By Neil Schechter and Michael Powell
A number of owners and contractors who renovate multi-family housing have received notices from the Environmental Protection Agency (EPA) indicating that the EPA in cooperative agreement with Senior Services of America, Inc. (designated by the EPA Administrator) will be conducting inspections of their properties and records under Section 409 of the Toxic Substances Control Act (TSCA). These inspections are directed at compliance with Section 402(c) of the TSCA, the Renovation, Repair and Painting Rule (RRPR) which became effective a little over a year ago.
After April 22, 2010, rental property owners who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing or space rented by child-care facilities must provide tenants with a copy of EPA's lead hazard information pamphlet prior to commencing work: "Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools". Property owners and contractors who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. EPA's sample Pre-Renovation Disclosure Form may be used for this purpose.
RRPR applies to all renovation, repair or painting activities, other than for very minor maintenance or repair activities that disturb less than six square feet of lead-based paint in a room, or less then 20 square feet of lead-based paint on the exterior of a building. All records relating to covered disturbances must be retained for 3 years.
Neil Schechter and Michael Powell are with the Baltimore firm of Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC.