How do lead paint regulations impact landlords?

Many of our clients have been caught by surprise by the cost of renovating a home that was built prior to 1978. Why? Lead paint.

The EPA now requires that all contractors performing renovation, repair and painting projects (“RRP”) that disturb lead-based paint in pre-1978 homes be certified by the EPA and that they use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices.

The following activities are subject to the RRP – remodeling, paint prep, plumbing, electrical, door or window replacement and any other activity that disturbs paint in pre-1978 housing.

Alarca now requires all of its vacant homes under management built prior to 1978 to be tested for lead paint.

Why do costs increase when you have to follow RRP procedures?

• The State of North Carolina and the EPA require registration fees for firms involved in Lead Paint RRP.
• Firms and employees must attend education classes and become certified by EPA.
• Pamphlets must be distributed to owner and occupants BEFORE work starts and must be retained for 3 years by the contractor.
• Signs must be posted in work areas.
• Work areas must be contained. All objects must be removed all doors, ducts and openings in the work area must be covered with plastic. The floor surface must be covered with plastic. All personnel and equipment must be free of dust when leaving the work area.
• Specific tools, vacuums and filters must be purchased and maintained by the firm.
• Waste must be contained before leaving the containment area.
• Work must be thoroughly cleaned and verified to be free of lead dust upon completion. A HEPA vacuum must be used to vacuum all surfaces in the work area.
• Dust samples must be taken and clearance testing performed to ensure results are below applicable standards.
• Documentation of compliance upon completion must be provided to owner AND occupant and retained by firm for 3 years.

Can an owner do the work themselves or hire their own contractors? 

• In a nutshell - NO. Renovations performed by landlords or their employees must comply with the program. Only an owner-occupant may perform repairs themselves (although it is not recommended).

What are the penalties?

• EPA fines of up to $37,500 per violation per day.

Why is Alarca requiring testing?

• Many homes built before 1978 do NOT contain lead paint. We want to identify these homes to reduce costs.
• It is easier and less expensive to test a vacant home and, generally, we are more likely to encounter situations requiring RRP when we’re preparing a vacant home for a new tenant.
• If we don’t test, and a repair is required when the home is tenant-occupied, we will need to assume the home contains lead, or get it tested at that point in time. This is an inconvenience to the tenant and more costly than completing the test upfront.
• We need to know which homes contain lead so that it may be disclosed and we can flag the property to ensure that proper procedures are being followed.

When it is all said and done, we believe we are providing better service and value for our clients and residents through the application of our testing policies. In many cases the cost of the testing is more than offset by the fact that most or all of the home is discovered to be lead-free. 

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