December 10, 2024
By: Allan Galis
Georgia landlords, property managers, and construction contractors face significant penalties—up to $10,000 per day—for violations of the state’s Lead-Based Paint Renovation, Repair and Painting Rule, often referred to as the RRP Rule. This article provides guidance to help avoid common pitfalls.
Georgia’s RRP Rule applies to companies, contractors, and sole proprietors performing paid “renovation” work, as well as their workers, on any portion of “target housing” or “child-occupied facilities” built before the 1978 lead-based paint ban.
“Renovation” under this regulation includes any modification, removal, or repair of an existing structure that disturbs painted surfaces. Therefore, the requirements of the RRP Rule apply not only to renovation contractors, but also to specialty trades, such as plumbers, electricians, and window-replacement contractors, if their activities disturb more than 6 square feet of lead-painted surfaces per interior room or more than 20 square feet of lead-painted exterior surfaces.
The rule also applies to landlords and property managers performing renovation work as part of their compensation, such as rent. The term “target housing,” with a few exceptions, means any single or multi-family housing or “child-occupied facilities” constructed prior to 1978. “Child-occupied facility” refers to a pre-1978 building regularly visited by the same child, six years old or younger, at least twice a week for a minimum of 3 hours per visit, totaling 6 hours per week. Child-occupied facilities include public and commercial buildings, such as day care centers, preschools, and kindergarten classrooms.
Georgia’s RRP Rule can be divided into four components: (1) notification requirements, (2) work practice standards, (3) recordkeeping and reporting requirements, and (4) training and certification requirements.
Notification Requirements
Renovators must provide copies of the EPA’s Renovate Right pamphlet to the owner no more than 60 days before starting work on any pre-1978 house. If the owner does not reside in the house, the pamphlet must also be provided to the occupants. For work in common areas of multi-family housing, the renovation firm must distribute notices to the tenants or post informational signs about the repair job. Similarly, no more than 60 days before renovation starts on any child-occupied facility, renovators must provide copies of the pamphlet to the owner, manager, or management representative. Renovators must also confirm receipt of the Renovate Right pamphlet or provide a certificate of mailing before beginning work. In Georgia, a certificate of mailing may be from the post office, or any parcel carrier, as long as proof of mailing and delivery can be provided. The pamphlet distribution requirements do not apply to emergency renovations.
Work Practice Standards
Renovation firms must establish and clearly define a regulated work area, posting warning signs to keep occupants out. For interior renovations, the regulation requires:
- the work area be isolated so that no dust or debris leaves the area while the renovation is being performed;
- all objects such as furniture, rugs, and window coverings must be removed from the work area or covered with impermeable material;
- all ducts in the work area must be taped down with impermeable material; and
- windows and doors in the work area must be closed and doors must be covered with impermeable material.
There are additional requirements for exterior renovations.
Georgia’s RRP Rule also sets forth stringent requirements for cleaning and verification after renovations. After renovations are complete, renovators must:
- clean windows and troughs thoroughly;
- verify cleaning for both windowsills and troughs; and
- store collected waste securely each day or remove it entirely to prevent dust and debris exposure.
Recordkeeping and Reporting Requirements
Renovators must provide a copy of required project records to the owner/occupants of target housing and retain the records for three years following completion of the renovation activities. Among other things, retained records should include copies of certifications for the renovation firm and certified individuals. They should also include pre-renovation notification requirements, and post-work cleaning verification or clearance sampling results.
Training and Certification Requirements
The RRP Rule requires companies that engage in renovation work, and the individuals that perform the renovation work for the companies, to obtain specific training and the required certification. It is important to note that Georgia does not recognize EPA certifications, nor does it offer reciprocity for EPA-issued certifications. Certifications must now be obtained exclusively through the Georgia Environmental Protection Division (GEPD).
Penalties
Failure to comply with notification requirements and work practice standards, and to obtain training and certification by the required deadlines can result in significant penalties. Violating the RRP Rule, including failing to obtain requisite training and certification, can result in penalties of up to $10,000 per day, per violation.
For more information about Georgia’s RRP Rule, including technical guidance, forms, and training information, visit the GEPD website. For compliance assistance, contact Allan Galis at agalis@huntermaclean.com.
