EPA Begins Crack Down in Florida

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Hearing that our state is a "hotbed of activity" when it relates to the Environmental Protection Agency cracking down on apartment owners is not music to my ears.  Nevertheless, Florida is definitely in that category as the EPA begins enforcement of the Repair, Replace, and Paint (lovingly <insert sarcasm here> referred to as RRP) rules that went into effect last year.  Despite repeated warnings from NMHC, FAA, and our affiliates many apartment owner, operators, and suppliers are still not in compliance with the new rules.  If you were looking for a reason to move quickly here it is...one of our owners in northeast Florida was just hammered with over $100K in fines for non-compliance.  Better yet, they weren’t tearing open walls or spreading lead dust, they had minor errors in lease files and paperwork.  Should the fines stick they stand to lose over a year’s worth of revenue and more on this property.

Don’t learn the hard way...here’s some immediate steps to take to ensure you are in compliance:

1.  Disclosure – many of the fines levied are in reference to paperwork and disclosure requirements that have been in place for years.  Review your lease materials with your team today and make sure that all of the details are taken care of.  Remember, missing initials on an addendum could cost you thousands.

2.  RRP Certification – Make sure that anyone on your staff who will work inside of a unit that may contain lead based paint has undergone the MANDATORY training.  Many of our local affiliates offer RRP training.  Remember, maximum fines for non-compliance with RRP are $37,500 per violation per day.

a.  Any supplier who works inside of a unit and could disturb lead paint must also have the RRP certification.  The onus is on the owner of the property to ensure their suppliers are in compliance.

3.  Clinical Testing – The new rules allow for an owner to have their property clinically tested to determine whether or not a lead risk exists.  If your property is certified "lead free" by one of these experts you are exempt from many of the RRP and Disclosure Rules.

Make no mistake the EPA means business, and they are looking to make examples of those who are non-compliant.  If you have any questions about lead based paint and your community or if you have been inspected and need assistance please contact me at 407-599-0679 (direct) or chip@faahq.org.

Additional Resources:

NAA/NMHC Lead Paint/RRP Guidance

FAA Local Affiliates Contact Information: http://faahq.org/local-affiliates