You must be logged in to reply to this topic.
-
This will kill land-lording, buy and hold, rehabs…What to do!
RRP RULE AND NEW LEAD-SAFE PRACTICES REQUIREMENT AFFECTING LANDLORDS BEGINNING APRIL 22, 2010
The EPA has issued a Renovation, Repair and Paint rule (RRP) requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning April 22, 2010, landlords and contractors performing renovation, repair and painting projects that disturb lead-based paint in rental property built before 1978 must be certified and must follow specific work practices to prevent lead contamination. Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
What types of properties and facilities does the lead paint rule apply to?
The RRP Rule applies to “residential houses, apartments, and child-occupied facilities such as schools and day-care facilities built before 1978.” In addition, the rule must be followed when “repair or maintenance activities disturb more than 6 square feet of paint per room inside, or more than 20 square feet on the exterior of a home or building.” Renovation is broadly defined as any activity that disturbs painted surfaces and includes most repair, remodeling, and maintenance activities, including window replacement.
Exceptions?
The EPA outlines activities which are excluded from the rule, such as emergency repairs and “minor’ repair or maintenance, including work with less than six square feet of disturbed interior space. However, the EPA specifically states that “window replacement” is not minor repair or maintenance.
Who must follow the rule?
According to the EPA, the rule applies as follows: “In general, anyone who is paid to perform work that disturbs paint in housing and child-occupied facilities built before 1978, including but not limited to: residential rental property owners/managers; general contractors; special trade contractors including painters, plumbers, carpenters and electricians.” As to landlords and property managers, the EPA booklet says, “The receipt of rent payments or salaries derived from rent payments is considered compensation under the EPA’s lead paint rule. Therefore, renovation activities performed by landlords or employees of landlords are covered [by the rule].”
What are some of the rule requirements?
Rental property owners or contractors working on your rentals, who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing must, before beginning work, provide tenants with a copy of EPA’s lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools. Owners of these rental properties must document compliance with this requirement. The EPA werbsite provides a sample pre-renovation disclosure form, which may be used for this purpose.
Understand that after April 22, 2010, landlords who work on their own properties or contractors doing the work, and perform above mentioned projects in pre-1978 rental housing, must be certified and follow the lead-safe work practices required by EPA’s Renovation, Repair and Remodeling rule. If you are the landlord/owner and do the work yourself, you must be a trained renovator. You are allowed to teach any workers helping you and they perform the work under your training. And, if you aren’t a contractor, and are an owner/landlord, then besides being “a trained renovator”, you have to file with the EPA that you or your company is certified and responsible for your trained workers.To become certified, property owners and contractors must submit an application for certification and fee payment to EPA.
A “certified renovator” must be assigned to each renovation project, and “must be available, either on-site or by telephone, at all times renovations are being conducted.” This person must have completed an 8-hour training course approved by the EPA. A full list of providers is listed at: http://www.epa.gov/lead/pubs/renovation.htm
Property owners who perform renovation, repairs, and painting jobs in rental property should also:
* Learn the lead laws that apply to you regarding certification and lead-safe work practices beginning in April 2010.
* Keep records to demonstrate that you and any one working under your supervision have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklist on the EPA website that was developed to help renovators comply with the renovation recordkeeping requirements that will take effect in April 2010.Any requirements for homeowners working at their own Home?
If you are a homeowner performing renovation, repair, or painting work in your own home, EPA’s RRP rule does not cover your project. However, you have the ultimate responsibility for the safety of your family or children in your care.
Any additional requirements for Contractors working on your rentals?
Any contractors who perform renovation, repairs, and painting jobs on your rental property should also:
* Take training to learn how to perform lead-safe work practices.* Find a training provider that has been accredited by EPA to provide training for renovators under EPA’s Renovation, Repair, and Painting (RRP) Program.
* Please note that if contractors previously completed an eligible renovation training course they may take the 4-hour refresher course instead of the 8-hour initial course from an accredited training provider to become a certified renovator.
* Provide a copy of your EPA or state lead training certificate to landlord clients.
* Tell landlord clients what lead-safe methods you will use to perform the job.
* Learn the lead laws that apply to them regarding certification and lead-safe work practices beginning in April 2010.
* Ask landlord client to share the results of any previously conducted lead tests.
Provide landlord clients with references from at least three recent jobs involving homes built before 1978.
* Firms are required to be certified, their employees must be trained in use of lead-safe work practices, and lead-safe work practices that minimize occupants’ exposure to lead hazards must be followed.
* Keep records to demonstrate that you and your workers have been trained in lead-safe work practices and that you followed lead-safe work practices on the job. To make recordkeeping easier, you may use the sample recordkeeping checklistfrom their website that EPA has developed to help contractors comply with the renovation recordkeeping requirements that will take effect in April 2010.
* Read about how to comply with EPA’s rule in the EPA Small Entity Compliance Guide to Renovate Right.
* Read about how to use lead-safe work practices in EPA’s Steps to Lead Safe Renovation, Repair and Painting. NOTE: Contractors and training providers working in Wisconsin, Iowa, or North Carolina must contact the state to find out more about its training and certification requirements. These states are authorized to administer their own RRP programs in lieu of the federal program.What is the penalty for landlords or contractors who do not comply with the EPA rule?
Fines for violating RRP Rule requirements can be up to $37,500 per incident, per day.
Above excerpts are taken in part from the EPA website. For additional information, clarification or answers to frequently asked questions, refer to the EPA website.
Now for the really confusing part especially in hurricane, flood, and tornado areas. I wonder what the rules will be IF a natural disaster has devastated the area and all sheet-rock, etc. was replaced so it’s modern materials, however the sticks & brick shell of the house is original. Lots of bugs to work out still.
It gets worse:
Time to start writing Congress & Senators again !!
So you think you live in a free country. Boy have you got a surprise coming.
A License Required for your HOUSE?
If you own your home you really need to check this out. At the end of
this email is the Google link to verify. If the country thinks the
housing market is depressed now, wait until everyone sees this. No one
will be buying homes in the future.We encourage you to read the provisions of the Cap and Trade Bill that
has passed the House of Representatives and are being considered by
the Senate. We are ready to join the next march on Washington ! This
Congress and their “experts” are truly out to destroy the middle class
of the U.S.A.A License will be required for your house…no longer just for cars
and mobile homes….Thinking about selling your house? Take a look at
H.R. 2454 (Cap and Trade bill). This is unbelievable! Home owners
take note and tell your friends and relatives who are home owners!Beginning one year after enactment of the Cap and Trade Act, you won’t
be able to sell your home unless you retrofit it to comply with the
energy and water efficiency standards of this “Cap & Trade” bill,
passed by the House of Representatives. If it is also passed by the
Senate, it will be the largest tax increase any of us has ever
experienced.The Congressional Budget Office (supposedly non-partisan) estimates
that in just a few years the average cost to every family of four will
be $6,800 per year. No one is excluded. However, once the lower
classes feel the pinch in their wallets, you can be sure that these
voters will get a tax refund (even if they pay no taxes at all) to
offset this new cost. Thus, you Mr. And Mrs. Middle Class have to pay
even more since additional tax dollars will be needed to bail out
everyone else..But wait. This awful bill (that no one in Congress has actually read)
has many more surprises in it. Probably the worst one is this: A year
from now you won’t be able to sell your house without some
bureaucrat’s OK. Yes, you read that right.The caveat (there always is a caveat) is that if you have enough money
to make required major upgrades to your home, then you can sell it.
But, if not, then forget it. Even pre-fabricated homes (“mobile
homes” are included. In effect, this bill prevents you from selling
your home without the permission of the EPA administrator.To get this permission, you will have to have the energy efficiency of
your home measured. Then the government will tell you what your new
energy efficiency requirement is and you will be required to make
modifications to your home under the retrofit provisions of this Act,
to comply with the new energy and water efficiency requirements.Then you will have to get your home measured again and get a license
(called a “label” in the Act) that must be posted on your property to
show what your efficiency rating is; sort of like the Energy Star
efficiency rating label on your refrigerator or air conditioner. If
you don’t get a high enough rating, you can’t sell.And, the EPA administrator is authorized to raise the standards every
year, even above the automatic energy efficiency increases built into
the Act. The EPA administrator, appointed by the President, will run
the Cap & Trade program (AKA the “American Clean Energy and Security
Act of 2009″ and is authorized to make any future changes to the
regulations and standards he/she alone determines to be in the
government’s best interest. Requirements are set low initially so the
bill will pass Congress. Then the Administrator can set new standards
every year.The Act itself contains annual required increases in energy efficiency
for private and commercial residences and buildings. However, the EPA
administrator can set higher standards at any time. Sect. 202 –
Building Retrofit Program mandates a national retrofit program to
increase the energy efficiency of all existing homes across America .Beginning one year after enactment of the Act, you won’t be able to
sell your home unless you retrofit it to comply with its energy and
water efficiency standards. You had better sell soon, because the
standards will be raised each year and will be really hard (expen$ive)
to meet in a few years. Oh, goody!The Act allows the government to give you a grant of several thousand
dollars to comply with the retrofit program requirements IF you meet
certain energy efficiency levels. But, wait, the State can set
additional requirements on who qualifies to receive the grants. You
should expect requirements such as “can’t have an income of more than
$50K per year”, “home selling price can’t be more than $125K”, or
anything else to target the upper middle class (that includes YOU?)
and prevent you from qualifying for the grants.Most of us won’t get a dime and will have to pay the entire cost of
the retrofit out of our own pockets. More transfer of wealth, more
“change you can believe in.” Sect. 204 – Building Energy Performance
Labeling Program establishes a labeling program that for each
individual residence will identify the achieved energy efficiency
performance for “at least 90 percent of the residential market within
5 years after the date of the enactment of this Act.”This means that within 5 years 90% of all residential homes in the
U.S. must be measured and labeled. The EPA administrator will get $50M
each year to enforce the labeling program. The Secretary of the
Department of Energy will get an additional $20M each year to help the
EPA. Some of this money will, of course, be spent on coming up with
tougher standards each year…Oh, the label will be like a license for your car. You will be
required to post the label in a conspicuous location in your home and
will not be allowed to sell your home without having this label. And,
just like your car license, you will probably be required to get a new
label every so often – maybe every year.But, the government estimates the cost of measuring the energy
efficiency of your home should only cost about $200 each time.
Remember what they said about the auto smog inspections when they
first started: that in California ? It would only cost $15. That was
when the program started. Now the cost is about $50 for the inspection
and certificate.Expect the same from the home labeling program. Sect. 304 – Greater
Energy Efficiency in Building Codes establishes new energy efficiency
guidelines for the National Building Code and mandates at 304(d) that
one year after enactment of this Act, all state and local
jurisdictions must adopt the National Building Code energy efficiency
provisions or must obtain a certification from the federal government
that their state and/or local codes have been brought into full
compliance with the National Building Code energy efficiency
standards.CHECK OUT a few of the sites;
Cap and Trade: A License Required for your Home http://www.nachi/.
org/forum/ f14/cap-and- trade-license- required- your-home- 44750/
http://www.nachi.org/forum/f14/cap-and-trade-li…your-home-44750/>
HR 2454 American Clean Energy & Security Act: http://www.govtrack/
.us/congress/ bill.xpd? bill=h111- 2454
<www.govtrack.us/congress/bill.xpd?bill=h111-2454>
Cap & Trade A license required for your home:
http://www.prisonplanet.com/cap-and-trade-a-lic…d-for-your-home.html
Cap and trade is a license to cheat and steal:
http://www.sfexamin/ er.com/opinion/ columns/oped_ contributors/
Cap-and-trade- is-a-license- to-cheat- and-steal- 45371937. html
<www.sfexaminer.com/opinion/columns/oped_…al-45371937.html>
Cap and Trade: A License Required for your Home:
http://www.freerepublic.com/focus/news/2393940/posts
Thinking about selling you House? Look at HR 2454:
http://www.federalobserver.com/2009/10/01/think…-cap-and-trade-bill/http://www.google.com/ search?hl= en&source=hp&ie=ISO-8859- 1&q=A+License+
required+ for+your+ home-+Cap+ and+Trade&btnG=Google+ Search
<www.google.com/search?hl=en&source=h…nG=Google+Search>Combine this with the SAFE ACT which will limit your ability to sell with seller financing
and you’re think this new Federal Government is trying to put all real estate investors
OUT OF BUSINESSWhy?
We did a conference call with Dan Bryan about the new EPA rules for rehabs. Check out THE DEPOT for details.
Dee
There is always a WAY!
For the EPA inspections, just get it done. It will add about $300 to your costs. Not a big deal…. unless they find lead.
You can avoid that problem if….you Do not do anything with homes build pre-1978.There’s also an opportunity in all this…. there will be a NEED for tens of thousands and thousands of people who can do the EPA inspections. Some will make millions providing that service.
Who will do the Energy Audits on houses? That’s another opportunity. There are only a handful of people trained to do it now, there will be a need for tens of thousands. Those who get in the game early will make millions.
Keep in mind that it is more important than every to use Trusts and Entities for privacy.
Jackie,
Some of the links you have do not work ? The beginning and end of a link-line is not clear to me. I’ve copied and pasted several of them, but only a few get to an actual website; the rest just get an error.
Do you have those links elsewhere on your computer where you can send them separated via an email to me ? I really want to pass this info on to as many people as I can, but would like clear information to support what I send out.
Hopefully you have it saved in a location that can be quickly sent out without too much trouble or time on your end.
Thanks in advance ! This is far too important to just sit by on the side lines. I know that most people have no clue as to what this Administation is trying to shove through with these new Bills. The fact that it has already passed the House is scary enough; time is running out !
Scott
You must be logged in to reply to this topic.
