Contractor's News
March 1, 2010
IMPORTANT NOTICE
Dear Valued Customer:
On April 22, 2010 new regulations will be issued by the Environmental Protection Agency which will require that contractors working in homes built before 1978 must follow strict containment and clean-up procedures when encountering lead-based paint. Ignoring the new rules can result in hefty fines: up to $32,500, per violation, per day.
The EPA has made clear (in published form, see www.epa.gov/lead) what it expects contractors to do when they encounter lead paint in a home they are renovating, and how to document what they've done — as proof in the event of an audit.
But what remains unknown for the moment is whether or not any owners of pre-1978 homes will be able to "opt out" of safe lead-removal practices and whether or not at some point third-party inspectors will be required to verify that a jobsite is free of lead dust. The third-party inspection component seems especially intimidating.
The new regulations make contractors responsible for determining whether or not lead-based paint is present in homes built before 1978, for containing any dust or debris created in the course of a renovation, and for ensuring that the work area is free of lead-bearing dust particles when the job is finished. These also make it the contractor's responsibility to inform the homeowner when lead-based paint is present, to document that the homeowner was informed and that the work was done safely and at least supervised by a Certified Renovator (CR), that is, someone who has earned a certificate after completing an eight-hour course by an EPA-approved trainer.
To be able to work in homes where lead-based paint is present, companies must register with the EPA, and in order to register, the company must have at least one Certified Renovator on staff. What that means, in plain language, is that after April 22, if you are working in homes built before 1978 — when the government banned the manufacture and sale of lead-based paint — and your company is not registered, you're breaking the law. To find a certified Renovator training facility in your state you can go to: http://www.epa.gov/lead/pubs/trainingproviders.htm .
Assuming your company is registered and has a Certified Renovator on staff, here's what will be different after April 22:
1) In the first place, you'll need to know if the house you're working on or in was built before 1978. If the homeowner doesn't know, it's still your responsibility to find out.
2) If it is pre-1978, and the job you're about to do involves removing or disturbing paint, you'll probably need to test for the presence of lead in that paint. If the presence of lead is a near-certainty, you could save yourself the time and expense of testing by simply assuming that it is there and operate accordingly. In some markets — such as the Midwest and the Northeast — a large percentage of the housing stock pre-dates 1978.
3) In the event that your company is audited, nothing you do on any particular job to practice safe lead removal will mean anything unless it's documented. You are obligated to inform the homeowner if you find lead and have him or her sign off on it. Should the EPA or a state agency come knocking that too should be in the job file. For how long? At least three years.
4) Before beginning work you'll need to post warning signs indicating that lead-based paint will be disturbed on the jobsite. You'll then set up the job so as to prevent any lead-bearing dust from spreading through the house. This will involve putting down plastic sheeting on the floor and taping plastic "walls" around the perimeter of the work area, covering HVAC openings, and similarly wrapping or protecting the homeowner's possessions.
5) Burning or power-sanding lead paint, which releases lead into the air, is forbidden. Remove paint with approved chemical strippers.
6) When the work is complete, thoroughly wet- and dry-mop the area to remove any lingering dust from surfaces. Verify and document.
By not doing this you are risking a large percentage of your window business, 45% of the homes that get replacement windows today are pre 1978 homes that have lead in them.
Modern Builders Supply wants to help you get certified and grow your business, our
offer to our customers will be:
• For any Polaris-Modern Builders Supply customer that receives their lead certification from an accredited agency. The customer needs to save the
receipt from the training for their company filing and the crew certification. This is about $300.00 for the company being registered and about $200.00 for the class for a member of your organization to be certified.
• Once our customer purchases $25,000 or more in Polaris Windows from a Modern Builders Supply location - Modern Builders Supply will credit your account the cost of the certification up to $500.00.
Cost Containment
Here's what the cost includes:
1) Installer training and certification. For your company to be certified, you must have a certified installer on staff. Training runs from $250 to $350 for an eight-hour course resulting in certification.
2) Time spent containing the work area in a home where lead is present or suspected. In a window replacement job, for instance, that would involve the time it takes to lay or tape plastic sheeting in front of and around openings and to cover (or move) homeowners' belongings.
3) The cost of materials involved in containment and clean-up. That would include plastic sheeting, tape, a HEPA-vac cleaner, and clean-up materials.
4) The legal and administrative cost of incorporating lead-safe practice language into your contract and developing the paperwork you need to demonstrate that your company fulfilled its obligations under the law.
Recap of RRP Rule
What is it: EPA’s new RRP (renovation, repair, and painting) regulation aimed at contractors doing renovation work inside homes and buildings. The goal is to set-up jobs safely, minimize the creation of dangerous lead dust, and leave the work area clean and safe after project is complete. HUD also has adopted these regulations and has added a few additional rules.
Who’s affected: Any low lead generator working inside target homes (homes built before 1978) and child occupied facilities (schools, daycares, etc.) are required to comply (child is defined as under 6 years old). Low lead generators is defined as contractors who produce less than 220 pounds of lead waste/month working inside target homes & child occupied facilities.
When enforced: Currently, the new regulations take effect on April 22nd, 2010. This date may get extended, although no extension has been announced yet (think TV conversion from antennas). If contractors don’t get certified, they will not be able to work on renovation and HUD projects.
How to get certified: At least one worker/firm is required to take an 8 hour Lead Renovator course & firm is required to get certified with the EPA and pay $300 fee (5 year certification). Non-certified workers are able to work on RRP projects if they have been trained by a certified lead renovator (must be documented). Certified lead renovators are required to be present during set-up and clean-up of a project.
Why comply: Violating firms are subject to fines up to $32,500 fine per violation, per day. If violation(s) are deemed to be an intentional, fines can double to $65,000.
Other notes: The RRP regulation is mandated by the Federal EPA, but contractors need to check with local & state agencies to ensure there are no additional requirements.
Additional Resources:
EPA’s Renovate Right Brochure (contractors are required to hand this out to homeowner and/or tenants): http://www.epa.gov/lead/pubs/renovaterightbrochure.pdf
EPA’s Lead Safety flyer (good hand-out for contractors): http://www.epa.gov/lead/pubs/contractor_brochure.pdf
EPA’s Steps to Lead Safety: http://www.epa.gov/opptintr/lead/pubs/steps.pdf
EPA’s lead page: http://www.epa.gov/lead/
HUD’s lead page: http://www.hud.gov/offices/lead/
As we get more information on this new Lead-Safety Program, we will pass along the information. If you have any questions regarding this program, please contact your Modern Builders Supply sales representative, or customer service. As always, we thank you for your continued support of Modern Builders Supply and Polaris Technologies.
The above Notice is only intended as a Notification of upcoming changes in relevant federal laws. It is in no way intended as a legal opinion or professional advice concerning these changes. Nor is it intended to provide instruction on proper construction procedures or specific methods to insure your compliance with these new rules. Contractors are urged to research these new changes in the references provided and to contact a certified renovator training facility.
