Bayline September 09.indd - Bay Area Apartment Association

The U. S. Environmental Protection
Agency’s Renovation, Repair and
Painting (RRP) Rule, which becomes
fully effective April 22, 2010, mandates
that individuals performing renovations
for compensation that may disturb
lead-based paint in pre-1978 housing
must receive certifi cation through
training. Dr. Eileen Lee, Vice President
– Energy & Environmental Policy for
the NAA/NMHC Joint Legislative
Staff, told me if you are “on the fence
about getting your property tested
for lead-based paint, this new regime
should tip the balance”.
This summer, I have participated
in a series of conference calls hosted
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6 • September 2009 • Bayline
GOVERNMENT ACTION UPDATE
727-343-1111
Lead-Based Paint –
The Last Straw
By Jeff Rogo, Government Affairs Director
by Ricky Harrison of the Florida Department
of Health’s Childhood Lead
Poisoning Prevention Program. Frank
Ingrassia, a BAAA board member and
a maintenance professional at Isles of
Gateway in St. Petersburg, also represented
the apartment industry.
The staff of the Florida Childhood
Lead Poisoning Prevention Program
is proposing legislation that would
authorize the State to implement the
federal RRP program. The federal
regulations will be enforced by the U.
S. EPA if the State does not take action
before April.
Owners of market-rate properties
will have to comply with the RRP. (Agerestricted
properties, properties with no
children occupying them, and properties
that have been certifi ed to be free
of lead-based paint by a state inspector
are exempt from the RRP regulations.)
Under the regulations, if renovation or
repair work undertaken on a covered
property disturbs more than six square
feet of surface for interior work or 20
square feet for exterior work, the work
must be carried out by a trained and
certifi ed renovator (whether that’s the
apartment maintenance professional or
an independent contractor).
Under the proposed Florida legislation,
the State would be responsible
for training, certification, and
enforcement. The certifi cation would
apply only in Florida. The legislation
proposes reciprocity with only Georgia
and Alabama. Florida’s Department
of Business & Professional Regulation
has already indicated that it is not interested
in certifying contractors under
this program.
HUD has different regulations
which apply to federally-assisted properties.
These differences are likely to
cause some confusion next year.
The State proposes to charge
$300.00 for a fi ve-year certifi cation.
This revenue would offset some of the
costs to implement the program.
Under the Florida program, apartment
communities and/or independent
contractors would have to notify the
State fi ve days prior to commencing
renovation work. This notifi cation is
not required in the federal EPA por-
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