Specialist · Philadelphia, PA · Member since 2010 · 305 posts · 119 votes
According to the EPA (the agency that enforces the new RRP Lead Safe Law), any Firm or Individual who disturbs 6 Square Feet of interior space of a property built before 1978 for PAY, must be trained & certified.
By the way, they define rents and profits as PAY. So, if you do your own repairs & maintenance, or hire Day Labor to get them done, then you must be certified. The penalty for non-compliance:
$37,500 Civil Fine per day
POTENTIAL $37,500 Criminal Fine per day
POTENTIAL Jail Time
POTENTIAL Civil Law Suit from tenants or neighbors
Our last class was 50% landlords covering their butts & protecting their business, as well as complying with the law. Mostly because they have begun to realize that the fines have started to be issued.
If you have doubts, visit www.epa/gov/lead , they have a VERY LONG list of FAQ's at the site. You can also visit [LINK REMOVED]
Hey Curtis, the link to the Small Entity Compliance Guide is a nice touch.
The EPA is trying to educate the public about the new law (both those who need to comply & the consumer). So hopefully awareness to the law & safe practices will lower the risk of affects from non-compliance.
Great article from EPA:
http://epa.gov/lead/pubs/sbcomplianceguide.pdf
Thanks for the link. It's still a little vague. Is simply overpainting a wall considered "disturbing" it? Can wiping it down with TSP or just a damp cloth be considered "paint preparation"?
Mitch, perhaps looking at the FAQ's from the EPA's website might be of help. (Best to get it from the horse's mouth). Here is a link to their FAQ's: http://epa.gov/lead/pubs/rrp-faq.pdf
When a home or an apartment unit is repainted in preparation for a new tenant, is the painting activity always considered a “renovation†for purposes of the pre-renovation education requirements even if no surface preparation activity is performed prior to painting?
Answer No. The primary determinant of whether a given activity constitutes a “renovation†under the RRP Rule is whether that activity disturbs a painted surface. The practice of recoating painted surfaces in preparation for new tenants would not constitute “renovation†unless accompanied by activities that disturb the painted surface and create paint dust such as sanding, scraping, or other surface preparation activities. Minor “spot†scraping or sanding can be considered “minor repair and maintenance activities†if no more than 6 square feet of paint is disturbed in any room or no more than 20 square feet of paint on any exterior to be painted, and the work does not involve practices prohibited by the Rule, such as power sanding without a high-efficiency particulate air (HEPA) filter attachment. Washing walls or other components prior to painting likely would not result in a disturbance of painted surface.