New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This

Originally Posted by ChrWright

What we must all remember about those who give this training is that the RRP Rule is good for the environmental training business. That's not to say they're in bed with the EPA... but you're certainly not going to get a lot of sympathy from them.

Originally Posted by ChrWright

As I hope you've all been following, come April 2010 anyone who does any work in a house built prior to '78 will have to be certified in the new lead based paint regs (get caught and its a $30,000+ fine per day, per occurrence).

If you're not aware of it and you work in older houses, I highly recommend you get going on certification. More and more companies are being approved to teach the certification course (I believe at this time there are 22 companies approved) but I wouldn't wait until the last minute.

The requirements in the new regs are very stringent when it comes to renovation--and particularly painting. The bottom line is you'll have to raise your rates for just about any work involving an older house to deal with these requirements.

If you're looking to drum up some work, I'd highly recommend you send a letter to everyone in your database about this. Explain in broad strokes what the new regs will mean to them if they own an older home and motivate them to get going on any projects they may be considering.

I'll be going through certification with my people in October, but from what I've already heard we're not talking about a small increase here. Most people are more motivated by pain than they are pleasure--and showing them how you can save them money by moving forward now may help you get your calendar filled back up for the fall.

The EPA's fact sheet on the new rules:

Originally Posted by Danniboi

Is this just for the US?

Originally Posted by ChrWright

Yes, it is a United States Environmental Protection Agency rule.

Originally Posted by Danniboi

Ah I see sorry I diddnt know what EPA was. Is this to do with the Lead content in paints?

I live quite close to an ICI plant where they make paints etc, I remember this being a big thing but it was quite a while ago here in the UK, and I recall a small child had eaten some paint flakes I think in the US, the landlord had said it was all removed safely and repainted.

But sadly the young girl died, and the landlord got sent to prison.

Is this the same thing, sorry if I am way off!

Originally Posted by ChrWright

You are correct. The rule addresses lead based paint hazards from renovation, repair, and painting activities in homes/child care facilities built prior to 1978.

What are the rules like for you across the pond?

Originally Posted by Leo G

Thanks for that tidbit of information Darcy.

Originally Posted by rselectric1

I just sent them an email asking if the offer the required course. I'll let you guys know what I hear back from them.

Originally Posted by WarnerConstInc.

There was an article in sunday's paper here.

Found some odd numbers quoted in it.

With the numbers I read, it really only sticks to day cares, schools and homes where a child 6 or under lives for more than 60 hours a week.
That was quoted from the trainer in the article. I forget what I have read and re-read, is this info correct or not?
I dont work in too many houses that have kids under 6.

Ummmm, I used to do a bunch of property maintence, I don't suppose those guys will play by the rules. There is not any room to add on to those jobs and realistacly get a landlord to pay for the work. Hmmmmm.

Originally Posted by SLSTech

Opt-out is dead, even an owner has to get trained to do work on rental property

LEAD, the EPA, and You – a quick primer for Home Owners, Rental Owners, and Contractor’s regarding Renovation’s of pre-1978 houses

As I mentioned in a prior article, the EPA has released new regulations concerning LEAD in houses built before 1978. Unfortunately, there is still a lot of confusion out there on the subject and many contractors still don’t know this is coming. One quick example involves an ADECA class on weatherization projects for the Department of Energy that I attended this week. I ended up correcting quite a bit of the information stated or in some cases informing them of other items that were completely left out by the instructors.
As a quick FYI – this primer is being limited to residential single-family dwellings and the EPA guidelines on the training and certification part only. I plan on additional articles on many of the procedures and some known problems associated with this program shortly. Please also be aware that additional Safety and Health guidelines may apply to workers working with lead per OSHA while certain other government programs run via HUD, DOE, USDA, etc… may require requirements that are more stringent.
What is Lead and why should I care?

Lead is a natural material that is listed on the element chart. Its symbol is Pb with an atomic number of 82 and is still commonly used today. Ok, it is a natural material and still used so it is no big deal right? Well unfortunately, Lead happens to be a neurotoxin and can cause many disorders especially in young children. The main ways of getting Lead poisoning is via ingestion (children) and inhalation (adults).
The EPA, the program & deadlines:

Currently, before anyone starts renovating a residential building built before 1978, the contractor or property owner is required to have the owners and any tenants sign a pre-renovation disclosure form, which indicates that the tenant received the Renovate Right pamphlet.

Effective Earth Day 2010 (April 22nd, 2010) any contractor, or owner of a rental property (wishing to do work on the rentals) built before 1978 must have attended and became a Certified Renovator and utilize the EPA’s guidelines for houses containing lead. This applies to any repairs that are larger than 6 square feet inside the house, 20 square feet outside or replacing a window.

• Certified Renovators (CR) – is an individual certificate given to those that have successfully completed a one-day EPA approved course that started becoming available around September 2009. (Currently training has not been performed in this state but that should be changing around January. I received my Certification while attending the Remodeling & Deck Expo in Indianapolis)

Effective April 22, 2010 – all construction firms wishing to work (or are currently working on) on pre-1978 houses or appropriate structures MUST BE a Certified Firm and MUST USE Certified Renovators.

• Certified Firms – this is a form required by the EPA certifying that you fully understand the regulations and agree to use Certified Renovators as required. As a quick side note – the EPA has 90 days to approve your firm

Home Owners:

As a homeowner, you are not required to abide by the EPA’s policies for the removal and containment of Lead. Now even though you may not have to abide by the requirements, you are always responsible for the safety and well-being of your family. You may also be liable to any future homeowners should you sell your property.
Rental Property Owners:

Besides handing out the appropriate Lead brochure to your tenants like normal, you also have to become a Certified Renovator, follow the procedures, hand out the brochures and get signatures before work commences.
Contractors:

While you do not have to have anyone on your staff become a Certified Renovator, you are required to be a Certified Firm and use Certified Renovators as required. All firms needing to become certified should remember that the EPA has calculated that it may take them up to 90-days from receipt of the form to approve it. That means that the form & applicable fee should be sitting at the EPA no later than January 22nd.
More Resources

EPA’s LEAD Home Page
HUD’s LEAD Home Page
OSHA’s LEAD Information
HRC Article: LEAD Notice Requirement
HRC Upcoming Article: The Process of Remodeling a pre 1978 house

Originally Posted by Leo G

Thanks for that tidbit of information Darcy.

Originally Posted by WarnerConstInc.

All I am saying is everything you read, rather it be the epa's mumbo-jumbo or right from an interview with a trainer in the newspaper, all the numbers are different.

like I said, home where a child under 6 lives more than 60 hours a week.
I do a lot of work for empty nesters, they are well over 6 years old. Is it nessacary to do all the song and dance for them, the same way as if a child lived there?

Originally Posted by BCConstruction

I thought opt out was only dead for rental properties and owner cant give you permission because they dont live there? I can still work on my own home without the course being taken and work on houses customers give signed waiver to do work without course? EPA info still says this is still correct! Be nice to know what is and aint correct. Seems to be a lot of if's and but's!

Originally Posted by ChrWright

The opt out is for all intents and purposes already gone. The EPA's plans are to remove those provisions by the time the rule takes effect in April.

They certainly can't stop you from working on your own home. But homeowners won't have the option to allow you to do the work outside of lead-safe practices if they live in target housing.

I've said this before, I believe that is a violation of property rights under the constitution.

Originally Posted by ChrWright

The opt out is for all intents and purposes already gone. The EPA's plans are to remove those provisions by the time the rule takes effect in April.

Originally Posted by Tinstaafl

Chris, how the heck are we supposed to cope with this junk? I'll just yell at you because you're the messenger.

How do YOU know what the EPA's plans are, while they're bucking and heaving and pretty much obfuscating? Don't answer; that's rhetorical.

This is incredibly frustrating. While I agree with the necessity to do "clean work," and know that there have to be some sanctions for those who don't, it is patently absurd for me to have to pony up $300 (or whatever it is next week) for the EPA to acknowledge that I've promised to do that.

That's a money grab on their part, plain and simple.

And this so-called "training." If the information is so simple and superficial that it can be imparted flawlessly in a single day by some white-shirted yutz who probably never even worked in the field, I have a hard time seeing how the session can be worth a couple of hundred dollars. Unless they have an open bar.

Just more fingers in the pie. They could make that an online course costing $10 for the paperwork if they wanted to.

I want to be legal. I pride myself on being legal. But I'm not signing up for this horse hockey until I see it actually in effect and being taken seriously. If I have to skip a few jobs for the CYA factor, so be it.

Originally Posted by neolitic

I was addressing this part...
"From what I have heard
the EPA gets lists of all dumpsters pulled in
and can check on jobsites that way,"

Originally Posted by oldfrt

I got to agree with the decision to put a cabosh on the opt out.

It could become a loop hole for owners/flippers who will then sell to unsuspecting buyers.

Unless a prebuy inspection was conducted along the guidelines of the new rulings,the buyer could have a lead bomb dropped in his lap.
Don't think the banks want to see any new reasons for loss equity.

Is there any word out about banks wanting lead testing done before mortages or approved?