Date(s) - Feb 21, 2024
8:00 am - 4:30 pm
Country Inn & Suites by Radisson
why it’s important for Property Managers to get this certification:
On November 4, 2021, the EPA announced that they were going to remove the specific questions directed toward Property Management Companies and explained their logic. Here is what they referenced as a new update: https://www.federalregister.gov/documents/2021/11/04/2021-24010/withdrawal-of-two-answers-to-frequent-questions-about-property-management-companies-and-the-toxic
Section II, E
addresses the original rule and that “a PMC that did not use its own employees “to do the work” would not have enforceable obligations under the RRP rule and, for example, would not need to ensure that lead-safe work practices were followed.”
But now “EPA now has experience implementing the RRP rule and understands there are circumstances where a PMC hires a renovation firm to perform the renovation, and also engages in activities such that the PMC also performs or offers to perform the renovation, and these circumstances are described in more detail in this notice.”
Section II, G
states that, “a PMC’s services may be strictly limited to leasing and rent collection. That circumstance would be unlikely to give rise to facts indicating that a PMC “performed” a renovation.”
Section II, G, Paragraph 3
continues “Whether the PMC uses its own employees to perform the work or hires an outside firm to perform the work, the PMC remains obligated by such an agreement with the property owner (and typically is compensated for fulfilling such obligations) to ensure that the renovation is performed.” (So even if the PMC does NOT use their own employees, they are responsible for the work.)
Section II, G, Paragraphs 4, 5 & 6
Explain the type of activities that would make the PMC responsible “When a PMC hires a firm for renovation, repair or painting activities, the PMC, as part of the business relationship with the property owner, is typically compensated for managing certain activities that are necessary or even integral to the performance of the renovation, repair or painting activity, including (but not limited to):
The PMC may even oversee or supervise the outside renovation firms, individuals, and contractors who are not the PMC’s employees but are doing activities that are recognized as part of the renovation in the RRP rule. The PMC may also coordinate the work schedules of the various outside contractors.
Compensation of a PMC by the property owner for any of these or similar activities may establish that a PMC is performing a renovation for compensation and must comply with the RRP rule, even if the PMC uses an independent contractor instead of its own employees to do the specific activities that disturb paint surfaces.”
Essentially what the EPA has said is that PMC’s, by virtue of 1) Obtaining Bids, 2) Choosing the Vendor, 3) Giving the Vendor access to the Property, or 4) Paying the Vendor now are responsible under the RRP Rules. This has dramatically expanded their liability.
If they are responsible, then they must also be a Certified Firm. The only way to become a Certified Firm is to have either an owner or employee take the class and become Individually Certified and then register with the respective State or EPA.
Most relevant to the specific question about who needs to be Certified is the fact that this person must be on the job site during the setup and cleanup portion of the job and is responsible for maintaining all of the records that prove compliance with these rules. In the class, they will provide all of the documentation to be able to do this. However, it is common that the maintenance person may not be the paperwork person. That likely means that the Property Manager is going to need the class so that they can ensure all of the documentation is created any time work is done in a pre-1978 unit.
Wednesday, February 21, 2024
8:00am – 4:30pm ET
Country Inn & Suites by Radisson
Bradenton-Lakewood Ranch, FL
5610 Manor Hill Ln,
Bradenton, FL 34203
Register Today. Class Sizes are Limited by EPA & State Rules.