Where Real Estate Investors & Landlords Go for Success

    What is the RRP Rule?

    in Lead-Based Paint

    As of April 22, 2010 the EPA Renovate, Repair & Painting (RRP) rule requires any property manager, landlord, or contractor (general contractor, painter, plumber, carpenter, electrician, etc.) to use lead-safe work practices when working on their rental units, if the unit was built prior to 1978. (See other exemptions below.) Not only do they have to use lead-safe work practices, they must be trained and certified to do so—even to do work on their own properties.

    All property managers, landlords, and contractors are encouraged to become certified renovators—BEFORE they work on their properties. Until then, they should use a contractor that is RRP certified. (Another landlord that is certified and has obtained “firm” certification can also do the work.) To become an EPA RRP certified renovator you must attend an 8-hour course. The RPOA provides this course at a low cost to its members. Check the RPOA event calendar for a list of the upcoming courses. Be aware that, because of regulations, class size is very limited—so, register as soon as possible. Once completing the class, landlords must also obtain “firm” certification from the EPA which cost $300.

    As a renovator you are responsible for:

     

    • performing work and direct lead-safe work practices.
    • providing on-the-job training to non-certified workers.
    • keeping a copy of the initial and/or refresher training certificates onsite.
    • using EPA-recognized test kits to identify lead-based paint.
    • being physically present while posting signs, containing work areas, and cleaning work areas.
    • being available by telephone when off-site.
    • maintaining the containment to keep dust and debris within the work area.
    • implementing the cleaning verification procedure.
    • preparing and maintaining required records.

     
    You can also call 1-800-701-7762 to register for the class. The class is also open to non-members.

    Exemptions to the RRP Rule:

     
    (1) A residential property for which construction was completed on or after January 1, 1978, or, in the case of jurisdictions which banned the sale or residential use of lead-containing paint prior to 1978, an earlier date as HUD may designate (see §35.160).

    (2) A zero-bedroom dwelling unit, including a single room occupancy (SRO) dwelling unit.

    (3) Housing for the elderly, or a residential property designated exclusively for persons with disabilities; except this exemption shall not apply if a child less than age 6 resides or is expected to reside in the dwelling unit (see definitions of “housing for the elderly” and “expected to reside” in §35.110).

    (4) Residential property found not to have lead-based paint by a lead-based paint inspection conducted in accordance with §35.1320(a) (for more information regarding inspection procedures consult the 1997 edition of Chapter 7 of the HUD Guidelines). Results of additional test(s) by a certified lead-based paint inspector may be used to confirm or refute a prior finding.

    (5) Residential property in which all lead-based paint has been identified, removed, and clearance has been achieved in accordance with 40 CFR 745.227(b)(e) before September 15, 2000, or in accordance with §§35.1320, 35.1325 and 35.1340 on or after September 15, 2000. This exemption does not apply to residential property where enclosure or encapsulation has been used as a method of abatement.

    (6) An unoccupied dwelling unit or residential property that is to be demolished, provided the dwelling unit or property will remain unoccupied until demolition.

    (7) A property or part of a property that is not used and will not be used for human residential habitation, except that spaces such as entryways, hallways, corridors, passageways or stairways serving both residential and nonresidential uses in a mixed-use property shall not be exempt.

    (8) Any rehabilitation that does not disturb a painted surface.

    (9) For emergency actions immediately necessary to safeguard against imminent danger to human life, health or safety, or to protect property from further structural damage (such as when a property has been damaged by a natural disaster, fire, or structural collapse), occupants shall be protected from exposure to lead in dust and debris generated by such emergency actions to the extent practicable, and the requirements of subparts B through R of this part shall not apply. This exemption applies only to repairs necessary to respond to the emergency. The requirements of subparts B through R of this part shall apply to any work undertaken subsequent to, or above and beyond, such emergency actions.

    (10) If a Federal law enforcement agency has seized a residential property and owns the property for less than 270 days, §§35.210 and 35.215 shall not apply to the property.

    (11) The requirements of subpart K of this part do not apply if the assistance being provided is emergency rental assistance or foreclosure prevention assistance, provided that this exemption shall expire for a dwelling unit no later than 100 days after the initial payment or assistance.

    (12) Performance of an evaluation or lead-based paint hazard reduction or lead-based paint abatement on an exterior painted surface as required under this part may be delayed for a reasonable time during a period when weather conditions are unsuitable for conventional construction activities.

    (13) Where abatement of lead-based paint hazards or lead-based paint is required by this part and the property is listed or has been determined to be eligible for listing in the National Register of Historic Places or contributing to a National Register Historic District, the designated party may, if requested by the State Historic Preservation Office, conduct interim controls in accordance with §35.1330 instead of abatement. If interim controls are conducted, ongoing lead-based paint maintenance and reevaluation shall be conducted as required by the applicable subpart of this part in accordance with §35.1355.

    If you never do the actual work on your own rental properties and use contractors instead, you do not need to become certified—but the contractors doing the work must be certified. Keep in mind that you might be at risk from a liability standpoint if you choose to do emergency work without certification.

    Click here for more information on the RRP rule.

    Disclosure: This Knowledge Base article is accurate as of the last update. Laws and policies are subject to change. If you have any questions, please call the office at (616) 454-3385 or email contactrpoa@rpoaonline.org