New Lead Paint Regulations Impact Senior Housing and Retirement Communities

28 June 2010 Publication
Author(s): Thomas K. Maurer Michael A. Okaty

Legal News Alert: Senior Living

The U.S. EPA Lead: Renovation, Repair, and Painting Rule (RPP) requires contractors to be newly certified as of April 22, 2010, if they are performing renovation, repair, and painting projects that disturb paint in certain buildings built before 1978, including buildings that serve as retirement communities. Among other things, the RRP requires contractors to follow specific work practices to reduce human exposures to lead.

Common renovation activities such as sanding, cutting, and demolition can create hazardous dust and chips by disturbing lead-based paint, which can be harmful to people. To protect against this risk, the EPA issued the RRP requiring safe lead renovation and maintenance practices and other actions aimed at preventing lead exposure.

Owners and operators of senior housing and retirement communities are responsible for ensuring compliance with the rule and have certain specific notice obligations to residents in buildings where lead paint may be present. Recently, the EPA has begun taking enforcement action against owners and operators for violations of these rules. Penalties include potential fines of $25,000 per day per violation and criminal enforcement.

Senior living community owners and operators should consult with their legal advisors on compliance with this new rule.

Legal News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our senior living clients and colleagues. If you have any questions about this alert or would like to discuss this topic further, please contact your Foley attorney or any of the following individuals:

Michael A. Okaty
Orlando, Florida

Thomas K. Maurer
Orlando, Florida

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