For landlords renting out single-family homes, townhomes, and condos in Virginia, understanding lead-based paint disclosure rules is crucial. Lead-based paint disclosure requirements protect tenants from potential lead exposure, a significant health hazard, especially for young children.
This article outlines Virginia's Lead-Based Paint Disclosure Rules that property managers advising landlords on single-unit residential properties must follow. It covers the specific disclosure requirements, the Renovation, Repair, and Painting (RRP) Rule, and the process of obtaining lead-safe certification to ensure compliance.
Virginia's Lead-Based Paint Disclosure Rules
Key Disclosure Obligations
Written Disclosure: Landlords must disclose any known lead-based paint hazards to prospective tenants in writing before they sign a lease.
EPA Pamphlet: Landlords must provide tenants with the EPA-approved 'Protect Your Family from Lead in Your Home' pamphlet, which outlines the dangers of lead exposure.
Lead Warning Statement: The lease must include a 'Lead Warning Statement' confirming the landlord has complied with all disclosure requirements.
Property Manager's Role
Property managers play a crucial role in ensuring landlords comply with lead-based paint disclosure rules. They must:
Inform landlords of their obligations under the Residential Lead-Based Paint Hazard Reduction Act (Title X).
Advise landlords to disclose any known lead-based paint hazards for properties built before 1978.
Ensure landlords provide the EPA pamphlet and include the Lead Warning Statement in the lease.
Maintain copies of lead disclosure forms provided to tenants for at least 3 years.
Tenant Responsibilities
The disclosure process also involves responsibilities for tenants:
Acknowledge receipt of lead-based paint information and the EPA pamphlet.
Obtain prior written approval from the landlord before painting or disturbing painted surfaces.
Notify the landlord and property manager of any chipped or peeling paint in the dwelling unit.
Penalties for Non-Compliance
Failure to comply with lead-based paint disclosure requirements can result in:
Monetary penalties
Civil liability
Court costs
Property managers must ensure landlords understand and adhere to these rules to avoid potential legal and financial consequences.
Renovation, Repair, and Painting (RRP) Rule
EPA's Lead Renovation, Repair, and Painting (RRP) Rule
The EPA's Lead Renovation, Repair, and Painting (RRP) Rule applies to contractors and others working on pre-1978 residential properties, schools, and child care facilities in Virginia. This rule aims to protect occupants from lead-based paint hazards during renovation, repair, and painting activities.
Contractor Certification Requirements
Contractors must obtain individual EPA Lead Renovator Certification by taking an 8-hour EPA-approved training course and passing the exam.
Contractors must also obtain EPA Certified Firm certification for their company by submitting an application and paying a $300 fee.
Responsibilities of Certified Renovators
Provide customers with the 'Renovate Right' pamphlet, which outlines the dangers of lead exposure.
Test for lead paint before starting work.
Establish containment to prevent the spread of lead dust.
Perform visual inspections and cleaning verification after the work is completed.
EPA Enforcement in Virginia: The EPA enforces the RRP Rule in Virginia, as the state has not taken over administration and enforcement of the rule.
Property Management Firm Obligations
Property management firms that offer services that disturb painted surfaces in pre-1978 homes must comply with the RRP Rule:
The property management firm itself must be lead-safe certified.
Any contractors hired by the firm to perform work must also be lead-safe certified.
Both the property management firm and the contractor cannot shift liability to the other party.
Complying with the RRP Rule helps ensure the safety of tenants and fulfills the legal obligations of property managers.
Obtaining Lead-Safe Certification
EPA Lead-Safe Certification for Renovation Firms
Application Process
Renovation firms can apply for EPA's lead-safe certification online, except in certain states and tribal areas where they must apply directly to the state/tribal program.
The application requires information such as firm name, phone number, address, and certificate ID.
The authority for this application is 40 C.F.R. Part 745, and 15 U.S.C. §§ 2682 and 2684.
Certification Requirements
At least one employee must be a certified renovator, having completed an EPA-approved training course and passed the exam.
All other employees involved in renovation activities must be certified renovators or trained on the job by a certified renovator.
The certification and a customized logo are emailed to the firm, and may take 1-2 weeks to be approved.
Renewal and Updates
Firms can renew their certification or provide information updates online through the EPA's website.
Virginia State Licensing Requirements
License Type | Requirement |
Individual License | Individuals must be licensed by the Virginia Board for Asbestos, Lead, and Home Inspectors to perform lead-based paint activities. |
Firm License | Firms must be licensed as a 'lead abatement contractor' to conduct lead abatement projects. |
Training Program Accreditation | Training programs must be accredited by the Board to provide lead-based paint activities training. |
The Virginia Department of Professional and Occupational Regulation (DPOR) licenses individuals engaged in lead-based paint remediation, renovation, and home inspection. The Virginia Department of Labor and Industry (DOLI) enforces regulations regarding project permits for lead abatement.
Some localities in Virginia, such as Roanoke City and Richmond City, have programs that provide financial assistance for lead remediation or abatement.
Property managers advising landlords on single-family properties, townhomes, and condos must ensure their firm and employees are properly certified and licensed to comply with Virginia's lead-based paint disclosure rules.
Additional Resources:
For additional information about lead-based paint regulations and property management in Northern Virginia, explore these helpful resources:
Understanding Virginia Lease Agreements & Tenant Rights Learn more about lease requirements, security deposits, and tenant rights: Read More
Northern Virginia Landlord Law Updates Stay current with the latest landlord-tenant regulations: Read More
Historic Home Remodeling Guidelines Important considerations for renovating historic properties: Read More
Conclusion
For Virginia property managers overseeing residential properties, lead-based paint disclosure compliance is essential for protecting both tenants and landlords. Following disclosure requirements and RRP Rules helps ensure tenant safety while minimizing legal risks.
Property Management Advisors specializes in comprehensive property management services. Our team, led by Broker Randy Huntley, provides expert guidance through Northern Virginia's real estate regulations, including lead-based paint requirements. Connect with us on Facebook @RandyHuntleySellsHouses for property management insights.
FAQs
What is a property manager's responsibility regarding lead-based paint disclosure?
Property managers must provide EPA-approved lead warnings, disclose known lead paint/hazards, share available reports, and give tenants/buyers the Lead Warning Statement form before contracts are signed
Does Virginia require a lead-based paint disclosure?
Yes, Virginia follows federal requirements for lead-based paint disclosure for homes built before 1978. Property owners must disclose known lead hazards and provide educational materials before lease signing.
What is the lead-based paint disclosure must be given to?
The disclosure must be given to all potential buyers/renters before contract signing, each new tenant, all adult occupants on the lease, and parents/guardians of minor occupants.
Who fills out the lead-based paint disclosure?
The property owner/landlord provides known information, though property managers can complete it with written authorization. Both parties must sign and date the form, and real estate agents must keep records for 3 years.