Can a rental property owner perform lead abatement on an unoccupied residential property without meeting the abatement training and certification requirements?

Answer:  No. Persons wishing to perform lead abatements are exempt from the abatement training and certification requirements only if they meet all of the following requirements at 40 CFR 745.220(b):

1. The person is the owner of the residential dwelling.
2. The residential dwelling is occupied by the owner or the owner’s immediate family.
3. A child with an elevated blood lead level (EBL) is not residing in or occupying the residential dwelling.

The exemption in 40 CFR 745.220(b) is strictly intended to cover homeowners performing lead-based paint activities in their own homes. Whether the property is unoccupied or occupied by someone other than the owner or the owner’s immediate family at the time the lead-based paint activities are performed does not affect the applicability of the exclusion. The second criterion above is intended to exclude rental property. The exemption would not apply to homeowners performing lead-based paint activities in a house they owned and rented out to others. Additionally, the exemption does not apply to a homeowner’s residence when there is a child with elevated blood lead levels occupying the house. This third criterion was added in response to public comments on the proposed rule. The restriction was intended to protect the most sensitive populations, children with elevated blood lead levels, from potential lead exposure during lead abatements conducted by untrained homeowners. Therefore, landlords would only be eligible for the exemption when they meet all of the above criteria. Example: Mr. Smith owns Houses A and B, lives in House A, and rents out House B. He would be eligible for the exemption under 40 CFR 745.220(b) if he abated House A and did not have a child with elevated blood lead levels living in House A. Mr. Smith would not be eligible for the exemption if he abated House B, because he and/or his immediate family are not residing in House B. Even if Mr. Smith relocated the tenants during the abatement or waited to do the abatement when House B was between rentals, he still would not be eligible for the exemption for House B.

Question Number: 23002-33438

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