[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR745.85]

[Page 477-478]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 745--LEAD-BASED PAINT POISIONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES--Table of Contents
 
               Subpart E--Residential Property Renovation
 
Sec. 745.85   Information distribution requirements.

    (a) Renovations in dwelling units. No more than 60 days before 
beginning renovation activities in any residential dwelling unit of 
target housing, the renovator shall:
    (1) Provide the owner of the unit with the pamphlet, and comply with 
one of the following:

[[Page 478]]

    (i) Obtain, from the owner, a written acknowledgment that the owner 
has received the pamphlet.
    (ii) Obtain a certificate of mailing at least 7 days prior to the 
renovation.
    (2) In addition to the requirements in paragraph (a)(1) of this 
section, if the owner does not occupy the dwelling unit, provide an 
adult occupant of the unit with the pamphlet, and comply with one of the 
following:
    (i) Obtain, from the adult occupant, a written acknowledgment that 
the occupant has received the pamphlet; or certify in writing that a 
pamphlet has been delivered to the dwelling and that the renovator has 
been unsuccessful in obtaining a written acknowledgment from an adult 
occupant. Such certification must include the address of the unit 
undergoing renovation, the date and method of delivery of the pamphlet, 
names of the persons delivering the pamphlet, reason for lack of 
acknowledgment (e.g., occupant refuses to sign, no adult occupant 
available), the signature of the renovator, and the date of signature.
    (ii) Obtain a certificate of mailing at least 7 days prior to the 
renovation.
    (b) Renovations in common areas. No more than 60 days before 
beginning renovation activities in common areas of multi-family housing, 
the renovator shall:
    (1) Provide the owner with the pamphlet, and comply with one of the 
following:
    (i) Obtain, from the owner, a written acknowledgment that the owner 
has received the pamphlet.
    (ii) Obtain a certificate of mailing at least 7 days prior to the 
renovation.
    (2) Notify in writing, or ensure written notification of, each unit 
of the multi-family housing and make the pamphlet available upon request 
prior to the start of renovation. Such notification shall be 
accomplished by distributing written notice to each affected unit. The 
notice shall describe the general nature and locations of the planned 
renovation activities; the expected starting and ending dates; and a 
statement of how the occupant can obtain the pamphlet, at no charge, 
from the renovator.
    (3) Prepare, sign, and date a statement describing the steps 
performed to notify all occupants of the intended renovation activities 
and to provide the pamphlet.
    (4) If the scope, locations, or expected starting and ending dates 
of the planned renovation activities change after the initial 
notification, the renovator shall provide further written notification 
to the owners and occupants providing revised information on the ongoing 
or planned activities. This subsequent notification must be provided 
before the renovator initiates work beyond that which was described in 
the original notice.
    (c) Written acknowledgment. Sample language for such acknowledgments 
is provided in Sec. 745.88. The written acknowledgments required in 
paragraphs (a)(1)(i), (a)(2)(i), and (b)(1)(i) of this section shall:
    (1) Include a statement recording the owner or occupant's name and 
acknowledging receipt of the pamphlet prior to the start of renovation, 
the address of the unit undergoing renovation, the signature of the 
owner or occupant as applicable, and the date of signature.
    (2) Be either a separate sheet or part of any written contract or 
service agreement for the renovation.
    (3) Be written in the same language as the text of the contract or 
agreement for the renovation or, in the case of non-owner occupied 
target housing, in the same language as the lease or rental agreement or 
the pamphlet.