Tuesday, September 20, 2016

Georgia Lead RRP Rule Clarification

The Georgia Environmental Protection Division recently provided an update with important points of clarification on the Lead Renovation, Repair, and Painting (RRP) Rule and Lead Disclosure Rule. We have highlighted these issues below with the information provided by the state.

Q: Who determines lead testing in properties affected by RRP regulations?

A: The EPA Real Estate Disclosure Rule does not require testing for or removal of lead-based paint by sellers or landlords. Therefore, the Property Owner has the final word on if they want a Renovator to test for lead, since the results and any prior lead-based paint and lead-hazards knowledge must be disclosed if the owner decides to rent, lease or sell the home, and this affects the property value.

If the property owner of a pre-1978 home or child occupied facility declines testing for lead paint, however, it must be assumed that the property contains lead paint for the purpose of your renovation, and RRP guidelines and requirements must be followed. You cannot presume negative!

Property owners or sellers of target housing must also do the following:

1. Disclose all known lead-based paint and lead-based paint hazards in the housing and any available reports on lead in the housing.

2. Provide buyers and tenants the EPA pamphlet Protect Your Family from Lead in Your Home (no matter whether lead is determined or not!)

3. Include certain warning language in the contract as well as signed statements from all parties verifying that all requirements were completed.

4. Retain signed acknowledgments for 3 years, as proof of compliance.

5. Give buyers a 10-day opportunity to test the housing for lead.

Q: Which parts of the RRP Rule apply when a Georgia Certified Inspector/Risk Assessor or Georgia Certified Renovator determines no lead-based paint is present in areas affected by renovation? 

A. In Georgia, contractors may use documented determination* to show that no lead paint is present if performed by a Georgia Certified Inspector/Risk Assessor or Georgia Certified Renovator to exempt RRP requirements, including training/certification, work practice standards, pre-notification education, and record-keeping requirements.

However, contractors should maintain copies of the determination for their records for at least 3 years in order to document exemption of the RRP Rule.

*Only a Georgia Certified Inspector or Risk Assessor working for a Georgia Certified Lead Firm, or a Georgia Certified Renovator working for a Georgia Certified Renovation Firm are qualified to make this determination.

Have additional questions on the RRP Rule, or want to become RRP certified? Call us at 646-564-3546. With the largest network of RRP trainers in the US, Zack Academy will help you get certified and in compliance in just a few easy steps.

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