New EPA Rule Could Affect Landlords
On April 22, 2010 a new Environmental Protection Agency (EPA) rule went into effect that could potentially affect 
landlords who own or manage properties built before 1978. Below is a quick summary of the new rule:
1. Certification and Training Requirements
Beginning in April 2010, firms working in homes built before 1978 are required to be certified. Certification requires the submittal of this application including a fee of $300 to the EPA. Along with firm certification, an employee of the firm will be required to be certified as a Certified Renovator. The certified employee will be responsible for ensuring that other employees adhere to guidelines for lead-safe work practices and cleaning. The training consists of an eight-hour class with two hours of pratical training. An EPA approved training facility can be found here.
Once work starts on an affected building (built before 1978), the Certified Renovator must post warning signs outside the work area and supervise setting up containment measures to prevent spreading dust. Refer to the official EPA rules for specific containment procedures for both interior and exterior projects. Certain work practices are forbidden including open flame or torch burning, use of a heat gun that exceeds 1100°F, and high-speed sanding and grinding unless the tool is equipped with a HEPA exhaust filter. Upon job completion, the rules specify cleaning and debris disposal procedures which must be supervised by a certified renovator.
3. Record Keeping and Verification
The rule specified certain verification procedures which must be verified by the certified renovator. A complete project record must be kept on file by the certified renovator for three years. These records must include: verification of occupant receipt of the EPA’s Renovate Right pamphlet, documentation of lead remediation procedures, EPA Certified Renovator certification, and proof of worker training. Remodeling firms also are required to share a copy of their records with the customer within 30 days of completing of the remodeling job.
Important to note is that the above requirements are considered optional under the following conditions:
- The renovated building was built after 1978.
- The repairs are minor meaning that interior renovations disturb less than six square feet or exteriors that disturb less than 20 square feet by area.
- If the house or work area on the building test lead free by a Certified Risk Assessor, Lead Inspector or Certified Renovator
In Florida, landlords are required by law to deliver to tenants the EPA’s pamphelet entitled Protect Your Family From Lead In Your Home. In my opinion this new rule will further protect tenants (and owners occupants) from the many dangers of lead-based paint.
