EPA Lead Paint Rule & the Owner Operator

Who Must Follow the EPA Lead Rule’s Requirements?

In general, anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978, this may include, but is not limited to:

• Residential rental property owners/managers – General contractors
• Special trade contractors, including 
• Painters 
• Plumbers 
• Carpenters 
• Electricians

What Activities Are Subject to the Lead Renovation, Repair and Painting Program?

In general, any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including:

• Remodeling and repair/maintenance
• Electrical work
• Plumbing
• Painting
• Carpentry
• Window replacement

What Housing or Activities Are Excluded and Not Subject to the Rule?

• Housing built in 1978 or later.
• Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there.
• Zero-bedroom dwellings (studio apartments, dormitories, etc.).
• Housing or components declared lead-free by a certified inspector or risk assessor.
• Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building.

Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.

What Does the Program Require Me To Do?

Pre-renovation education requirements - Effective now.

In housing, you must:

Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.

In a child-occupied facility, you must:

Distribute the lead pamphlet to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.

For work in common areas of multi-family housing or child-occupied facilities, you must:

Distribute renovation notices to tenants or parents/guardians of the children attending the child-occupied facility. Or you must post informational signs about the renovation or repair job.

Informational signs must:

Be posted where they will be seen;

Describe the nature, locations, and dates of the renovation; and

Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy

Obtain confirmation of receipt of the lead pamphlet (see page 23) from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office.

Retain records for three years.

Note: Pre-renovation education requirements do not apply to emergency renovations. Emergency renovations include interim controls performed in response to a resident child with an elevated blood-lead level.

Training, Certification, and Work Practice Requirements– Effective after April 22, 2010.

Firms must be certified.

Renovators must be trained.

Lead-safe work practices must be followed. Examples of these practices include:

Work-area containment to prevent dust and debris from leaving the work area.

Prohibition of certain work practices like open-flame burning and the use of power tools without HEPA exhaust control.

Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards.

The information contained in this blog is published by the Environmental Protection Agency (EPA) as the official compliance guide for small entities, as required by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)