EPA makes it illegal to be a handyman - Seriously

EPA makes it illegal to be a handyman - Seriously

Rental Property Investor · Omaha, NE · Member since 2008 · 62 posts · 14 votes

I'm surprised I haven't seen this posted yet. I just came across this last night.

In April it will be illegal to work on your own house. Anyone doing work on properties built before 1978 have to now be a certified renovator and trained to do the work if you disturb more than 6 sq/ft inside or 20 sq/ft outside or any windows. It applies to you and all handymen that you hire. After you take the mandatory class it takes 60 days to complete the certification process, so you need to get this done now. The fine for not complying is $32,000!

http://www.epa.gov/lead/pubs/renovation.htm

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Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
16y
Originally posted by NC Mark:
You're welcome to take a dump before 5:00 but it must be 'certified' and it will no doubt be taxed......


Crap and trade
See this reply in the discussion

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  • Real Estate Investor · Craigmont, ID · Member since 2009 · 564 posts · 239 votes
    16y

    I don't see where it will make it illegal to work on your own house unless you're counting rentals.

  • Rental Property Investor · Omaha, NE · Member since 2008 · 62 posts · 14 votes
    16y

    Yep, talking about rentals here. This affects every landlord in the US. The ones that do their own work need to get certified and the ones that do not need to ensure that every person they hire is certified.

    The EPA made rounds here last year and fined everyone that did not have documented copied of the lead based paint pamphlets, fined the landlords that didn't have them, and even contacted tenants to ensure it was their true signature. I wouldn't be surprised if they made rounds to jobsites this year and started throwing around $32k fines.

  • Member since 2009 · 499 posts · 117 votes
    16y

    Hi Eric,

    I live in your state,,,and anticipate moving to your city next year.

    I agree this sounds like a trainwreck about to happen. How come they dont make these rules more known before they fine the pajeezes out of you??

  • Real Estate Investor · Las Vegas, NV · Member since 2008 · 1k+ posts · 447 votes
    16y

    You may be misinterpeting this to some extent. This is what the website says:

    I haven't seen anything that says you can't work on your own property, it references "paid renovators". It appears that property owners are subject to these rules only if you are renting the space to child-care facilities.

    It's just another hoop investors need to jump through.

    :cool:

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    16y

    I read that a little differently, Richard. I read it as meaning if you're renting pre-1978 residential property, this rule applies. I believe it applies to homes, child-care facilities, and schools:

    I looked and locally the certification course runs $180. I've previously looked at these "safe work practices", and they're a bit of a pain, but nothing too onerous. Lay down plastic to catch chips, use wet techniques rather than dry sanding or scraping, and isolate other areas of the property. Use HEPA vacuums. So, yep, some impact. The cost of doing business just went up a bit.

    When I was a kid growing up on a farm, we had a similar deal with pesticides and herbicides. Anyone buying these items had to get certified. Some company came and did a two hour presentation in the high school gym and we all got certified.

  • Real Estate Investor · Las Vegas, NV · Member since 2008 · 1k+ posts · 447 votes
    16y

    The site EPA states what contractors MUST do but also states what property owners SHOULD do.

    As usual, a government agency isn't very clear.

    :cool:

  • Altus, OK · Member since 2008 · 2k+ posts · 690 votes
    16y

    So what's next the government telling us we can't take a dump in our own toilets unless it's after 5:00 PM.

  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    16y

    You're welcome to take a dump before 5:00 but it must be 'certified' and it will no doubt be taxed......

  • Attorney · Raleigh, NC · Member since 2008 · 4k+ posts · 1k+ votes
    16y
    Originally posted by NC Mark:
    You're welcome to take a dump before 5:00 but it must be 'certified' and it will no doubt be taxed......


    Crap and trade
  • Altus, OK · Member since 2008 · 2k+ posts · 690 votes
    16y
    Originally posted by NC Mark:
    You're welcome to take a dump before 5:00 but it must be 'certified' and it will no doubt be taxed......


    Crapital tax gain I presume :mrgreen:
  • Real Estate Investor · ten mile, TN · Member since 2009 · 1k+ posts · 374 votes
    16y

    I think a lot of people are missing one important factor.

    The regulated activites are only when more than six feet of lead-based paint is disturbed (inside) or 20 sq feet (outside). Any maintenance, repair, ect that disturbs the paint is what is regulated! It also says where children under 6 are regurarly. So if you have no children under six, it also does not apply.

    Then the article goes on to say that

    Therefore it does not apply to your personal home, except for the potential of a child under six, if you do your own work.
  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    16y

    Heaven help me Tim and James I was drinking a cold beverage when I read your posts and now my keyboard is dripping.

    Thanks for the snort.......

  • Property Manager · Passaic, NJ · Member since 2008 · 369 posts · 83 votes
    16y

    It isn't as bad as you think. In NJ its a $35 course offered at Rutgers to anyone to become certified. States are using this requirement to add new requirements however. In NJ multi-family housing requires 5 yr State inspections so now instead of $35 a unit per apartment inspection fee the fee goes $20 higher for each unit built before 1978 (for a lead inspection). Someone told me that inspections are now being required for "any" rental housing not just multi's. This means LOTS of added revenue.

  • Investor · Westminster, CO · Member since 2009 · 1k+ posts · 1k+ votes
    16y

    Easy way out. The last 3 rentals I purchased were built after 1978. 2 were built after 2000. This also keeps your repairs well below the "50% rule".

  • Homeowner · Member since 2008 · 23 posts · 0 votes
    16y

    Anyone have any updates to this? The way people are talking in my town (texas) -- they think this is a really big deal.

  • Joshua D.Pro Member
    BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
    16y

    Here's an link to some updated info:
    New lead paint rules go into effect April 22

  • Steph C.Pro Member
    Real Estate Investor · Bristol County, MA · Member since 2010 · 153 posts · 37 votes
    16y

    Hi,

    Any idea how this would impact a rehab of a SFH? Do the guidelines only apply if the new buyer has children under 6?

    We're looking at a property built in 1973 that definitely needs new windows, which would need to be installed by a "ceritified' installer, I assume.

    Thanks!

  • Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
    16y
    Originally posted by stealthreinvest:
    Hi,

    Any idea how this would impact a rehab of a SFH? Do the guidelines only apply if the new buyer has children under 6?

    We're looking at a property built in 1973 that definitely needs new windows, which would need to be installed by a "ceritified' installer, I assume.

    Thanks!


    If I were you, I would find an EPA certified contractor to work on that property - unless there is some documentation that the property has had all lead paint removed with some lead abatement program.
  • Steph C.Pro Member
    Real Estate Investor · Bristol County, MA · Member since 2010 · 153 posts · 37 votes
    16y

    Thanks, Steve. Sound advice. I'm typically very cautious so that works for me.

  • Real Estate Investor · ten mile, TN · Member since 2009 · 1k+ posts · 374 votes
    16y

    I would be cautious about having any member of my "team" who could not pass a certification test. Contractor, Plumber, Electrician, ect. It is wise to have someone to fallback on to verify that all work was done properly IF there should be ANY future claims made.

  • Property Manager · Passaic, NJ · Member since 2008 · 369 posts · 83 votes
    16y

    I have lived thru the inspection process and compliance with this rule/law now twice. It applies to rental housing. At the moment its enforced by the State in relation to multi-family dwellings...My State does not have the manpower to enforce it currently on single, two and three families-they will though as it is a potential added revenue stream. In NJ multi's have 5 yr State inspections so it's natural that we get hit with compliance first. The key is to keep your property painted and not have any peeling paint.

    I read about the law a while back but didn't pay much attention. The inspector did her inspection and found a number of units with peeling paint - not much - very small patches - not enough to qualify under the sq footage requirement. Could have argued if I knew more about the law then but I've learned you don't argue with State inspectors. At the end of the inspection she asked who did my repairs and to see my Lead Certifications for those individuals. Well I told her its just me and my Super. She gave me a # and a brief education. We signed up for the course, got Certs and made our repairs. Because I was cited, the law applied and I had to submit dust wipe sample results from a lab. The same person that makes the repair cannot do the samples. Therefore, my Super made the repairs and I took the dust wipe samples, sent them to the lab, and faxed the clearance reports to the State.

    I was almost done except that 2 apts were cited to be tested and inspected by a Lead Certified Company approved by the State. There is no rhyme nor reason why she selected these 2 units - the only thing I can think of is the State wanted to be sure that we were properly testing the site and not another property that might have been built after 1978.

    Dust wipe samples can only be taken from the floors, carpeting, window sills or window wells. The company came in and did the same thing I had done - took dust wipe samples, sent to the lab, and sent me a report of clearance which I submitted. Hooray...inspection passed. Total cost to me: $65 per apartment x 37 units for State inspection, $50 per unit for lab tests of dust wipe samples x 12 apartments cited, $700 for certified inspection & testing of the two "special" units cited.

    The law requires that you also maintain a yearly checklist on each apartment that basically acknowledges that someone has checked the unit for peeling paint, what date, who, and if repairs were made.

    Inspection of building #2 was a breeze. I learned.......checked each unit and made sure there was no peeling paint anywhere. We passed with flying colors.

    After this I learned many things 1) check each apartment once a year 2) repair peeling paint immediately 3) in pre-78 housing I no longer install carpet but refinish the hardwood flooring and install linoleum tiles.

    Many of you probably inspect your units regularly. In multi's we sort of develop the habit of expecting the Super to keep up on it or expecting a tenant to report peeling paint. I've learned that doesn't happen - the tenant never reports it - they don't want the landlord to see they are a) are filthy, b) have a friend not on the lease living with them, c) have a cat not permitted, etc. etc....

  • Real Estate Investor · Ephrata, PA · Member since 2010 · 58 posts · 2 votes
    16y

    I recently had to scurry to meet this deadline. I had to scrape and sand my MFU before closing for FHA requirements before April 22. After that date, I can take my time to paint. However, I think if you have a rental property that is before 1978, I think you can get a lead base paint test to show that it is negative?

  • Rental Property Investor · Omaha, NE · Member since 2008 · 62 posts · 14 votes
    16y

    Be careful out there. The EPA is in town for us this week. Rumor is they will be here for 2 weeks and have handed out several $11k fines.

  • Real Estate Consultant · Bloomfield, NJ · Member since 2010 · 2k+ posts · 1k+ votes
    16y
    Originally posted by Ingrid Nagy:
    It isn't as bad as you think. In NJ its a $35 course offered at Rutgers to anyone to become certified..


    Hi Ingrid. Do you happen to know where I can get more information on the certification at Rutgers? Thanks!
  • Property Manager · Passaic, NJ · Member since 2008 · 369 posts · 83 votes
    16y

    Sure Ibrahim,
    It's Rutgers Continuing Studies, Mary Lou Giese or Edyta Nagorska. Class is entitled Lead Ready Renovation and Maintenance. 732-932-3640 fax: 732-932-3586.

    Course fee now is increased to $50. Courses are offered all over at various hotels (one day course). Contact the women and they will put you on their mailing list for the Fall Schedule. I tried to register two Supers and was told that the classes are booked solid through the Summer.

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