Sj Reia 09202011 Presentation

Lead Paint Awareness For Property Managers Investors And Realtors®


EPA RRP Awareness Presentation for Investors, Realtors, Buyers and Sellers

Transcript of Sj Reia 09202011 Presentation

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Lead Paint AwarenessFor

Property ManagersInvestors

And Realtors®

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What Does RRP Stand For?

• RRP is the Renovation, Repair and Painting Rule established by the EPA as 40 CFR Part 745 with a subpart of the Toxic Substance Control Act sections 402 and 406 and applies to all renovations performed for compensation in target housing and child-occupied facilities. • NOTE: RENT IS COMPENSATION under

this RULE!!!

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The PURPOSE of this subpart (TSCA 402 & 406 of 1976) is to ensure the

following:• Owners and occupants of target housing and

child-occupied facilities receive information on lead-based paint hazards before these renovations begin; and

• Individuals performing renovations regulated in accordance with 40 CFR Part §745.82 are properly trained: renovators and firms performing these renovations are certified;

• And the work practices in 40 CFR Part§745.85 are followed during these renovations.

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What’s the Reason For the Rule?• Lead Poisoning is the countries #1 environmental

hazard affecting about 250,000 children a year.• We know in Maine 60% of childhood poisoning was

triggered by a renovation activity.• Oregon reports at least 50% of childhood poisoning

was directly attributed to renovations.• Lead DUST is the issue!• Lead POISONING is REAL and the effects are forever in

the majority of all cases.• Executive Order 12898, entitled Federal Actions to

Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice.

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What Is Lead-Based Paint?

• Federal standards define lead-based paint as:– Any paint or surface coatings that contains lead equal to or

in excess of 1.0 milligram per square centimeter or more than 0.5 percent by weight. – Some states and localities regulate paint with lower

concentrations of lead.– It is the primary source of lead-contaminated dust in

housing.• Why was lead used in paint?– Lead was added for color and durability.

• Lead-based paint was banned in 1978.

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How Do You Know If You Have It?4 Primary Ways to Determine the Presence of

Lead in Your Structure1.DIY – You can go purchase a Lead Test Kit

from paint stores or the Big Box outlets and perform the test yourself. You must follow the direction exactly AND use ONLY AN EPA Approved Certified Kit.1. Lead Check Swaps®2. D-Lead® Test Kit.

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4 Primary Ways to Determine the Presence of Lead in Your Structure

2. Hire a Lead Inspector who will perform a surface by surface investigation to determine whether there is lead paint present. It will involve a Report of the affected areas, who performed the test, what test methods and equipment was used and who performed it and when.

• NOTE: This report becomes a PERMANENT RECORD of the property and must be Disclosed at the time of sale or lease.

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4 Primary Ways to Determine the Presence of Lead in Your Structure

3. Hire a Lead Risk Assessor who will perform the same services as a Lead Inspector but also has the ability to write the remediation plan.

Note: In NJ Lead Inspectors and Lead Risk Assessors are one in the same.

4. A Certified Renovator may use either test kit that the DIY’er can but must document all of the results and present them to the property owner within 30 days of completion of the work.

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Cautions & Warnings• Contracts must be squared away and reviewed

annually by an attorney who understands RRP and OSHA if you are going to perform work on your own!

• NEVER, NEVER, NEVER Personally TEST! Your check books are not that big.

• Always hire a professional Lead Inspector or Lead Risk Assessor with the proper insurances, education and experience.

• As Property Managers and Realtors® you may ONLY HIRE Certified Firms (contracting companies) using Certified Renovators (certified contractors who have completed the training, passed the test and are approved by either the EPA or the Approved State).

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Required Information

• You should all be familiar with the “Protect Your Family From Lead In Your Home” pamphlet.

FEDERAL LAW requires that individuals receive certain information before renting, buying or renovating Pre-1978 housing:

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Required Information• LANDLORDS have to disclose known information

on lead-based paint and lead-based hazards before leases take effect. Leases must include a disclosure about lead-based paint.

• SELLERS have to disclose known information on lead-based paint and lead-based hazards before selling a house. Sales contracts must include a disclosure about lead-based paint. Buyers have up to 10 days to check for lead.

• Renovators disturbing more than 6 square feet per room of painted surfaces have to give the pamphlet BEFORE starting the work. Note: 2 square feet for HUD housing per room. Both EPA/HUD = 20 square feet for exterior surfaces.

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Required Information• Additionally if you or a contractor you choose is

performing work on a Pre-1978 Structure that is deemed targeted housing you must deliver and get a signature or insure you retain proof of mailing of the “RENOVATE RIGHT” pamphlet from the owner or tenant.

• If you have remaining stocks of the April 2010 version of the Renovate Right brochure, use this insert to replace page 10 of that document.

Dated July 2011Original Effective Date June 1999

Page 10 Replacement Page

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What is “Targeted” Housing?

• Any residential unit constructed before 1978, except dwellings that do not contain bedrooms or dwellings that were developed specifically for the elderly or persons with disabilities—unless a child younger than 6 resides or is expected to reside in the dwelling. In the case of jurisdictions that banned the sale or use of lead-based paint before 1978, the Secretary of HUD may designate an earlier date for defining target housing.

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Targeted Housing

• Pre-1978 = December 31, 1977 to BC (Before Christ)

• Zero Bedrooms, Efficiencies, Dorms & Barracks are EXCLUDED as well as Nursing Homes.

• Child-Occupied or Expected to Reside means– 3 Hours a Day– 6 Hours a Week– 60 Hours a Year

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What Triggers The Rule?

• Renovation, Repair and Painting Activities that “Disturb” more than 6 Square Feet per room of a painted surface for EPA Standards (interior).

• 2 Square Feet per room of a painted surface for HUD Standards (interior).

• 20 Square Feet TOTAL of an Exterior of a structure for BOTH EPA and HUD.

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Activities That Trigger

• Weatherization • Window Replacement (ALWAYS)• Demolition (ALWAYS)

PROHIBITED PRACTICESThe following work practices are prohibited

from being performed in the course of any renovation, repair or painting project:

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Prohibited Practices

• Open-flame burning or torching.

• Heat gun above 1100º F.• Power sanding, power

grinding, power planing, needle guns, abrasive blasting and sandblasting, without HEPA-Filtered capture attachments.

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HEPA & Some Attachments(High Efficiency Particulate Air)

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How Does The RRP Rule Affect Property Managers?

• If Property Managers do the work themselves, they MUST be Certified Firms using Certified Renovators. (The PM can be BOTH CF & CR)

• If the PM does NOT do the work themselves, they MUST hire ONLY CF using CR that have Trained the work force, Supervise the Containment of the work area, Posting of Signs and keeps all the Records.

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Signs, Signs, Everywhere Are Signs Blocking Out the Scenery and Changing My Mind!

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What If The Tenant Does the Work Themselves?

• If the tenant/occupant does the work on their own then they DO NOT need to follow the work safe practices OR be certified.

• If YOU as the property manager reduce their rent, thus COMPENSATING them then they MUST be a Certified Firm using a Certified Renovator.

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What About Painting Over Intact Paint?

• If you do not disturb more than 6 square feet per room of a painted surface on an EPA project or 2 square feet per room on a HUD project (these are know as “Minor Repair or Maintenance” work) then the Rule DOES NOT APPLY.

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What LSWP?

• LSWP stands for Lead Safe Work Practices and is found in 40 CFR §745.85 in your book.– Occupant Protection

• Posting of Signs• In the occupants language• In accordance with 24 CFR 35.1345 (b)(2) or 29 CFR

1936.62(m)– Containing the Work Area

• Interior Renovations– Containment = PLASTIC

• Exterior Renovations– New Wrinkle recently published “Vertical Containment” may be

required within 10’ of a property line.

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LSWP Continued

• Prohibited Practices• Waste Removal– RCRA states it is treated as “Normal Household

Waste”. *Caution on this one!– RCRA = Resource Conservation and Recovery Act

(RCRA) of 1976.– Always check with State and Local Officials before

you just assume. Each Township, Boro, Municipality or Entity is Different.

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LSWP Continued

• Cleaning the Work Area– Interior• Must be free from ALL dust and debris• Clean Frequently at least daily using wet methods and

HEPA filtered vacuum systems.

– Exterior• Plastic may not be left out overnight• All visible paint chips and dust must be removed

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What is the White Glove Test?

• It is part of the LSWP and is the final cleaning by a contractor.

• The final “Cleaning Verification” can only be completed and documented by a “Certified Renovator”.

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Cleaning Verification• Final Cleaning Verification is only completed after

the crew has completed the demo and cleaned up or the work is completed in total and is performed by the CR using Wet Wipes and the Cleaning Verification Card on the previous slide.

• It provides the tenant/occupant/owner the assurance that the contractor has done his best.

• The CF must deliver to you the “Record Keeping Checklist” within 30 days of completion of the work.

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Clearance Testing• Clearance Testing is performed on ALL HUD

PROJECTS by Lead Risk Assessors, Lead Inspectors or Dust Wipe Sampling Technicians.

• It is MANDATORY and is the Property Owners responsibility to insure it is completed.

• Clearance Testing is a laboratory or approved objective, quantifiable method to accurately assess the presence of lead remaining in the work area after work is completed.

• Requires additional training, certification and experience to perform these test.

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Record Keeping

• This is the BIGGEST area where the EPA will collect the most.

• The vast majority of PM’s and Contractors record keeping is poor or non-existent.

• Most simply lack a systematic method.• Realtors® frankly are pretty good about it due

to the legal requirements of their licensing.

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Enforcement and Fines EPA may suspend, revoke, or modify a firm’s

certification if the Certified Firm or Certified Renovator is found to be in non-compliance.

Those firms found to be non-compliant may be liable for civil penalties of up to $37,500 for each violation.

Those firms who knowingly or willfully violate this regulation may be subject to fines of up to an additional $37,500 per violation, or imprisonment, or both.

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Is It Possible To Avoid The Rule?

• Post 1978 meaning January 1, 1978 to ∞ YES

• 0 Bedroom, Efficiency, Dorms and Barracks YES

• Testing Completed By a Professional Lead Inspector, Lead Assessor, Dust Wipe Sampling Technician with NEGATIVE RESULTS YES

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What Should Realtors® Do?

• Fortunately most are up to speed thanks to Continuing Education required of their licensing.

• Educate Clients• Insure the Mandatory Disclosures are

completed• Insure the contractors you recommend are

Certified Firms using Certified Renovators

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New Jersey Special 1 Hour Requirement

• Information for Tenants on Regulations for Lead-Safe Maintenance

• The Department of Community Affairs requires that multi-family housing be maintained in a lead-safe manner. The regulations for the maintenance of multiple dwellings (N.J.A.C. 5:10) are designed to better protect you and your family from possible lead-based paint hazards in your home. If you would like to view a copy of the rules, you may go to and click on “View the… Newly Adopted Regulations for Lead-Safe Maintenance.” You may also call the Lead Safety Unit within the Bureau of Code Services at (609) 633-6224 to obtain a copy of the rules.

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When is Lead-Based Paint a Hazard?

• Intact lead-based paint is not a hazard in and of itself. However, if the paint is chipping or peeling or becoming ground into dust, it is a potential hazard, especially to children under the age of six and pregnant women because lead can do the most damage to children in key developmental stages. If you notice excessive chipping or peeling paint in your home, report it to your landlord immediately. Your landlord is required to respond to your concern within thirty days. If you have a child under the age of six in your home or if a pregnant woman lives there, the landlord must correct the problem within one week.

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Will All Rental Properties be Subject to The Regulations?

• Many properties will qualify for exemption. The regulations will NOT apply to:

• 1. Buildings, dwelling units, or common areas that have been certified to be Lead-Free in accordance with N.J.A.C. 5:17; or

• 2. A building or dwelling unit that has been certified as having a Lead-Free Interior in accordance with N.J.A.C. 5:17. Lead-Free Interior does not exempt the entire building; only the dwelling units or common areas identified on the certificate as lead free are exempt.

• 3. A seasonal rental unit that is rented for less than six months’ duration each year; or

• 4. An owner-occupied unit.

• For information on any certification issued for your building, ask your landlord.

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How Should My Landlord Protect Me?

• Maintenance activities have the potential to generate lead dust if not done properly. Lead-safe work practices must be used. Lead-safe work practices are precautions taken to minimize the creation of dust and to prevent the spread of it when performing work that disturbs a painted surface. This includes preparing the work area to prevent the spread of lead dust to tenants. After the work is completed, the area should be cleaned thoroughly so that no lead hazards are left behind.

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What if the Work Takes More Than One Day to Complete?

• In some cases, a job will not be finished in one day. If this happens, the work area should be cleaned or blocked off at the end of each work day. Do NOT enter a work area that has been left unfinished. If the work area cannot be blocked off or if sufficient protection from the spread of lead dust cannot be established, relocation should occur before the work begins.

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What Precautions Can I Take to Prevent Lead Poisoning?

• You can protect yourself and your family simply by keeping your home clean and free of lead dust. Be sure to thoroughly clean any area where dust has collected and to wipe up any dust tracked in from outside. By performing basic housekeeping, you can help prevent the spread of lead dust in your home. Also, report deteriorated paint to your landlord so that any problems are corrected promptly.

• If your landlord fails to respond to your requests to correct deteriorated paint, contact the Department of Community Affairs, Bureau of Housing Inspection at (609) 633-6219.

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Regulations under DevelopmentPublic and Commercial Buildings. This Advance Notice of Proposed Rulemaking announces EPA's intention to regulate renovations on the exteriors of public and commercial buildings.Buildings and Structures Training and Certification (TSCA section 402): Seeks to establish training, certification, and work practice standards for individuals and firms conducting lead-based paint activities in public buildings (except child-occupied facilities), commercial buildings, and steel structures.TSCA and RCRA Proposed Rulemakings for Lead-Based Paint Debris Disposal: Seeks to establish new standards for the management and disposal of lead-based paint (LBP) debris generated by individuals or firms.

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Q & ALet me have both

barrels if you’re going to shoot!

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Thank You For Your Time

Primary InstructorMark W. Kinsey

CRA, CRIS, CPIA, CMT, CR(215) 669-6853

[email protected] or [email protected]