Important Deadlines for Lead Laws and Lead Conformance Certificates in Rhode Island
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As a landlord or property owner in Rhode Island, staying informed about lead certificate laws is crucial. In this blog post, I’ll provide a comprehensive overview of the important deadlines, penalties, and processes related to lead conformance certificates.
Overview of Lead Certification Requirements
Lead Safe vs. Lead Free
Rhode Island is a “lead safe” state, allowing for encapsulation rather than full removal of lead paint. Encapsulation involves covering lead paint with non-toxic paint to meet safety standards. This applies to all properties built before 1978.
Important Deadlines
September 1: Rental Registry Deadline
All landlords must register their properties with the Department of Health. This includes providing contact information for property managers. Failure to register by the end of September will result in a $50 per unit per month fine.
October 1: Lead Conformance Certificate Deadline
All rental units must have a valid lead conformance certificate. Failure to comply by October 1 will result in a $125 per unit per month fine. Combined fines for missing both deadlines can total $175 per unit per month. Do you have a current certificate that is registered? Look it up here
Enforcement and Penalties
Enforcement has already begun, with municipalities using any housing violations as opportunities to request lead conformance certificates. Common violations include high grass or trash issues, prompting inspectors to check for lead certificates. The urgency to comply is not only due to the approaching deadlines but also because enforcement is active now.
Steps to Compliance
1. Inspection and Certification
Upon passing the inspection and dust wipe test, you will receive a lead conformance certificate. This certificate is valid for two years and must be renewed if the same tenant remains in place. If the tenant moves out, a new inspection is required.
- Visual Inspection: Ensure there is no chipping, peeling, or deteriorated paint. Focus on friction surfaces like doors and windows. I have a checklist that I’m happy to share with you that will help.
- Dust Wipe Test: Conduct tests to check for lead dust. Passing this test is crucial for certification. This is the step that my property failed in the initial test because the hallway was dusty. I highly recommend that you take the time to clean the hallways or hire someone to do that for you. I have my front and back common areas cleaned quarterly even though my tenants are technically supposed to clean their areas (guess what–they often don’t).
2. Cleaning and Remediation
If the initial inspection fails, thorough cleaning and repainting are necessary. Address any friction points to ensure compliance.
3. Certification Process
Upon passing the inspection and dust wipe test, you will receive a lead conformance certificate. This certificate is valid for two years and must be renewed if the same tenant remains in place. If the tenant moves out, a new inspection is required. You read that right—when the tenant leaves, even if they’ve only been there one year, a new certificate is REQUIRED.
4. Training and Certification for DIY Landlords
Landlords performing their own lead remediation work must complete an 8-hour certification course to comply with EPA regulations. Learn about the Lead Certification programs.
5. Financial Assistance
- Grants: Some cities and towns, as well as Rhode Island Housing, offer grants for lead remediation work. Eligibility may depend on income and other factors. Learn more at Rhode Island Housing
- Tax Credits: Rhode Island offers refundable tax credits of up to $5,000 for lead remediation work. To qualify, landlords must be Rhode Island residents and file their tax returns by April 15th. Learn more at RI Division of Taxation
Key Takeaways
Start the lead certification process as soon as possible to avoid penalties and ensure compliance. Regular maintenance and prompt repairs can help prevent lead issues and make the certification process smoother. Keep up with any changes in lead safety laws and regulations to ensure ongoing compliance. There are limited certified lead inspection companies in Rhode Island, with only about 35 inspectors for hundreds of units needing certification. This scarcity means landlords should act now to secure inspections and avoid delays.
For more detailed guidance, landlords can contact lead inspection companies like Lead Safe Inspections and Consulting Inc. or property management firms such as Stonelink Property Management. These professionals can provide valuable assistance and help navigate the complexities of lead certification.
Additional Information
I have compiled an ongoing Resource Guide that I’m happy to share with you. It’s actively monitored and updated and extremely comprehensive. Simply reach out to me to request access.
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