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

 
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Old 02-08-2010, 09:38 PM   #661
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


yes,, I would really appreciate that RS,,,
Would you please ask them why are our insurance carriers have not been informed about this,,why aren't they concerned about this?? how do we protect ourselves, what type of documentation do we need, do we need to take visual documentation -? - maybe you can help clear this up for us- you have to admit - If it wasn't for Chris starting this- who would know about this?

How do you verify who's to blame should something go wrong with a clients health because of lead contamination ,I would think my IC would be on this already- wouldn't you??

Thank you RS
Brian

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Old 02-08-2010, 09:47 PM   #662
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Quote:
Originally Posted by Dave R View Post
In NC the listing agent has to give a Lead addendum to the seller and the buyer's agent has to explain it to the buyer on all homes built before 1978. Its the law here and has been for years. It's just assumed that any house built before 1978 has the possibility of having lead. Just common sense. It doesn't hurt sales of pre 1978 homes.

Dave, in CT it's the same. It doesn't hurt sales now because there are no stigmas attached to buying a house that may or may not have lead. Most people don't read the lead brochures I give them. I can explain it until I'm blue in the face. If they don't have kids, they don't care about the possibility of lead. I wouldn't recommend a house that has a known lead issue as the cost to remediate is very expensive. As soon as you tell them that they'll have to disclose lead whenever they do a remodel, or replace a window - that's all it will take. It also limits the buyer to couples with no kids who don't plan on having any in the future. It's really a money issue when you come right down to it. It will cost more to do a remodel and insurance rates will go up and property values will decline.

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Old 02-08-2010, 10:45 PM   #663
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


I got certified today.... wow. Lead poisoning is a very serious issue.... So is smoking, drinking, drugs, obesity, etc. It was mentioned several times that there is financial opportunity for us certified folks. Also said several times that all the extra cost isn't our problem, just pass it along to the customer.



I for one hate this "pass it along" attitude. I feel we are all paying for it one way or another.

I heard a guy say;

"I felt the class was a very informative & beneficial fear driven, socialistic conveyance of guidelines for us to better support & sell costly, unrealistic government style job practices to regular people."

I contain my jobs, I think containment is the responsible thing to do. I will test my projects for lead - then document - then notify, setup, cleanup, etc.

I'm not very happy about buying special hepa vacs & 6 mill plastic from "approved" environment stores only. Furthermore, I am not at this time planning on waring a particle suit to install a medicine cabinet in a old house.

But... I am also not going to break the law just to compete with rag tag hacks who are happily contaminating your neighborhood, enjoying the freedom & profitability of ignorance.

This was the smelliest spoonfull of bulls@#$ I have chosen to choke down in a while. I don't know what will happen when nobody is left to do the work - we're all too busy documenting each other vacuuming plastic.

This stuff always makes me think of the guys on a wooden seat jack hammering the canyons for the hoover dam - men getting a job done.

--------------------------> rant off <--------------------------

I would be happy to share what I have been taught to anyone with questions.
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Old 02-08-2010, 10:48 PM   #664
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Richard,

Many of the (already) Certified Firms and Certified Renovators have already considered the problem with lead disclosure.

Basically, many of the CF and CR will not test for lead, but will instead assume lead is there and then take the proper precautions. This way, the homeowner still doesn't know if they do or do not have lead ... thus, they don't need to disclose it.

This law is not about abatement or remediation of homes. It is only about taking certain precautions when renovating a home that may or may not have lead.

I'm not saying everything is roses ... just that panic is not needed at this time.

I think it is important for Realtors to get the facts and correct info, before they panic.
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Old 02-08-2010, 10:59 PM   #665
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


HITEAMS, that's good to know, thanks for the info. - I'm trying to stay calm - breathe in - breathe out!!! I think the timing of this stinks. It will have an effect on the industry in one way or another. I also think the real estate community will see it differently. It's been hard enough to make money in an industry that's been tanking for the last 3 years, then to have one more thing to throw into the pot. I'm guessing our forms will change also, and how we disclose.

ASMCHICO - very well said.
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Old 02-08-2010, 11:25 PM   #666
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Quote:
Originally Posted by ASMCHICO View Post
I got certified today.... wow. Lead poisoning is a very serious issue.... So is smoking, drinking, drugs, obesity, etc.

I'm not very happy about buying special hepa vacs & 6 mill plastic from "approved" environment stores only. Furthermore, I am not at this time planning on waring a particle suit to install a medicine cabinet in a old house.
Drinking may be serious to you. I feel that DWI is even more serious. DWI can harm (or even kill) others. In a way, that is how I see this new rule ... to keep certain folks from harming others.

Even so, I repeat that I haven't heard 1 Certified Firm/Renovator that likes this new law.

As far as buying special HEPA vac from approved stores ... haven't heard that one. As far as the rule stating using 6 mil plastic ... not sure I have seen that either. Nor have I've seen in the rule itself that you have to wear suits.

In my personal opinion, I think EPA is recommending wearing suits, but haven't seen it in the rule itself.

All of us will find that "our trainers" say different things then "other people's trainers". As Certified Renovators, we will have to group together and separate fact from fiction and law from recommendations.

Ultimately, the buck stops at the Certified Renovator. We are the only ones on the front lines and the only ones that will be ultimately held responsible. We need to group together ... find a consensus and help each other out.
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Old 02-08-2010, 11:43 PM   #667
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Quote:
Originally Posted by PrestigeR&D View Post
yes,, I would really appreciate that RS,,,
Would you please ask them why are our insurance carriers have not been informed about this,,why aren't they concerned about this?? how do we protect ourselves, what type of documentation do we need, do we need to take visual documentation -? - maybe you can help clear this up for us- you have to admit - If it wasn't for Chris starting this- who would know about this?

How do you verify who's to blame should something go wrong with a clients health because of lead contamination ,I would think my IC would be on this already- wouldn't you??

Thank you RS
Brian
I was already planning on posing your exact questions. Those are my concerns too.

I have already said this several times in this long thread re:Chris, but kudos again to him for starting this thread and keeping us updated pretty much daily with the latest news.

For those of you who haven't followed since the beginning, you need to know that he is fighting for us on a larger scale too. Some of you know what I'm talking about. Thanks Chris-KEEP GOING! (You too SLS! and some know the rest)
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Old 02-09-2010, 02:42 AM   #668
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Applicable regulations & thoughts below

Quote:
Originally Posted by hiteams View Post
As far as buying special HEPA vac from approved stores ... haven't heard that one. No such thing, did this trainer work for an "approved" store

Quote:
754.83 HEPA vacuum means a vacuum cleaner which has been designed with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be designed so that all the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it.
As far as the rule stating using 6 mil plastic ... not sure I have seen that either. Doesn't exist - all the reg calls for is...

Quote:
754.85
(2) Containing the work area . Before beginning the renovation, the firm must isolate the work area so that no dust or debris leaves the work area while the renovation is being performed. In addition, the firm must maintain the integrity of the containment by ensuring that any plastic or other impermeable materials are not torn or displaced, and taking any other steps necessary to ensure that no dust or debris leaves the work area while the renovation is being performed. The firm must also ensure that containment is installed in such a manner that it does not interfere with occupant and worker egress in an emergency.
Nor have I've seen in the rule itself that you have to wear suits. In my personal opinion, I think EPA is recommending wearing suits, but haven't seen it in the rule itself.
Hard to quote a regulation that doesn't exist - just be forwarned about OSHA (I would make sure they are available)

All of us will find that "our trainers" say different things then "other people's trainers". As Certified Renovators, we will have to group together and separate fact from fiction and law from recommendations.

Read the regulations - if it's not there, its not enforced by the EPA - but you may have additional items to consider as they relate to the State you live in & OSHA

Ultimately, the buck stops at the Certified Renovator. We are the only ones on the front lines and the only ones that will be ultimately held responsible. We need to group together ... find a consensus and help each other out.
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Old 02-09-2010, 08:16 AM   #669
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


HERE IS A QUETION:
If a homeowner chooses not to test for lead they don't need to disclose anything when selling their home? same as before,they check "not known" on disclosure forms.
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Old 02-09-2010, 08:27 AM   #670
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Quote:
Originally Posted by welterweight View Post
HERE IS A QUETION:
If a homeowner chooses not to test for lead they don't need to disclose anything when selling their home? same as before,they check "not known" on disclosure forms.
The homeowner does not get the choice to test or not to test. It is left up to the Certified Renovator. However, if the Certified Renovator does not test and assumes that there is lead ... follows the rule, then the homeowner never knows if there is lead or not and no disclosure is made.

Now, for another question on testing ...

The rule states that a Certified Renovator can make a determination if there is lead or not. They are required to follow the manufacturer's direction.

No where in the rule, does it say where plaster or drywall can't be tested. The manufacturer's instructions include directions for testing plaster and such.

Legally, can a Certified Renovator test on plaster, drywall and such? And if the test show negative, then can the Certified Renovator release the project to be done as normal?

Sean? Chris? Anyone?
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Old 02-09-2010, 08:44 AM   #671
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Thank you for passing our questions along RS - My biggest concern is how do I protect my company when I have a situation like this, and why hasn't my IC any knowledge of the new EPA reg. I am handing information to my client about EPA reg and I feel like I am handing them a loaded gun, and it's pointed at me should they get lead poisoning, or already have it before I even met them- just bad timing possibly.

I am VERY concerned about this and I am not working on any project that is going to put my clients, myself and my company in danger- period, until and I have some concrete information on what steps we need to take to protect ourselves. I think we all should be more than concerned about this and how it may affect our business practices.

Thank you again RS for passing our concerns on

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Old 02-09-2010, 09:27 AM   #672
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


i was just certified and there certainly is something the home owner needs to sign upon being given the pamphlet on lead. there is a box the customer can check if they DON'T want their home checked for lead.
if 10 years down the road everyone in the home gets lead poisoning and they blame toy,all you do is show the signed document that states they chose not to have their home checked for lead.
this totally absolves us from any legal problems.
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Old 02-09-2010, 10:15 AM   #673
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Quote:
Originally Posted by welterweight View Post
HERE IS A QUETION:
If a homeowner chooses not to test for lead they don't need to disclose anything when selling their home? same as before,they check "not known" on disclosure forms.
Correct - we just have to complete the renovation assuming lead is present (LEAD FAQ’s – To Test or Not to Test – that is the question)

Quote:
Originally Posted by hiteams View Post
The homeowner does not get the choice to test or not to test. It is left up to the Certified Renovator. However, if the Certified Renovator does not test and assumes that there is lead ... follows the rule, then the homeowner never knows if there is lead or not and no disclosure is made.

We do not get to choose - if you do test w/o the HO's consent you can get nailed for perceived loss of value
Quote:
745.90 (6) When requested by the party contracting for renovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint.



Now, for another question on testing ...

The rule states that a Certified Renovator can make a determination if there is lead or not. They are required to follow the manufacturer's direction.

No where in the rule, does it say where plaster or drywall can't be tested. The manufacturer's instructions include directions for testing plaster and such.

Legally, can a Certified Renovator test on plaster, drywall and such? And if the test show negative, then can the Certified Renovator release the project to be done as normal?

Sean? Chris? Anyone?
Good question but per the regs it has to be an approved test kit & the EPA is the arbiter on what is approved or not. I have yet to hear of anyone attending the CR class where that was not mentioned.

Is the EPA playing a little fast & loose with this one by not mentioning it on there web site - yes
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Old 02-09-2010, 02:38 PM   #674
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Sean,

745.90 (6) When requested by the party contracting for renovation services, must use an acceptable test kit to determine whether components to be affected by the renovation contain lead-based paint.

Interesting perspective you have. I will have to research more.

My perspective:

If you (Sean) have 20 guys working for you and 1 of them is a Certified Renovator ... or your hire an independent Certified Renovator ... that CR does not work for the homeowner. The CR works (either employed or contracted) for the Certified Firm (or hopefully CF)

If the homeowner approached him and asked for him to take a lead test ... the CR would have to refuse. This is because the CR does not work for the homeowner.

The CR is the only one who can do the testing. Of course, the homeowner could get a lead inspector to do it, if they really wanted it.

Another perspective:

The CR has to act as an independent individual. Best way for me to explain it, would be like a quality control/assurance person. While he/she works for a company (like a machine shop) ... their ultimate responsibility is to only pass a good product. If the company or CEO comes in to ask the quality control person to "go ahead and pass" a bad product ... the QC person is expected to refuse (even if it means getting fired).

If the warning sign is not placed up (according to the RRP Rule), then the CR is to be blamed and most likely, the EPA will be going after the CR ... not necessarily the CF.

Just thinking out loud
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Old 02-09-2010, 02:48 PM   #675
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Sean,

Another thought ...

If a CR of an exterior paint project started testing and on the first spot, found lead ... couldn't that CR stop the testing ... start doing the job to RRP Rules and not fill out the test kit records? This way, the homeowner doesn't know if there is lead or not.

On the other hand ... the CR test all areas and find no lead ... then the CR completes the test kit records and then the homeowner knows there is no lead (at least in the test areas) and still doesn't have to disclose (or can disclose that no lead was found).
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Old 02-09-2010, 05:18 PM   #676
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Let me think for a sec... NO NO & NO

A CR works for a CF - true but both are working under a contract issued by the contracting party - the Homeowner

At the time of sale - the HO has a choice - test or assume lead is present
If they opt for the test, I would write that up as a seprate contract - based on the results I would write up the final contract

The Lead Inspector question - that is a third option the HO can do - but it should be concluded before the sale is done & you will need the results - positive or not

Now on to the test - if you test, you are to disclose the results within 30 days to the HO - period

Now onto the space suits scared them & now they want a test done - they can have it done, but that would be through the CF as only a CF can write a contract on target homes, etc... I would have them sign a seprate contract for that. Personally, if they are that worried they should have a blood test done
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Old 02-09-2010, 07:55 PM   #677
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Sean,

Respectfully disagree.

On a side-note ... according to Renovate Right, the homeowner can do the lead test.
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Old 02-09-2010, 08:20 PM   #678
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


Fair enough - not sure what part your disagreeing with but thats ok

Yes a HO can do a test but it doesn't count (except for the fact that they are supposed to disclose the reports), but unless you have a certified inspectors letter / report saying no lead is present (meet criteria), or you have tested for it (with the owners consent) & found no lead is present you have to assume lead is present - pretty simple
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Old 02-10-2010, 03:04 PM   #679
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


rsElectric -- Did you take the RRP training today -- somewhere i think i read you had scheduled it for 2/10 in the illinois area?
With whom did you take it? rrpreno.com for $250?
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Old 02-10-2010, 07:19 PM   #680
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Re: New EPA RRP Rule Takes Effect April 2010--ALL Trades Need To Understand This


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rsElectric -- Did you take the RRP training today -- somewhere i think i read you had scheduled it for 2/10 in the illinois area?
With whom did you take it? rrpreno.com for $250?
Yes, I took the class today.
http://www.rrprenovatortraining.com/index.htm
I went to the class in Elgin. Cost $250

It was actually taught by Nari Rich (poster on this thread)

It was quite interesting. Lots of stuff to go through in 8 hours. Rich did a nice job.

Re: our insurance, he feels it will not affect our rates. Time will tell.

It's all pretty much common sense, but are we ever going to burn through the plastic, and I would recommend buying stock in whoever manufacturers Swiffer products

I thought of a few more questions as I was driving home. Hopefully Rich will visit this thread so I can clarify some things.

Specifically, if we obtain a positive reading for lead in Illinois (only?) we cannot perform the work anyway. It must be done by an abatement firm. I'm a little unclear about that.
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