Several of my rental properties have been damaged from recent weather events and will require renovation. Should I be concerned about possible lead paint law requirements before repair and painting begins?
Housing built before 1978 is likely to contain lead-based paint. Common renovation activities such as sanding, cutting and demolition, when performed in structures that contain lead-based paint, can create lead-based paint hazards, including lead-contaminated dust which is harmful to adults and children. To protect against this risk and minimize exposure to lead-based paint hazards, the Environmental Protection Agency (EPA) issued the Lead Renovation, Repair and Painting Rule (RPP).
Under the RPP rule, contractors performing renovation, repair and painting projects that disturb painted surfaces in homes and child-occupied facilities (including child care centers and schools), built before 1978, must, among other things, be certified and follow lead-safe work practices.
Natural disasters can result in significant damage to buildings that require immediate renovations and repairs in order to avoid safety and public health hazards and significant additional property damage. These activities are likely to qualify for the emergency provision of the RRP Rule, thereby exempting firms from certain lead-safe work practices and other requirements.
Under the emergency provision of the RRP Rule, contractors performing activities that are immediately necessary to protect personal property and public health need not be RRP trained or certified and are exempt from the following RRP Rule requirements of: information distribution, posting warning signs at the renovation site, and containment of dust and waste handling. Firms are not exempt from the RRP Rule’s requirements related to cleaning, cleaning verification and recordkeeping. The exemption applies only to the extent necessary to respond to the emergency. Once the portion of the renovation that addresses the source of the emergency is completed, the remaining renovation activities needed to return the renovation work area to its pre-emergency condition are subject to all requirements of the RRP Rule.