Frequent Questions About Pre-Renovation Education Under the RRP Rule

What Information to Provide & How to Deliver It (e.g., Pamphlets & Notices)

Is an electronic version of the lead information pamphlet sent to the customer via e-mail an acceptable means of distributing the information?

The distribution of the lead information pamphlet (40 CFR 745.83 and 745.84) via e-mail is an acceptable means of distributing the pamphlet as long as the requirements of the Electronic Signatures in Global and National Commerce Act ("Act") (15 U.S.C. § 7001 et seq.) are met. The Act requires that the recipient of the pamphlet, among other things, consents electronically to email delivery and in a manner that demonstrates that the recipient can access the information in the form it will be provided. In addition, the recipient must be allowed to withdraw this consent and be informed of the procedures for withdrawing consent. Further, the recipient must be provided with a statement of the hardware and software requirements for accessing and retaining the pamphlet.

Question Number: 23002-18832

How can a firm comply with the pre-renovation education requirements if the owner desires that the renovation begin immediately?

If the renovation is taking place in an owner-occupied dwelling unit, a firm must simply provide the owner with a copy of the pamphlet, and either (1) obtain, from the owner, a written acknowledgement that the owner has received the pamphlet, or (2) obtain a certificate of mailing at least seven days prior to the renovation.

If the owner does not occupy the dwelling unit (ex. the unit is leased), the firm must also provide an adult occupant with a copy of the pamphlet, and either (1) obtain from the adult occupant a written acknowledgement that the adult occupant has received the pamphlet, or (2) obtain a certificate of mailing at least seven days prior to the renovation. If an adult occupant is unavailable for signing an acknowledgment, a firm may employ the self-certification procedures described in 40 CFR 745.84(a)(2)(i), which require the firm to sign and date a statement attesting to the unavailability of the occupant and to the delivery of the pamphlet to the dwelling.

As a reminder, if the work to be performed is an "emergency renovation," as defined in 40 CFR 745.82(b), the firm need not comply with the pre-renovation education requirements.

Question Number: 23002-17773

If working in target housing occupied by persons who are blind, how should a firm comply with the pre-renovation information distribution requirements?

EPA’s Lead-Safe Certified Guide to Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools pamphlet is currently not published in a Braille format. In addition to distributing the regular pamphlet, a firm working in such an environment should take extra precaution to ensure that the owner and occupants are aware of and understand the various dangers associated with lead. If necessary, a firm should be prepared to verbally convey the information in the pamphlet. Furthermore, because posted signs are not likely to warn blind occupants, a firm should also take necessary steps to inform them of the location of the work area and advise them to stay outside of the work area until the renovation is complete. Finally, a firm must prepare, sign and date a statement describing the steps performed to notify occupants of the renovation and to provide them with the pamphlet and information therein.

Question Number: 23002-15799

The RRP Rule requires delivery of the "Renovate Right" pamphlet to the owner and occupants of target housing. My firm was hired to perform a renovation in a pre-1978 apartment building. Is delivery of the pamphlet to the property manager sufficient for purposes of delivery to the owner of the building?

Yes. Property managers are acting in the capacity of agents for the building owners. For this reason, a property manager may receive, and acknowledge receipt of, the lead hazard pamphlet on behalf of the owner.

In situations where property managers or their employees are performing the renovations themselves, they are acting both as a "firm performing the renovation" and as agents for the owner. Documents in the possession of an agent are also deemed to be in the possession of the person or entity represented by the agent. Thus, no separate action is required to satisfy the requirement to deliver the "Renovate Right" pamphlet to the owner.

Question Number: 23002-32356

May I use the "Protect Your Family from Lead in Your Home" pamphlet to meet my obligations for pre-renovation education under the RRP Rule?

No. Only the Renovate Right pamphlet may be used to comply with the pre-renovation education requirements of the RRP Rule. The Protect Your Family pamphlet is available for use during real-estate sales and lease transactions and for general information.

Question Number: 23002-32357

Does a renovator need to attempt personal delivery of the lead information pamphlet to a tenant more than one time before utilizing the "self-certification of pamphlet delivery" option?

Personal delivery of the lead information pamphlet is preferable, wherever possible, because EPA believes that tenants will be more likely to read the information if it is handed directly to them. It also affords tenants an opportunity to raise concerns and ask questions about the renovation. EPA recognizes, however, that personal delivery will not always be a viable option, especially when a renovation needs to be commenced on short notice and an adult occupant of the apartment is not available. Thus, the RRP Rule permits the person delivering the pamphlet to "self-certify" the delivery (40 C.F.R. 745.84(a)(2)(i)). Although it is recommended that delivery be attempted on more than one occasion, a single good faith delivery attempt is acceptable for purposes of the RRP Rule.

Note: The self-certification provisions apply only to pamphlet deliveries to rental units; renovators cannot self-certify a pamphlet delivery to the owner of the dwelling unit. Pamphlet deliveries to unit owners must be made directly to the owner, an agent of the owner or via mailing.

Question Number: 23002-32361

I am planning on sending the pamphlet via the United States Postal Service’s certificate of mailing delivery method to a tenant who occupies a unit scheduled to be renovated. Does the tenant’s name need to be addressed on the mailing, or is it acceptable to address the envelope to Attn: Tenant/Occupant?

The tenant’s name and address must be indicated on the mailing. The RRP Rule requires a renovator to provide the "Renovate Right" pamphlet to an adult in each unit. Therefore, the name and address of an adult occupant in each unit must be indicated on the mailing. The renovator must also retain a receipt of a certificate of mailing from the Post Office at least seven days before any renovation activities and retain a record of notification for 3 years. See 40 CFR 745.84(a)(2) and 745.84(a)(2)(ii).

Question Number: 23002-32363

Under the Pre-Renovation Education Rule, I have the option of using a certificate of mailing to notify the owner or occupant. What is the difference between a certificate of mailing and certified mail?

A certificate of mailing is a receipt showing evidence of mailing, while certified mail provides proof of mailing and delivery of mail. When using the certificate of mailing option, no record is kept at the mailing office and a receipt is not obtained when mail is delivered to the addressee. In contrast, the certified mail option provides a receipt to the sender and a record of delivery is maintained by the Postal Service. For additional information on sending the pamphlet via mail see FQ 23002-32363 above. If an individual chooses to mail the pamphlet, a certificate of mailing is the minimum requirement (see 745.84(a)(1)(ii) and 745.84(a)(2)(ii)). An individual utilizing the mailing option also has the option to use the certified mail process instead of the certificate of mailing.

Question Number: 23002-32364

When a unit is not occupied by its owner, 40 CFR 745.84(a)(2) states that the "Renovate Right" pamphlet must be provided to an adult occupant prior to beginning any covered renovation activities. What does EPA consider an "adult" for these purposes?

For purposes of receiving the pamphlet pursuant to the pre-renovation education requirements, EPA believes that "adult" means a person who has reached 18 years of age.

Question Number: 23002-33372

Who Must Be Notified (e.g., Occupants, Owners & Special Property Types)

What are the pre-renovation education requirements for a vacant apartment?

Firms performing renovations must provide pre-renovation education to the owner of the unit and to an adult occupant. If the unit is not occupied, providing pre-renovation education to the owner of the unit is sufficient. EPA has prepared a document with additional information on these requirements.

Question Number: 23002-21374

My firm is going to perform renovations in a school during the students’ summer break. During the regular school year, the work area would fall under the definition of a child-occupied facility. However, no children under age six will be present during this multiple month break period. Do we still have to comply with the pre-renovation education requirements? If so, how should the information be distributed?

Yes. Even though the renovations will be taking place during a time when no children will be present, the building (or portion of the building) will remain a child-occupied facility. Breaks, such as those for summer or winter, are mere temporary disruptions in regular visits by children.

To provide the required information to the parents and guardian of children using the child-occupied facility, a firm must either (1) mail or hand deliver the pamphlet and the renovation information to each parent or guardian of a child using the child-occupied facility or (2) post informational signs describing the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they can be seen by the parents or guardians of the children. The signs must also be accompanied by a posted copy of the pamphlet or information on how interested parents or guardians can obtain a free copy from the renovation firm.

Question Number: 23002-19753

If a renovation is to be performed on a private balcony of a single unit in a multi-unit target housing building, does that activity trigger the common area notification requirements?

A determination of whether the balcony renovation falls within a common area depends upon the scope of the renovation activity. A common area is a portion of a building that is generally accessible to all residents/users. Thus, if the work area established to contain dust and debris from the renovation activity is entirely within the confines of the private balcony, then the renovation is not generally accessible to residents/users, not within a common area and therefore not subject to the common area notification requirements. However, if the work area is not entirely within the confines of the balcony (e.g., the renovation will result in the release of dust, paint chips, or other construction debris to the ground and spaces beneath the balcony), the firm must comply with the pre-renovation education requirements for common area renovations.

Question Number: 23002-32358

In a typical co-operative apartment building, occupants do not own the individual units; rather they "own" an undifferentiated share in the entire building and then "rent" back a specific unit from the co-operative corporation. Similarly, in a typical condominium building, owners of individual units jointly own the common areas of the building. For purposes of the pre-renovation education requirements, who are the "owners" in such situations?

EPA recognizes that co-operative apartments ("co-ops") and condominiums ("condos") can be structured in a variety of ways. For example, in the case of co-ops, a corporation (sometimes referred to as a "co-op association") is often established and owns all the units and common areas comprising the co-op; in such circumstances, individual unit "shareholders" own shares in the corporation and also own occupancy rights or lease a unit from the corporation. In the case of many condos, individuals hold title to their individual units, and all condo unit owners jointly own the common areas (with a condo association established to represent the interests of all the unit owners).

For purposes of the pre-renovation education requirements, the following general principles will be applied:

(a) If title to a building is held by a corporation which leases back dwelling units to individual corporation shareholders, as in typical co-op apartment buildings, the corporation/association will generally be considered to be the "owner" of the entire building, and individual resident shareholders, or persons who rent from individual shareholders, will generally be considered to be tenants.

(b) In buildings where individuals hold title to specific dwelling units and jointly hold title to common areas of the building, as in typical condo buildings, the individual owners each will be considered to be the owners of his/her individual units, and the association (or its equivalent body composed of, or representing, the group of owners) will be considered the owner of the common areas of the building.

See the table below for more specific guidance on meeting the pre-renovation education requirements as they relate to various renovation scenarios in co-ops and condos.

Compliance with RRP Pre-Renovation Education Requirements for Cooperative Apartments and Condominiums
RENOVATION LOCATION	RULE REQUIREMENT	COMPLIANCE FOR CO-OPS	COMPLIANCE FOR CONDOS
Renovations inside Individual Unit	Deliver Pamphlet to Owner §745.84(a)(1) Deliver Pamphlet to Adult Occupant (Tenant) §745.84(a)(2)	Deliver Pamphlet to Co-op Corp./Assoc. or Property Manager Deliver Pamphlet to Resident Co-op Share holder or Adult Occupant	Deliver Pamphlet to Condo Unit Owner (Or Agent of Owner) If Condo is Leased, Deliver Pamphlet to Adult Occupant
Renovations in a Common Area	Deliver Pamphlet to Owner §745.84(b)(1) Deliver Notice to Each Unit §745.84(b)(2)	Deliver Pamphlet to Co-op Corp./Assoc. or Property Manager Deliver Notice to Each Unit	Deliver Pamphlet to Condo Association or Property Manager Deliver Notice to Each Unit

Notice of renovation activities in common areas can also be provided by posting signs. Signs must be posted while the renovation is ongoing and they must describe the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants.

Question Number: 23002-32362

Common Areas in Multifamily Buildings (e.g., Scope, Logistics & Frequency)

My firm performs renovations in large apartment complexes that often consist of several separate buildings. If a renovation is to be performed in a common area in one building, are we required to provide pre-renovation education to all tenants in all buildings?

When renovations are to be performed in common areas of multi-unit target housing, the RRP Rule requires that the firm notify in writing both the owner of the building and each "affected unit." See CFR 745.84(b)(1) and (2). Common areas are those portions of a property generally accessible to residents/users, and can exist on both the interior and exterior of the building.

Generally, the exterior of a building in a multi-building complex is likely to be accessible to all residents/users in all buildings. Therefore, if a renovation is to be performed on an exterior common area, all units would probably be "affected units" and require notification. Conversely, the interior of a building is likely only to be accessible to the residents/users of that particular building. If a renovation is to be performed in an interior common area of one building in a multi-building complex, then only the units located in that building would be "affected" and require notification.

Firms may choose to comply with this requirement by mailing or hand delivering the "Renovate Right" pamphlet and information to each "affected unit," or by posting informational signs while the renovation is ongoing describing the general nature and location of the renovation and anticipated completion date. For additional information on these options, visit Small Entity Compliance Guide to Renovate Right. As a practical matter, when "affected units" are difficult to determine, it may be easier or more efficient for firms to meet the pre-renovation education requirements by posting informational signs in the appropriate locations.

Question Number: 23002-19756

When renovating a common area in an apartment building, must my firm provide pre-renovation education to all tenants?

Yes. Firms performing renovations in common areas of multi-unit housing must comply with the information distribution requirements before beginning renovation activities. The firm must provide the owner of the common area being renovated (generally the building owner) with the Renovate Right pamphlet and obtain a written acknowledgement of receipt. The firm must also provide the occupant of each individual unit affected by the renovation with information describing the general nature and locations of the renovation and the anticipated completion date. The firm may comply with this requirement either by mailing or hand-delivering the pamphlet and information to each unit, or by posting informational signs while the renovation is ongoing describing the general nature and locations of the renovation and the anticipated completion date. EPA has prepared a document with additional information about these requirements.

Question Number: 23002-23854

I regularly perform renovations and repairs to common areas in a large apartment complex. Must I provide separate notice to the tenants for each one of these activities or is there any way to avoid such duplication?

EPA recognizes that neither residents nor owners/managers/renovators are well-served if duplicative notifications are frequently issued for similar renovation activities. There are several options owners/managers/renovators may use to most efficiently provide residents in both single-family and multifamily housing with the necessary information.

Informational Signs – Owners/managers/renovators may provide notice of renovation activities in common areas to affected tenants by posting signs. Signs must be posted while the renovation is ongoing and they must describe the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the "Renovate Right" pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to the occupants.
Category Notices – When renovation activities fall within distinct categories which are performed on a cyclical or recurring basis (e.g., hallway painting), they may be grouped into a single notice which describes the categories and provides a description of the locations affected. To fulfill the requirement for providing timing information for the renovations, owners/managers/renovators may either list the expected starting and ending dates, or employ one of the other methods for meeting the timing requirements described below.
Bi-monthly Notices – Section 745.84(a) of the RRP Rule requires that notifications be given no more than 60 days before renovation activities begin. To minimize the number of notices required, owners/managers/renovators may group all of the renovation activities expected to occur over a 60-day period into a single notice distributed bi-monthly (every other month). Renovation activities which were expected to occur within a given 60-day period, but which were canceled or postponed, would simply be addressed in the subsequent bimonthly notice. Including renovation notices in, or as an attachment to, a pre-existing newsletter is acceptable provided that the cover of the newsletter prominently indicates that lead-based paint renovation notices are contained in or attached to the newsletter.

Description of Renovation Timing

Section 745.84(b)(2) of the RRP Rule requires that notices contain the "expected starting and ending dates" of the proposed common area renovations. Although providing specific dates is preferable wherever possible, the Agency is aware that unexpected events or 50 circumstances often result in delays and/or cancellations of planned renovation activities. To provide sufficient flexibility without unduly compromising residents’ rights to information on the timing of renovations in common areas, owners/managers/renovators may employ the following terminology to address the following timing scenarios to avoid the needing to issue supplemental notices:

"On or about" – acceptable when the expected starting or ending dates occurs one week before or after the date given.
"Early [insert month name]" – acceptable when the expected starting or ending dates occurs during the first half of the specified month.
"Late [insert month name]" – acceptable when the expected starting or ending dates occurs during the second half of the specified month.
"Ongoing for the 12-month period beginning [insert month name]" – acceptable when the renovation commences within 60 days of the issuance of the notice and continues throughout the 12-month period. If an interruption of more than 60 days occurs anytime after commencement of such activity, a new notice will be required before the activity may restart.

Descriptions of Renovation Ending Dates

Due to the inherent difficulties in estimating the duration of many renovation activities, owners/managers/renovators are encouraged to make allowances for unexpected delays when providing descriptions of ending days under Section 745.84(b)(2) of the RRP Rule. Any estimated ending date with a rational basis is acceptable.

Question Number: 23002-32354

Must notifications for common area renovations always be provided to every unit in a multifamily housing complex?

Not necessarily. When renovations are to be performed in common areas of multifamily housing (i.e., those portions of the property generally accessible to all residents/users), the RRP Rule requires that each "affected unit" be notified in writing. See CFR 745.84(b)(2). As a general matter, all units in the housing are "affected unit(s)" and therefore must be provided with notice of a common area renovation.

However, in a minority of cases, certain areas of a property that meet the definition of common area may in fact be used almost exclusively by an identifiable subset of tenants. For example, a common area inside one building of a multi-building apartment complex is likely to be used exclusively by tenants of only that building. See FQ 23002-19756. If a renovation is to be performed on such a common area, EPA believes it appropriate to provide notice only to the truly affected units: the subset of tenant users.

Firms may notify residents/users either by distributing written notice to each affected unit or by posting informational signs. Signs must be posted while the renovation is ongoing and they must describe the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants.

Question Number: 23002-32355

Can notices for multifamily housing common area renovations be delivered to the mailboxes of dwelling units, or only to the actual units themselves?

Should a firm decide to comply with the pre-renovation education requirements by hand delivering or mailing "Renovate Right" pamphlets and notices, they may do so either through delivery of the notices directly to tenant units or through delivery to tenant mailboxes. If mailbox delivery is used, both hand delivery and delivery via U.S. mail are acceptable; however, U.S. mail deliveries must be sent seven days prior to the commencement of renovations and documented with a certificate of mailing.

As a practical matter, it may be easier or more efficient to provide notice of renovations in multifamily housing common areas by posting signs. Signs must be posted while the renovation is ongoing and describe the general nature and locations of the renovation and the anticipated completion date. These signs must be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants.

Question Number: 23002-32359

If a firm completely blocks access to a common area for the duration of a renovation, does the renovator still have to provide notifications to all tenants?

When tenant accessibility to a work site within a common area can be precluded for the duration of a renovation, EPA considers that work site to be temporarily excluded from the common area of the building for pre-renovation education purposes because it is not accessible to the residents and users of the building. To qualify for this exclusion, however, the work site must be in an area which is enclosed by a wall, fence, or other permanent or temporary physical barrier which truly prevents access by tenants and other building users. Rope, tape lines, pylons and similar work area designation devices which can be easily surmounted or bypassed are not acceptable barriers for this purpose.

Question Number: 23002-32360

If a renovation is to be performed on a common area in a pre-1978 building that contains a mix of studio apartments (zero-bedroom dwellings) and apartments with one or more bedrooms, what pre-renovation education requirements would apply?

With respect to apartments with 1 or more bedrooms, the renovator must provide written notification to an adult occupant of each dwelling no more than 60 days before any renovation activity commences (see 40 CFR 745.84(b)(2)). As a reminder, notice of renovation activities in common areas may be provided to affected tenants by posting signs. Signs must be posted while the renovation is ongoing, describe the general nature and locations of the renovation and the anticipated completion date, and be posted in areas where they are likely to be seen by the occupants of all of the affected units. The signs must be accompanied by a posted copy of the pamphlet or information on how interested occupants can review a copy of the pamphlet or obtain a copy from the renovation firm at no cost to occupants.

The studio apartments may be exempt from the RRP Rule since they fall under the definition of a zero-bedroom dwelling: a residential dwelling in which the living area is not separated from the sleeping area. The renovator is not required to provide the studio apartment occupants with notice of the common area renovation unless a child who is less than six years of age resides or is expected to reside in the studio apartment.

As a practical matter, occupants of zero-bedroom dwelling are likely to receive notice anyways, given the preference for providing notification for common area renovations by posting signs.

Question Number: 23002-32365

My firm is replacing windows in a condominium. Is this type of exterior work considered work in a common area, and if so, must other owners and occupants be informed about the job?

Exterior renovations of multi-unit target housing are considered renovations of a common area. A common area is a portion of a building that is generally accessible to all residents or users of the building. Renovations in common areas of multi-unit target housing, such as condominiums, must be performed in accordance with the requirements of the RRP Rule.

Question Number: 23002-19755

Responsibility When Multiple Contractors Are Involved

When multiple contractors are involved in a single renovation, must every contractor provide pre-renovation education? Can a certified firm assign its responsibility to a property management company?

All firms performing, offering or claiming to perform renovations are responsible for ensuring compliance with the pre-renovation education requirements of the RRP Rule. However, it is unnecessary for the same notifications and information to be given out repeatedly during a single renovation. Accordingly, a firm may discharge the task by reaching agreement on who will provide the required pre-renovation education, including an agreement to assign the task to a property management company. However, even with such an agreement in place, each firm remains responsible for ensuring that the pre-renovation education requirements are met.

Note: Firms may reach a similar agreement on who will prepare, retain and make available the necessary records. See 23002-18287.

Question Number: 23002-18349

Exemptions for Pre-Renovation Education

If a project disturbs 6 square feet or less of interior surface or 20 square feet or less of exterior surface, is it necessary for a firm to comply with the pre-renovation education requirements, such as distributing the pamphlet?

No. A project that disturbs 6 square feet or less of interior painted surface or 20 square feet or less of exterior painted surface is not considered a "renovation" under the RRP Rule. It is considered a minor maintenance and repair activity. As long as this type of disturbance does not involve any prohibited work practice, window replacement or demolition of painted surfaces, a firm need not comply with the pre-renovation education requirements.

Question Number: 23002-18346