Tag Archives: lead paint

Environmental Series: Lead-Based Paint Hazards Disclosure Rules

Sellers and Lessors must disclose known information about lead-based paint

By Jeff Sorg, OnlineEd Blog

(July 6, 2017)

canstockphoto384422paintcanIn 1994, the United States Environmental Protection Agency (EPA) and HUD drafted federal regulations on the disclosure of lead-based paint hazards in residential properties built before 1978 to comply with the Residential Lead-based Paint Hazard Act of 1992. The rules were implemented in 1996 in cooperation with the National Association of REALTORS®. These rules requre sellers and lessors, or their real estate agents to:

  • distribute a federal lead hazard pamphlet,
  • disclose any information known by the seller/lessor or the agent concerning lead paint and/or lead hazards in the house, and
  • provide a 10-day or mutually agreeable period for a lead paint assessment or inspection before a purchaser/lessee becomes obligated to purchase.

The seller must retain the signed documentation demonstrating that the buyer/tenant received the required disclosure information for three years from the date of sale/lease. The REA requires these records to be retained by a principal broker/property manager for six years from the date of the sale.

You can view a sample of a lead-based paint disclosure here:

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Oregon Property Management Companies Fined for Failure to Disclose Lead-Based Paint Hazards

lead paint cover

Disclosure Pamphlet

(OnlineEd – Portland, OR) – Two Oregon property management companies were ordered by the U.S. Environmental Protection Agency to pay more than $15,000 in federal penalties as a result of failing  to disclose lead-based paint hazards to renters.

According to an EPA and U.S. Department of Housing and Urban Development joint inspection, the companies failed to disclose  lead paint and lead-based paint hazards information to renters.

Because of health risks associated with lead, Federal lead disclosure rules require property owners, property management companies, and real estate agencies to inform potential renters or buyers of the presence of lead-based paint and lead-based paint hazards in housing built before 1978.

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More about lead disclosure rules and hazards: http://www2.epa.gov/lead/real-estate-disclosure

June 25, 2013

EPA Takes Action Against Violators of the Lead Renovation, Repair and Painting Rule

(EPA – WASHINGTON, D.C.) – Today, EPA announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting rule (RRP).

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. As required by the Toxic Substances Control Act, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.GTON – Today, EPA announced 17 enforcement actions for violations of the Lead Renovation, Repair and Painting rule (RRP).

The RRP rule protects homeowners and tenants from dangerous lead dust that can be left behind after common renovation, repair, and painting work. It requires that contractors and subcontractors be properly trained and certified, and use lead-safe work practices to ensure that lead dust is minimized. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

“Using lead-safe work practices is good business and it’s the law,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “EPA is taking action to enforce lead rules to protect people from exposure to lead and to ensure a level playing field for contractors that follow the rules.”

The enforcement actions address serious violations of the RRP rule, including fourteen actions where the contractor failed to obtain certification prior to performing or offering to perform renovation activities on pre-1978 homes, where lead is more likely to be present. Other alleged violations included failure to follow the lead-safe work practices, which are critical to reducing exposure to lead-based paint hazards.

The 17 enforcement actions listed below include 14 administrative settlements assessing civil penalties of up to $23,000. These settlements also required the contractors to certify that they had come into compliance with the requirements of the RRP rule. Additionally, EPA filed three administrative complaints seeking civil penalties of up to the statutory maximum of $37,500 per violation. As required by the Toxic Substances Control Act, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

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More about lead and instructions on getting certified: www.epa.gov/lead

More about becoming an Oregon licensed contractor: https://www.onlineed.com/info/Contracting/Oregon/LicenseTraining/

Are You Using the New Lead-Based Paint Disclosure Pamphlet?

(OnlineEd – Portland, OR) The EPA (Environmental Protection Agency) released a new version of “Protect Your Family form Lead in the Home,” the required pamphlet to be given to most buyers and renters of homes built before 1978. The new pamphlet, released December 2012, is pretty much the same as the old, but does include some text changes and adds warnings and instructions for “repairs, renovations, and painting.”

To download a PDF copy of the new pamphlet, click here.

Old and new covers: Protect Your Family from Lead in the Home

 

Oregon Construction Contractors Board Certified Lead Based Paint Renovation Contractor License

By Jeff Sorg

(OnlineEd – Portland, Or) The Oregon Construction Contractors Board (CCB) offers a Certified Lead Based Paint Renovation (LBPR) Contractor License to contractors who have completed  their EPA Renovation, Repair, and Painting (RRP) program. Oregon is approved by the EPA to administer the EPA’s  program for requirements on construction that might involve lead-based paint. The program:

  • Adopts lead renovation, repair and painting program rules
  • Certifies training providers
  • Certifies contractors in states that do no have a state program
  • Approves states to “take over” the program
Contractors who renovate target housing or child-occupied facilities need to have the certified LBR contractor license. “Renovation” means, for example:
  • Modification of painted or varnished doors
  • Restoring building surfaces
  • Window repair, removal, or replacement
  • Painting preparation (sanding, scraping, ect)
  • Removal of walls, ceilings, and plumbing
  • Interior controls that disturb painted surfaces
Renovation does not include “minor repair and maintenance.”  Minor repair and maintenance means
  • 6 square feet or less of painted interior surface; or
  • 20 square feet or less of painted exterior surface.
“Target housing” is housing built before 1978, except for:
  • Housing built for the elderly or persons with disabilities; or
  • Housing without a bedroom
“Child-Occupied facilities” mean a building, or part thereof, regularly used by the same child under age 6. Examples of child-occupied facilities are:
  • Day care centers
  • Preschools
  • Kindergarten classrooms
  • Restrooms commonly used by children
Child-occupied facilities likely do not include:
  • Sunday school classrooms used weekly
  • Supermarkets
  • Hallways in public schools
 RPR training is an 8-hour, hands-on, live course that business owners or employees are required to complete in order to become certified. The certification is valid for 5 years.
OnlineEd® does not provide this certification course, but provides this alphabetical list of Oregon providers as a courtesy:
Accredited RRP Northwest/Glen R. Hayden Construction
365 Salem Hts Ave S
Salem, OR 97302
Phone: 503-871-9754
E-mail: hayden365@comcast.net
 
Allied Services/Affiliate of Southern Oregon Environmental Services
P.O. Box 1001
Jacksonville, OR 97350
Phone: 503-636-4040 (Portland)
888-492-3177 (Toll-Free)
Web site: www.asbestosleadpaintmold.com
 
AMEC Earth & Environmental, Inc.
7376 SW Durham Road
Portland, OR 97224
Phone: 503-639-3400
Web site: www.amectraining.com
 
B Classic Painting & Remodeling, LLC
900 Alder Street
Sweet Home, OR 97386
Phone: 541-818-0246
E-mail: Bclassicpnr@gmail.com 
 
CALINC Training, LLC
2040 Peadbody Road
Vacaville, CA 95687
Phone: 800-359-4467
Web site: www.cal-inc.com 
Community Energy Project
422 NE Alberta Street
Portland, OR 97211
Phone: 503-284-6827
Web site: www.communityenergyproject.org 
 
Connor
1421 Clarkview Road, Suite 100
Baltimore, MD 21209
Phone: 410-296-7971
Web site: www.connorinstitute.com
 
Green Education Services
419 Lafayette St.
New York, NY 10003
Phone: 800-355-1751
Web site: www.greenedu.com
 
Industrial Hygiene Resources, Ltd
206 Murray Street
Boise, ID 83714
Phone: 208-323-8287
Web site: www.industrialhygieneresources.com 
 
Integrity Safety Services
13912 NE 20th, Suite 201
Vancouver, WA 98686
Phone: 360-574-6071
Web site: www.integritysafety.com
 
Kachina Contractor Solutions LLC
530 Stahr Rd
Elkins Park, PA 19027
Phone: 888-800-5224
Web site: www.KachinaContractorSolutions.com
 
Lead Solutions, Inc.
1297 Sullivan Court NW
Salem, OR 97304
Phone: 503-703-0338
Web site: www.leadpaintguru.com
 
National Center for Healthy Housing
10320 Little Patuxent Parkway, Suite 500
Columbia, MD 21044
Phone: 877-312-3046
Web site: www.nchh.org
 
NECA-IBEW Electrical Training Center
[Training limited to IBEW/NECA contractors and employees]
16021 NE Airport Way
Portland, OR 97230
Phone: 503-262-9991
Web site: www.nietc.org
 
NorthWest Hazmat Inc.
36 West Q Street
Springfield, OR 97477
Phone: 541-988-9823
Web site: www.nwhazmat.com 
 
Oregon Home Builders Association 
375 Taylor Street NE
Salem, OR 97301
Phone: 503-378-9066
Web site: www.oregonhba.com 
 
Oregon Southern Idaho Laborers Training Trust
6011 NE Marcus Harris Avenue
Corvallis, OR 97330
Phone: 541-745-5513
Web site: www.osilaborerstraining.org 
 
RGA Environmental, Inc
1730 Minor Avenue, Suite 900
Seattle, WA 98101
Phone: 206-281-8858
Web site: http://www.rgatraining.com 
 
Safety Directions, LLC
93947 Autumn Lane
Coos Bay, OR 97420
Phone: 541-266-9077
Web site: www.safety-directions.com
 
Truckee Meadows Community College
Workforce Development
475 Edison Way, Suite 102
Reno, NV 89502
Phone: 775-857-4958
Web site: www.tmcc.edu/wdce
 
Unlimited Choices, Inc.
Lead Learning Center
211 SE 80th Avenue
Portland, OR 97215
Phone: 503-234-6167
Web site: www.unlimitedchoices.org
 
Western Oregon and SW Washington Painters, Drywall Finishers, & Allied Trades Apprenticeship
12687 NE Whitaker Way
Portland, OR 97230
Phone: 503-287-4856
Web site: www.paintertraining.org
 
Western Regional Lead Training Center
1950 SE 176th Avenue
Portland, OR 97233-4739
Phone: 503-761-2800
Web site: www.wrltc.com
A complete listing of nationwide providers can be found at the EPA’s Web site