New rules about lead based paint every landlord who owns buildings built before 1978 should know.

Effective April 2010, landlords and contractors have some new Federal requirements when working on properties that were built before 1978.  The Renovation, Repair and Painting Rule (RRP) goes into affect in April of this year.  The rule imposes requirement on all contractors that work in building built prior to 1978 to become Lead Certified Renovators by taking a one day course on working in these types of buildings.  California has similar and even more stringent rules in place already, but with the Federal RRF Rule going into effect it is likely that we will see increased enforcement of the rules as the enforcement seems to be well funded.

Aside from the fact that the enforcement will be more tightly monitored, landlords need to be aware of this law because failing to follow the RRP rule can create a tremendous amount of liability.  Landlords I know and work with are good people and care about the well being of their tenants and do not need the threat of lawsuits or fines to do the right thing when dealing with a hazardous materials.  That said people do make mistakes because they are not aware of the potential dangers or the requirements when dealing with hazardous materials.  We are all aware of the dangers of lead poisoning but there are many misconceptions about how lead poisoning occurs.   It is widely believed that most poisoning occurs when somebody ingests paint chips but the fact is that most lead poisoning occurs from lead-contaminated dust.  This can occur from repetitive opening and closing of windows and doors or improper handling of a job site wherein lead based paint is disturbed.   When contractors do not properly handle the work areas when disturbing areas that contain lead based paint, harmful dust particles can be released into the air.  People breathing in that dust can suffer severe health problems.  Children and pregnant women are especially susceptible to the harmful effects of lead poisoning and the effects of lead poisoning are irreversible.

A brief summary of the Rule is found below.  For more details about lead based paint rules visit the sites listed at the end of this article.  

1.  The RRP applies to all target housing where more than 6 square feet in a room or 20 square feet outside is being disturbed.

• “Target housing” means “any housing constructed prior to 1978,” except any “0-bedroom dwelling,” and housing for the elderly or disabled (unless a child younger than six years old resides, or is expected to reside, there)

2. This applies to literally millions of jobs done each year.  It does not only apply to painting but includes, window replacement, repairing doors and walls, electrical work, heating and air-conditioning, demolition, plumbing and many other jobs.  The bottom line is when most work is being done in a pre-1978 building you should assume there is lead paint involved and take the necessary precautions to comply with the RRP Rules and the more stringent rules imposed by the State of California.

3, Contractors performing the work must distribute a pamphlet entitled 'Renovate Right" and obtain a signed receipt from the occupants before starting work.

4. One RRP Certified Renovator must be at each job site.  They do so by taking a class.

5.  In addition to individual certification each firm doing work must be Certified.  They do so by filing the proper forms and paying the fees which run around $300.  April 2, 2010 is the deadline and after that date firms may not perform work without this certification.

6.  Lead Safe Work Practices must be followed.  The checklist found at this site explains those safe work practices.  California requires Lead Safe Work Practices in all instances whereas the Federal rules apply only to "Target Housing".

http://www.deh.enr.state.nc.us/ehs/children_health/Lead/10-07LeadSafeWorkPracticeChecklist.pdf 

7.   Contractor must perform a cleaning verification upon completion of the job.  This is referred to as the dust wipe clearance.  This is a controversial step because the reliability of such test is questionable.  Nevertheless the step is required.  A study on this clearance test can be found at

 http://www.sanama.hr/Administration/_Upload/Documents/0506_DustwipeApp.pdf

Some additional information about the RRP rule and handling lead based paint can be found by clicking on the link below.

http://www.healthyhomestraining.org/LSWP/NCHH_Federal_LBP_Benchbook_1-23-09.pdf

There are some serious penalties that will be imposed on firms that violate the RRP Rules.  The civil fine is $32,500 per offense and an additional criminal penalty of $32,500 if they are knowingly violating the RRP Rule and could face jail time.  The link below gives you a little more information about the potential penalties and the RRP rule.


http://www.agc-oregon.org/public/resource_center/lead_AMEC_1.pdf