New EPA Lead Paint Rule Snags 1st Victim - Contractor Fined $63,000 By Epa.

Mike Finley

I posted information and questions about the new EPA lead based paint requirements a few months ago to very few responses. Either contractors aren't aware, don't care or just think they are going to ignore it. I'm not sure what the deal is, but the EPA just fined a contractor in New England $63,000 for violations of the pre-renovaton rule.

This ruling appears to be quite serious but the issue seems to be totally ignored by the contracting community. The ramifications of the requirements to stay compliant of this new law seem destructive to our industry.

How are contractors to function if they are basically required to wait 60 days for any renovation project to start?

What is going on? Does nobody know about this? Does nobody know that you're all going to have to become certified within less than 18 months or you can't continue your business?

rbsremodeling

Yes you have to be certified. There are two certs a Lead cert and a worker cert.

The classes here run 1K and 600 bucks each.

anything bigger than a 2x2 patch requires 60 day notification. We and all of our subs are taking the classes Dec-Jan

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RayGoerdt

That is insane!

Some times work can be started within a day or two of signing.

Bodger

Where can I get info on how to become certified?

Frankawitz

When I do a estimate for plaster repairs, I tell people that if their home was built before 1989 there is a chance there could be lead base paints, I also tell them there could be asbestoes too. I was not aware that there was a 60 day wait period or a pamphlet that I had to hand out, I have been telling people this for the past 5 years now. Just because I work in allot of houses built in the 1920's. I just finished taking the State of Michigan's Prelicensure Requirement Classes, and there was nothing about being certified for Lead base paints, I wonder what's next with the Government telling us what we can and can not do. Boy it's hard enough to make a living. This one could put allot of contractors out of business.

BreyerConstruct

Fortunately they picked a great time to start pushing this!

~Matt

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Mike Finley

Is anybody a member of a local builder's association like NARI or the like? Is this topic even being discussed? How the hell did this thing get as far as it has with no out-cry from our community?

Contractor Talk has how many members? Seems like we are missing the boat by not being able to use our clout to make a difference on something like this instead of spending out time arguing over which hammer is the best.

SLSTech

I am part of NARI - there are no local chapters around here. They have sent out a couple of informational emails (I never saw in there or the EPA's site where we had to wait 60 days) & one CE Class for those that wanted it.

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SLSTech

Back the train up - the contractor listed above had to get nailed for something else

http://www.epa.gov/lead/pubs/renovation.htm - the EPA's rules & regs for the new lead policy

http://www.epa.gov/lead/pubs/effectivedates.htm - effective dates of implementation - taken directly from this page

I got to buy a bunch of brochures still

June 23, 2008Unaccredited renovator or dust sampling technician training programs may not advertise or provide training leading to EPA certification

States, Tribes, and Territories may begin to apply for authorization

Persons performing renovations for compensation in pre-1978 child-occupied facilities (e.g., child care facilities, kindergarten and pre-kindergarten classrooms) must provide either Protect Your Family or Renovate Right to the owners and occupants before beginning renovations

Modifications to Pre-renovation Education Rule take effect:

1. Minor repair and maintenance exception changes to < 6 ft2 for interiors, 20 ft2 for exteriors. To qualify, the project cannot involve the use of high dust generating ("prohibited") practices or window replacement.
2. Emergency renovations specifically include interim controls performed in response to an elevated blood lead level in a child.
3. Persons performing renovations for compensation in pre-1978 housing may use either Protect Your Family or Renovate Right to comply with the existing requirement to provide a lead hazard information pamphlet to the owners and occupants of target (pre-1978) housing before beginning renovations.

December 22, 2008Persons performing renovations for compensation in target (pre-1978) housing or child-occupied facilities must provide Renovate Right to the owners and occupants before beginning renovations.

April 22, 2009Training providers may begin applying to EPA for accreditation to provide renovator or dust sampling technician training.

Persons seeking certification as renovators or dust sampling technicians may take accredited training as soon as it is available.

October 22, 2009Firms may begin applying to EPA for certification to conduct renovations.

April 22, 2010Renovations in target (pre-1978) housing and child-occupied facilities must be conducted by certified renovation firms, using renovators with accredited training, and following the work practice requirements of the rule.

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rbsremodeling

Yes Nari here is discussing it. It was brought up earlier this year and they are stressing the need for everyone to get the workers and subs certified.

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Meetre

On Rory's advice, I've been looking at NARI. One of the first things to jump at me is the lectures and training that they are offering to get certified for the new lead rules. I must have missed your previous post Mike, but thanks for bringing this up again. What great timing for this. Housing starts are at new lows, all the new construction guys moving into remodeling to get ends to meet, and bam! You're not lead paint cerified! This could end up costing a lot of people a lot of money.

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Mike Finley

Good way to look at it, lemons into lemonade!

silvertree

Being a NARI member has its advantages. Did not know about the 60 day rule (Seems goofy to me), but the classes have been mandatory here if you want to do government sponsored inner city repairs. Not a popular work to go after unless your a minority contractor. The pamplets have been available for a long time, and why not give them out. Homeowners might not read them, but they are cheap enough. The problem always is, its one more thing we will be paying for and one less thing unlicensed contractors will not be paying for. What else is new?

One more thing, Minnesota contractors must be certified before April 2010---------

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Mike Finley

Just got in the mail today the "Colorado's Pre-renovation eduaction rule" pamphlet

Looks like they are calling it the "Lead PRE Rule" - pamplet lists out the qualifications if you apply and what to do. So far all it says is you must distribute the pamplet "Renovate Right" to housing owners and occupants before starting work and retain records for 3 years.

Doesn't say what records is refering to.

Says excempt work is in housing for elderly or disabled persons unless children will reside there, zero bedroom dwelings, housing declared lead free by a certified lead inspector and emergency renovations or repairs.

SLSTech

The HO is supposed to fill out a waiver form, notice form, whatever - 3 Years
Test results - 3 Years

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Stevelsc8721

I took the lead course years ago from Nari, you were supposed to give homeowners the blue pamphlet and discuss the new rules that was years ago. Now a contractor gets this lovely fine ? How about fine everybody for breathing, now I here that farmers are going to have to pay a fee for each farm animal that belches and farts because it contributes to global warming. Al Gore and his crew making money

Now Obama, I'm glad I'm older now, I'm glad that we are now going to practice socialism take all our money, I'll just sit home and scam like everyone else does.

Where is my bailout money? I only need one billion I'm not greedy

WarriorWithWood

Do you have to purchase pre-printed pamphlets or does someone have a link to one I can print out?

EDIT: never mind I found it.

http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf

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ChainsawCharlie

Looks like you have to know them within 60 days of the start date, if my understanding is correct:


(a) Renovations in dwelling units . No more than 60 days before beginning renovation activities in any residential dwelling unit of target housing, the firm performing the renovation must:
(1) Provide the owner of the unit 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.

rbsremodeling

Well its official here now Mike

They sent all contractors an email today DEC 19 to be prepared and ready to apply the new rules by DEC 22


FOR IMMEDIATE RELEASE CONTACT: Alan Heymann (DDOE)
December 19, 2008 (202) 741-2136
Michael Rupert (DCRA)
(202) 442-4513

Washington, DC – The District Department of the Environment (DDOE) announced that beginning December 22, anyone paid to renovate residential housing or child-occupied facilities (such as daycare centers) built before 1978 must provide a new EPA pamphlet, entitled Renovate Right, to the owners and occupants. Both DDOE and the Department of Consumer and Regulatory Affairs (DCRA) have already begun making the Renovate Right brochures available to the public.

The brochure requirement begins the national implementation of a sweeping set of EPA regulations called the Renovation, Repair and Painting Rule, otherwise known as RRP. The rule establishes requirements for training and certifying individual renovators and renovation firms, to ensure that the work they do in properties that may contain lead paint is done safely, without generating lead hazards. The rule also establishes cleanup requirements for those whose work disturbs paint in these properties. The use of lead-based paint was not restricted nationally until 1978, and the bulk of the District’s housing was built before lead paint was banned.

“Properly containing and cleaning up lead paint is always crucial for the health of children and expectant mothers because we have so many older homes in the District,” said DDOE Director George S. Hawkins. “These new federal requirements will make the renovation process safer and keep homeowners more informed.”

Experts agree that renovation work, including such standard practices as paint maintenance and window replacement, can generate substantial amounts of leaded dust and debris.

“The dangers of lead are not limited to massive renovation projects,” said DCRA Director Linda K. Argo. “Even small home improvement projects can create a risk. But by following some simple guidelines outlined by the EPA, everyone can dramatically reduce exposure and safely complete their project.”

Awareness is growing nationally that exposure to even a small amount of lead-contaminated dust can cause significant adverse health consequences for young children. Pregnant women are also at high risk, because the lead they may ingest or inhale crosses the placenta and affects the fetus.

The Renovate Right brochure can be accessed here: http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf

Alan Heymann | Director, Public Information | District Department of the Environment
Office (202) 741-2136 | Cell (202) 669-5817 | Fax (202) 535-2881 | 51 N Street, NE, Sixth Floor | Washington, DC 20002
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Amber A. Sturdivant, RS

Environmental Protection Specialist
Lead and Healthy Housing Division
Compliance & Enforcement Branch
District Department of the Environment
51 N Street, 6th Floor
Washington, DC 20002
Phone: 202-478-2441
Fax: 202-481-3770

www.ddoe.dc.gov

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BSmart

There is an article in Remodeling magazine this month that talks about it. I have seen the pamphlets at the local Sherwin Williams, but didn't know about the new training stuff until I read the article. I am sure you can find the article online, it explained a lot of the stuff pretty well.