The Environmental Protection Agency’s (EPA) Lead-Based Paint Renovation, Repair and Painting Rule (Rule) took effect April 22, 2010. Due to challenges to the new Rule, the EPA made changes to the Rule. Changes take effect July 6, 2010.
lead based paint
Lead Based Paint Renovation, Repair, and Painting Program
Owners who can certify that their home is not occupied by children under 6 or pregnant women may opt to allow the contractor to conduct repairs that are NOT in compliance with the Program. Repairs to rental properties MUST be done in compliance with the Program. The specific question to the Legal Hotline was in regard to vacant properties that were not rentals and not owner-occupied. ‘œDid the contractor have to follow Program requirements? Could the owner do his own repairs?’ EPA has advised that the ‘œhomeowner’ exception cannot be applied as a general exception for properties that are vacant or not intended to be used as rentals. They apply literally the language of the regulation that provides that exception to apply to renovations that will occur ‘œin the owner’s residence.’ Consequently, repairs done to property that is vacant (not owner occupied) would have to be done in compliance with the Program. NOTE: EPA will be publishing an amendment to eliminate the owner ‘œopt out.’ EPA has indicated that they anticipate that will become effective July 6. (RANM’s™ Legal Hotline)
