Earlier this year, the United States Environmental Protection Agency (“EPA”) Region 01 notified the public about an initiative to increase compliance with federal lead paint regulations in New Hampshire in an effort to prevent childhood lead poisoning.
If you own rental property constructed before 1978 you must presume that the property contains harmful lead-based paint (“LBP”) and you must comply with federal, State, and local lead laws, including the EPA’s Lead Disclosure Rule. Additionally, if you are planning maintenance, repair, or construction work in a pre-1978 residential building, you are required to comply the Lead Renovation, Repair and Painting (“RRP”) Rule.
Lead Disclosure Rule
Landlords of pre-1978 housing must disclose to prospective tenants that the property may contain LBP by supplying tenants with an EPA-approved pamphlet, “Protect Your Family from Lead in Your Home,” which informs tenants about LBP hazards, its health risks, and methods for reducing exposure. The Lead Disclosure Rule extends to lease renewals. Landlords must provide tenants with this notice again if they renew their lease, ensuring ongoing awareness of the presence of lead-based paint.
RRP Rule
The RRP Rule is an EPA regulation that requires renovation or repair activities performed in pre-1978 residential housing to be conducted by professionals who are trained to use lead-safe work practices. The RRP Rule applies if the work disturbs more than two square feet of interior painted surfaces, or twenty square feet of exterior painted surfaces.
RRP work should not be confused with the work of lead inspectors, risk assessors, or abatement contractors, all of which are governed by separate rules and regulations. RRP only encompasses work that incidentally impacts surfaces that may contain LBP.
Licensure
RRP work must only be performed by certified firms, using certified renovators. As a landlord, you may seek your own RRP Firm Certification, and you may employ licensed renovators, who have passed an EPA accredited RRP training course, to perform work on your rental properties.
To obtain firm licensure, you can apply directly on EPA’s website, and pay the associated application fees. To obtain renovator licensure, the renovator will need to take an EPA accredited RRP training course and demonstrate proficiency with the material covered in the course.
It is important to be mindful of license expiration dates. To stay in compliance with federal law, ensure that any firm or renovator performing work at your property is re-certified every five years.
Work Practices for Renovators
Certified renovators must comply with legal requirements when performing RRP work, including (1) educating tenants before RRP work begins, (2) using lead-safe work practices, and (3) performing post-work and post-cleaning verifications. Before starting renovation work, landlords must provide tenants with EPA’s “Renovate Right” pamphlet, and document compliance with this requirement.
Renovators must also ensure that when work begins, they utilize lead-safe work practices, including:
- posting proper signage at the work site;
- containing the work area to prevent lead dust and debris from spreading;
- covering air ducts, flooring, windows, doors, and objects such as furniture, in the work area;
- ensuring LBP waste from renovation activities is properly contained at the work site, and disposing of any painted debris in compliance with federal and State laws; and
- cleaning the work area after work is complete, using specialized techniques and equipment, such as HEPA vacuums.
Finally, Renovators are responsible for personally performing EPA’s post-cleaning verification procedures, to ensure that no harmful LBP dust or debris remains in the work area. Renovators should create detailed records of their compliance with all RRP work practices.
Recordkeeping
Certified RRP Firms, are required to keep all records necessary to demonstrate compliance with RRP rules for a period of three years after each renovation. Records include copies of renovator course completion certificates, documentation of results of using EPA’s LBP test kits, documentation of compliance with pre-work education requirements, records indicating that the renovation adhered to work practices, among others.
Inspection Authority
EPA possesses broad authority to inspect residential properties, issue subpoenas, and enforce compliance. State lead inspectors have authority to investigate cases and issue warrants, enforcement orders, and fines related to lead poisoning in children. The State may also conduct inspections at properties if there is reason to believe that a lead hazard for a child exists (e.g., lead base substances that are peeling, chipping, cracking).
In the event of any federal, State or local enforcement inspection requests, notices of violations, enforcement orders, and/or administrative fines it is advisable to engage legal counsel to assist you with navigating the process efficiently and effectively.