Lead-Safe Certification: What to Know

ORLANDO, Fla. – Federal law requires all renovation, repair and painting firms that work in housing or facilities where children are routinely present built prior to 1978 be certified. In Florida, this law is enforced through the state Environmental Protection Agency (EPA).

The Lead Renovation, Repair, and Painting Rule (RRP Rule) went into effect April 22, 2010. Firm certification is a key requirement of the rule to ensure proper worker training of and the use of lead-safe work practices. Firms must apply to the EPA for certification to perform renovations. The EPA maintains broad authority to assess civil and criminal penalties for violating the RRP Rule.

The EPA publishes some frequently asked questions on their website. In 2022, two previously published FAQs were withdrawn. These two questions related to property management companies (PMC) and their compliance responsibilities under the RRP Rule. A property manager is defined as a firm or an individual who is involved in managing pre-1978 properties.

With the withdrawal of these two questions, the EPA confirmed that PMCs that perform, offer or claim to perform regulated renovations in pre-1978 housing are required to obtain certification from the EPA. Additionally, the PMC must ensure renovations in the homes they manage are performed by certified firms and employees are trained to use lead-safe work practices.

The result of these question withdrawals is that if the PMC hires a painter to work in a pre-1978 house the PMC firm must have a Renovation Firm Certification. In addition, if the PMC hires a certified company and that company violates the rule, the PMC can be fined as well.

EPA regulations now mandate that any contractor or maintenance staff, from plumbers to electricians to painters, who disturb more than six square feet of lead paint, replaces windows or does any demolition in a pre-1978 house, school or daycare center must now be Lead-Safe Certified and trained in lead-safe work practices.

Generally, the EPA’s Lead RRP rule does not apply to homeowners doing RRP projects in their own homes. However, it does apply if you rent all or part of your home, operate a childcare center in your home or if you buy, renovate and sell homes for profit (i.e., a house flipper).

Property management companies should review their compliance programs, including consistency with the standards the EPA and DOJ set up in prior RRP Rule enforcement actions.

Maria Marchante is Associate General Counsel

Note: Information deemed accurate on date of publication

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