Beginning April 22, 2010, owners and property managers of housing or child-occupied buildings containing lead-based surface coatings (paint, stain, varnish, shellac, polyurethane, epoxy, sealers, etc.) are required to ensure that contractors, developers, subcontractors and their employees working on said housing or child-occupied buildings are certified and acting in compliance with the new lead rules. Violators may face penalties exceeding $30,000 per day, per incident.
The Lead-Based Paint Renovation, Repair and Painting Program
A new rule issued by the Environmental Protection Agency (“EPA”), which addresses renovation, repairing and painting lead-based surface coatings in buildings constructed before 1978, takes effect on April 22, 2010 ("RRP Rule"). Persons that work on housing or child-occupied buildings must be EPA-certified and follow specific work practices. This applies to contractors, subcontractors, developers,specialty trade contractors (i.e., carpenters, roofers, painters, remodelers, renovators, HVAC persons, electricians, plumbers, carpet installers, drywall installers, tile and terrazzo contractors, etc.) and employees. Owners, property managers, and their employees are responsible for ensuring compliance with the RRP Rule. Homeowners working on their single family residence are exempt.
RRP Rule Requirements
In general, EPA-certified contractors disturbing more than six square feet of a lead-based surface must comply with the following:
- Wear protective clothing and equipment
- Enclose/contain work area to prevent release of dust and debris
- Proper handling, storage and disposal of debris
- Proper clean-up and surface testing for contaminants
- Proper record keeping
Failure to Comply
EPA uses a variety of methods to determine whether business are complying, including inspecting work sites, reviewing records and reports, and responding to citizen tips and complaints. As a result, EPA may file an enforcement action against violators seeking penalties of up to $32,500 per violation, per day.
For More Information
To learn more about how to comply with RRP (that include pre-renovation education requirements, as well as certification with the EPA), please click here.
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