Renovation Rule?

A Exemptions:

• Home or child-occupied facility built 1978 or later (15 U.S.C. § 2681(17));
  
  
• Work that is performed for free (e.g., no exchange of money, goods, or services) (40 C.F.R. § 745.82(a)) ;
  
  
• Work performed by do-it-yourselfers in their own homes (40 C.F.R. § 745.82(a));
  
  
• Work that is performed during an emergency (i.e., a hazardous, non-routine situation that could either threaten public health or cause substantial property damage) (40 C.F.R. § 745.82(b)) (But see Question 8 for specific requirements);
  
  
• Housing that has been already been determined in writing by a certified inspector or risk assessor to be free of paint or other surfaces that contain lead in a certain amount (see the regulation for details) (40 C.F.R. § 745.82(a));
  
  
• Zero bedroom dwellings (15 U.S.C. § 2681(17));
  
  
• Minor repairs that disturb 6 square feet or less of paint per room in the interior or 20 square feet or less of paint in the exterior  (See Question 4 for more details) (40 C.F.R. § 745.83); 
  
  
• Housing for the elderly (unless children reside there--see Question 2 for more details) (15 U.S.C. § 2681(17));

Q 8. What are the details for the exemption for an emergency?

A  Emergency renovations are "renovation activities that were not planned but result from a sudden, unexpected event (such as non-routine failures of equipment) that, if not immediately attended to, presents a safety or public health hazard, or threatens equipment and/or property with significant damage." 

"Interim controls performed in response to an elevated blood lead level in a resident child are also emergency renovations."

The information distribution requirements in Regulation 745.84 do not apply to emergency renovations. 

Emergency renovations other than interim controls are also exempt from the warning sign, containment, waste handling, training, and certification requirements in Regulations 745.85, 745.89, and 745.90 to the extent necessary to respond to the emergency.

Emergency renovations are not exempt from the cleaning requirements of Regulation  745.85(a)(5),  the cleaning verification requirements of Regulation 745.85(b), and the recordkeeping requirements of Regulations 745.86(b)(6) and (b)(7).

(40 C.F.R. § 745.82(b).)

SOURCE:

Q&A on the Lead-Based Paint Renovation Rule from CAR Legal Services