[MassHistPres] Fw: EPA NLIC Inquiry

[jade]

i sent an inquiry to the EPA hotline (see my question below) in the hopes of gettng clarification on whether or not the new lead regulations apply to ALL residences or just those where children under the age of 6 are living or frequently visiting ...

below is the response i received...it doesn't even address my inquiry but it did make my head spin.....

jade mortimer
heartwood window restoration


----- Original Message ----- 
From: Joanna 
To: JADE MORTIMER 
Sent: Sunday, April 11, 2010 2:10 PM
Subject: EPA NLIC Inquiry


Good Afternoon Jade, 

thank you for contacting the National Lead Information Center concerning whether the new regulation (RRP) apply to all residences.  

In the scenario where someone buys a home but no one lives in it before it's sold, the owner does not have to comply with RRP if the owner does his/her own renovations.  This work is considered do-it-yourself work.
If the homeowner is going to rent the home before it is sold the he/she would be covered by the rule.

For your second question, landlords are being compensated for work they perform in their properties because they are collecting rent.  Rent payments are considered compensation for renovations.  Below is a comment on the RRP rule and EPA's response which discussed this issue.
let me know if you have any questions about this.

Comment:   One commenter (0417) argued that EPA should define
compensation to expressly include
rent payments. The commenter noted that confusion over this issue in the past led EPA to issue interpretive guidance for the Pre-Renovation Education Rule on this topic. Another commenter
(ATL-0002) suggested that EPA define „compensation“ and questioned whether cash under the table would be considered compensation.

EPA response: EPA views the term „compensation“ in much the same way as the IRS does.
Compensation includes cash, checks, wire transfers, and services. Cash „under the table“ is certainly compensation. As stated in the 1999 Pre-Renovation Education Rule guidance referenced by the commenter, EPA also interprets the term „compensation“
to cover rent
payments by tenants, so do-it-yourself renovations performed by landlords in rental property they own are covered by the final RRP rule. EPA does not believe that a definition of compensation is necessary, given that renovation contractors and landlords have been responsible for implementing the Pre-Renovation Education Rule for a number of years. The guidance referred to by the commenter, combined with the discussions of the issue in the preamble to the proposed rule should be sufficient to inform landlords of their obligations.

For further information there are a number of informational documents available on our website (www.epa.gov/lead) under the additional resources link. If you have any further questions please feel free to contact us at 1-800-424-LEAD.

Sincerely, 

Joanna,
NLIC Information Specialist 

i continue to find conflicting information reqarding this issue:  do the new regulations apply to all residences built prior to 1978 regardless if there are children under 6 living or visiting on a regular basis?
EmailAddress:jade at crocker.com
Name:jade
Organization: heartwood window restoration
PhoneNumber:413-339-4298
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