In September 2011 EPA issued the "Small Entity Compliance Guide to Renovate Right" which serves as a handbook for property managers and maintenance personnel.
The definition of Target Housing is any housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 yr of age resides or is expected to reside in such housing) or any zero-bedroom dwelling.
The definition of Child Occupied Facility is a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day's visit lasts at least 3 hours and the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day care centers, preschools and kindergarten classrooms. Child-occupied facilities may be located in target housing or in public or commercial buildings. With respect to common areas in public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included. In addition, with respect to exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility encompasses only the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.
Summary of Federal Requirements
Notification of the Presence of LBP
If a federal facility is providing housing to it employees, and the housing meets the following definition 'housing constructed prior to 1978, except housing for the elderly or persons with disabilities (unless any child who is less than 6 yr of age resides or is expected to reside in such housing) or any zero-bedroom dwelling," the facility must provide notification to the housing occupants about the presence of any known LBP and/or LBP hazards. This is NOT a requirement to test if the facility is unaware whether or not there is LBP.
The notification is required to be given prior to signature on a lease and contain the following:
In addition to the notification, the lease contract is required to include an attachment with the following:
- a copy of a USEPA approved lead hazard information pamphlet
- the presence of any known LBP and/or LBP hazards in the target housing being leased
- any additional information available concerning the known LBP and/or LBP hazards such as the basis for determination that LBP or LBP hazards exist, the location of the LBP or LBP hazards, and the condition of the painted surfaces
- copies of records or reports available pertaining to LBP or LBP hazards in the target housing, including reports regarding common areas
- records or reports regarding other residential dwelling in multifamily target housing if the information is a part of an evaluation or reduction of LBP and/or LBP hazard in the target housing as a whole.
Disclosure is also required if selling the property and notifications are required when renovating a leased property.
- a lead warning statement (appropriate language can be found in 40 CFR 745.113)
- a statement by the lessor disclosing the presence of known LBP or LBP hazards in the target housing, or a statement indicating no knowledge of the presence of LBP and/or LBP hazards
- any additional information available concerning the known LBP and/or LBP hazards such as the basis for determination that LBP or LBP hazards exist, the location of the LBP or LBP hazards and the condition of the painted surfaces
- a list of records/reports available to the lessor pertaining to the LBP and/ LBP hazards that have been provided to the purchaser
- a statement by the lessee indicating the above items have been received
- signatures of lessees, agents, lessors certifying the accuracy of the statements -- a statement (when one or more agents are involved) that:
- the agent has informed the lessor of the lessor obligations under 42 U.S.C. 4852.
- the agent is aware of his/her duty to ensure compliance with the requirements of 40 CFR 745.
Renovation of LBP
Firms that perform renovations for compensation must apply to EPA for certification to perform renovations or dust sampling. Firms must be re-certified every 5 yr (40 CFR 745.89). To become a certified renovator or certified dust sampling technician, an individual must successfully complete the appropriate course accredited by EPA (40 CFR 745.90).
Occupants of residential dwellings where renovations involving LBP are going to occur must be notified of the renovation no more than 60 days before renovation activities begin. An adult occupant must provide a written acknowledgement of receipt of notification. Notification of renovation in LBP areas must also be provided for renovations in commons area and child-occupied facilities.
Requirements associated with the renovation of areas containing LBP includes: the posting of warning signs; isolating the work area so that no dust or debris leaves the work area while the renovation is being performed; maintaining the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced; and installing containment so that it does not interfere with occupant and worker egress in an emergency.
There are specific requirements for managing ducts, doors, windows, objects in a room, flooring, waste and cleaning the work area depending on whether interior or exterior renovations are being performed. (40 CFR 745.85).
After renovation is complete, for interiors a certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present. For exteriors, a certified renovator must perform a visual inspection to determine whether dust, debris or residue is still present on surfaces in and below the work area, including windowsills
and the ground. If debris or dust is visually present in either situations, additional cleaning must be done.
When performing renovations, all records necessary to demonstrate compliance must be kept for 3 years following completion of the renovation.
The term "Renovation" is defined as: Renovation means the modification of an existing structure, or portion thereof, that results in the disturbance of painted surfaces, unless that activity is performed as part of an abatement as defined 40 CFR 745.223. The term renovation includes (but is not limited to): The removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, surface preparation activity (such as sanding, scraping, or other such activities that may generate paint dust)); the removal of building components (e.g., walls, ceilings, plumbing, windows); weatherization projects (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather-stripping), and interim controls that disturb painted surfaces. A renovation performed for the purpose of converting a building, or part of a building, into target housing or a child-occupied facility is a renovation under 40 CFR 745. The term renovation does not include minor repair and maintenance activities.
If LBP abatement is going to be done, the EPA must be notified of such. Additionally, personnel involved in the LBP activity are to be trained and certified from accredited programs. If personnel are performing an inspection, a lead hazard screen, a risk assessment, or an abatement the EPA has defined work practice and methodologies to be followed.
Laws and Statutes
Toxic Substances Control Act