Understanding EPAs New RRP Rule (JPM)

Understanding EPAs New Renovation Repair and Painting Rule

Now is the Time to Prepare for Compliance (by Jack Anderson)

The following is an excerpt from the Jul/Aug 2009 issue (Volume 74, Number 4) of JPM�, Journal of Property Management.

In April 2008, the U.S. Environmental Protection Agency (EPA) published its Renovation, Repair and Painting rule in the Federal Register. This law, which becomes fully effective on April 22, 2010, will create new regulatory requirements for renovations that professional residential real estate managers and residential rental property owners must comply with. In the first year, EPA estimates that approximately 8.4 million renovation events will be impacted by the rule's requirements.

With less than one year remaining before the rule becomes enforceable, now is the time to gather information, assess your responsibilities and prepare to meet the requirements.

Basics of the Rule

The rule will affect paid renovators who work in pre-1978 housing and child-occupied facilities. Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. They are generally triggered when paint that hasn't been certified lead-free, is disturbed by any renovation, repair or painting project. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room, or where less than 20 square feet of lead-based paint is disturbed on the exterior.

Renovation, repair and painting projects that will only disturb surfaces and building components that have been tested and found to be free of lead-based paint are excluded from the rule.

Owners and occupants of target housing and child-occupied facilities must obtain information on lead-based paint hazards before projects can begin. Certain lead-safe work practice standards must be met during the work and a "cleaning verification" must be performed by EPA certified renovators before the work area can be reoccupied.

Certification

Beginning on October 22, 2009, any firms that renovate, repair or paint target housing or child occupied facilities must submit an application, including a proposed $300 fee to EPA in order to become a Certified Renovation Firm. Certification is good for five years and requires firms to:

• Fully comply with applicable rule requirements.
• Ensure that all personnel are either Certified Renovators or have received on-the-job training from a Certified Renovator.
• Meet pre-renovation education requirements before the renovation, repair or painting project begins.
• Assign at least one Certified Renovator to each renovation, repair and painting project.
• Ensure that contractors and subcontractors working on renovation, repair and painting projects are also Certified Renovation Firms meeting the same requirements.
• Ensure that lead-safe work practice standards and "cleaning verification" are followed on each renovation, repair and painting project.
• Meet recordkeeping requirements, including maintaining renovation, repair and painting project records for at least three years.

Individuals who work for certified renovation firms must be properly trained and EPA certified as renovators, or be trained and supervised on the job by certified renovators. These newly trained and designated renovators will need to be assigned to each regulated renovation, repair and painting project. Once trained and certified, individuals will be required to take and pass a four-hour Certified Renovator Refresher course every five years.

EPA conservatively estimates that 210,000 organizations will apply to become Certified Renovation Firms and EPA-accredited training providers will train 235,000 individuals as Certified Renovators within the first year that the rule is in effect.

The full article is available as an online exclusive in the Jul/Aug 2009 JPM� issue.

IREM Members have free access to the JPM� online archives and the "Online Exclusives", articles that are only available on the IREM Website. Non-members can subscribe to JPM� at www.irem.org/jpm