Five years since the implementation of the RRP Rule, and it’s still a common occurrence to encounter contractors and housing professionals who are unclear on, or completely unaware of, how RRP works with HUD or other federal funds.

As a lead based paint Risk Assessor, I often encounter well meaning contractors working in HOME, CDBG, or other federal programs who are unsure how to comply with RRP. The most common issue is the misunderstanding about trained non-certified workers. On a project that involves no federal funds, it is acceptable for a single RRP Certified contractor to train a crew of workers. These trained non-certified workers may perform lead safe work practices with minimal supervision as long as their training is properly documented and they are supervised by a Certified Renovator.

Once federal funding is involved, HUD rules supersede the RRP rule alone. Remember back in the day when we all had to take the HUD Safe Work Practices course? I took my Train the Trainer course at the 2001 Rural Housing Coalition conference and happily taught LSWP in library common rooms and coffee shops across the state until 2009 when HUD’s lead regulations got lobbied and lawyered into what we now know as the Renovation, Remodeling, & Painting Rule. For those of us who didn’t run housing programs under the first Cuomo administration, keeping RRP’s origin story in mind may help remind new program administrators and contractors about that often overlooked difference.

It’s been a few years since we’ve had a comprehensive, statewide training about RRP compliance when dealing with federally funded programs. It can be difficult enough to get contractors to work in our programs, and now we have to break the news that their entire crew needs a training that can cost upwards of $300 depending on your location. Free trainings aren’t as common as they used to be and even full price Initial courses are hard to find at the last minute. Most of our Initial classes these days are booked less than three days before the training – almost entirely by contractors who were just informed by a building inspector that they can’t start work without RRP Certification.

My advice to LPAs and other housing professionals is to carefully review the parts of Title X that apply to your funding sources, and cross reference this information with the RRP Rule. EPA and HUD have been partners on both regulations for over two decades, and don’t forget that Title X was essentially the beta version of RRP. Also remember that if you’re not currently in total compliance, it’s never too late to solve that problem. If you aren’t sure how to make HUD / EPA rules work cohesively in your housing programs ask questions. If you get conflicting answers, check with the National Lead Information Center, or contact the Rural Housing Coalition (they’re an invaluable resource for all sorts of compliance issues).

Michelle Read DeGarmo, President of Flately Read,LLC, is a lead based paint Risk Assessor, EPA Accredited RRP Trainer, and RHC’s resident lead based paint expert. Come meet us and chat one-on-one at the Rural Housing Coalition conference.

The Environmental Protection Agency’s Lead Renovation, Repair and Painting Rule requires that any contractor performing work on pre-1978 residences or child-occupied facilities, such as schools and daycares, must obtain EPA Firm Certification.  The 8 hour training course is a

mandatory pre-requisite for any company or individual applying for Firm Certification, and is also required for landlords, property managers, and anyone performing federally funded renovation work.

While most enforcement actions have taken place downstate, the EPA has started paying closer attention to rural communities in New York. Many upstate cities, such as Albany and Schenectady, now require proof of RRP Certification prior to issuing building permits for pre-1978 properties. The EPA is also encouraging rural building inspectors to begin enforcing the rule, and some small municipalities have passed local laws allowing for local fines for failure to comply with the RRP Rule.

Michelle DeGarmo, President of Flatley Read, LLC, has been training contractors in lead based paint safety and regulation compliance since 2000. RRP Training is held twice a month in Schuylerville and Watervliet, and independent classes can be scheduled for groups of six or more. Class size is limited, so registration is required and calling ahead for availability is strongly encouraged.

For information on upcoming classes, check our class calendar, or call 518-577-5681.

How does the EPA’s Renovation, Repair, & Painting Rule affect non-profit housing agencies as landlords or property managers?

Organizations that own or manage affordable housing units may not be aware that the RRP Rules apply to more than just handing out the Renovate Right pamphlet to new tenants. If your agency owns or manages pre-1978 housing, an employee performing work that may disturb lead based paint must be an RRP Certified Contractor, and the agency needs to be a Certified Firm.

What about the RRP Exemption for components that do not contain lead?

Under EPA rules, work on target housing may be exempt from using Lead Safe Work Practices if the Certified Contractor can document, using an EPA Recognized Test Kit, that the area to be disturbed by renovation work does not contain lead. However, the rule clearly states that EPA Recognized Test Kit results are only valid when used by a Certified Contractor. That Certified Contractor needs to either be an EPA Certified Firm, or work for one. This presents a compliance issue for agencies acting as landlords or property managers who employ a handyman or maintenance staff.

The property we own or manage was a gut-rehab project. I know there is no longer lead based paint anywhere in the building. Isn’t that enough for an exemption?

While this seems like sound logic, the issue is compliance documentation. You may have personally witnessed every last paint chip being removed from the property, and maybe even had a Clearance test done if the project involved federal funding. However, your agency is still the owner or manager of a pre-1978 house which has no officially recognized lead-free documentation. The Clearance test at the end of the project documents no lead based paint hazards remained after the renovation. You may still need to have an RRP Certified Contractor (who owns or works for an EPA Certified Firm) use an EPA recognized test kit to document your RRP Rule exemption. You may also choose to have a Lead Inspection, using an X-Ray Fluorescence Analyzer to document the property’s lead-free status.

What if we only hire outside contractors?

If the property was built prior to 1978, and the agency has no official documentation of lead-free status, any contractor performing work that may disturb a painted surface must be RRP Certified (and own or work for an EPA Certified Firm).

What about HUD?

The Venn Diagram of EPA / HUD compliance is where lead regulations can get tricky. I’ll address this in more detail next month, so for now let’s focus on the question of RRP compliance with agency owned or managed rental properties. If your property is still receiving federal assistance, you’re now dealing with Title X compliance as well as the RRP Rule. This means, first and foremost, that you can no longer use a single Certified Contractor with a crew of non-certified trained workers. In federally funded target housing, every worker must be RRP Certified. In addition, HUD’s de minimus level is 2 square feet interior, as opposed to the EPA’s minor repair and maintenance exemption of 6 square feet – and keep in mind that window replacement, demolition of any kind, and any work using a prohibited practice are not eligible for either exemption. Federal assistance can take many forms. For example, perhaps the project was funded by an acquisition/rehabilitation grant or assisted by a rental rehab program that is still under a regulatory period. Rental assistance is also federal funding, whether that assistance is for the entire building or tenant-specific. In some cases, Low Income Housing Tax Credits may also trigger Title X regulations.

 

Where can I get more information?

Both EPA and HUD websites have dedicated Lead Based Paint Compliance pages:

http://www2.epa.gov/lead

http://portal.hud.gov/hudportal/HUD?src=/program_offices/healthy_homes/lbp/hudguidelines

I also recommend the National Lead Information Center: 1-800-424-LEAD (5323), for questions about RRP compliance.

For those of you in Upstate NY, the NYS Rural Housing Coalition is hosting RRP Initial and Refresher training at their annual Affordable Housing Conference, September 16-18, in Oswego NY. Join me at the conference for a comprehensive discussion on HUD & EPA Lead Based Paint Compliance.http://ruralhousing.org/

Michelle Read DeGarmo is president of Flatley Read, LLC, an EPA Accredited Training Firm specializing in environmental analysis and compliance management. Flatley Read, LLC is a NYS Certified Woman Owned Business.