SBMA - Legislative

Enforcement of the Environmental Protection Agency’s Renovation, Repair and Painting Rule has so far yielded three noncompliance claims against contractors, with the first dated May 6.

However, as noted in a summary of a recent webinar presented to remodelers by the National Association of Home Builders, the agency will be stepping up inspections in 2012 and following through on tips likely to lead to enforcement action. Don Lott, associate director of the EPA’s Waste and Chemical Enforcement Division, told webinar participants that the agency already has conducted 1,000 compliance inspections of job sites and contractor-training certifications, as well as audits of records that contractors must keep for projects requiring lead-safe practices.

The RRP rule applies to residential renovation, repair, and painting on properties built before 1978. Contractors, landlords, and property managers are subject to the rule, although individual homeowners and tenants doing work on their personal residence are exempt.

Collecting and culling tips
The EPA is enforcing the rule in all 50 states, although 12 states (Alabama, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah, Washington, and Wisconsin) administer the rule on their own.

One indication of the potential scale of enforcement action, NAHB noted, is that the EPA has been receiving an average of 400 tips a month (many of them submitted via the agency’s compliance and enforcement page) and has found that 60% of firms inspected so far have not yet been certified to perform RRP work. NAHB maintainson online database

on RRP compliance, training, and certification requirements.

NAHB says members can access for free a recording of the webinar – and download related documents and slides – on the group’s “Webinar Rewinds” page: http://www.nahb.org/product_details.aspx?forSaleID=9068

The material is available to nonmembers for $44.95.

EPA Lead Rule Goes Into Effect April 22, 2010

EPA's new "Lead Rule" takes effect April 22, 2010 requiring contractors, property managers and others paid to renovate structures built before 1978 to be certified by the U.S. Environmental Protection Agency. The rule could have a significant impact on dealers with installed sales operations and/or their contactor customers.

Our NLBMDA staff recently met again with EPA officials regarding the "Lead: Renovation, Repair and Painting" (RRP) rule expressing concerns over the lack of certified firms, trained renovators, and approved test kits that will be necessary to effectively implement the rule without significant disruption of home renovations throughout the U.S. According to the EPA, their objective is to have 1,000 accredited trainers in place before the deadline. Currently, EPA has only 123 accredited trainers and 6,501 certified renovators nationwide, numbers far too insufficient for the millions of renovations carried out annually.

In Brief:

Requirements for Renovation Contractors: Certification and Training Requirements

All firms performing renovation, repair or painting work on homes constructed prior to 1978 must become certified by the EPA. This can be accomplished by applying to EPA or to the State, if it has an EPA-authorized renovation program, and paying a fee.

Firms must have one or more "Certified Renovators" assigned to jobs where lead-based paint is disturbed. To become certified, a renovator must successfully complete an EPA or State-approved training course conducted by an EPA or State-accredited training provider.

All renovation workers must be trained. Renovation workers can be trained on-the-job by a Certified Renovator to use lead safe work practices, or they can become Certified Renovators themselves.

Exemption from the RRP Rule; "Opt-out" provision

The training, certification and work practice requirements currently do not apply where the firm obtains a signed statement from the owner that all of the following conditions are met:

The renovation will occur in the owner's residence;
No child under age 6 resides there;
No woman who is pregnant resides there;
The housing is not a child-occupied facility; and,
The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.

Firms Engaged in Renovation Work
Firms engaged in renovation work on homes constructed prior to 1978 that are not yet certified and do not have certified renovators are encouraged to start the process for securing both as soon as possible. Certification of firms currently takes EPA six weeks or more to process and approve.

Firm Certification/Renovator Training Information
Firms/contractors seeking certification please click here for more information.

Firms/contractors seeking Certified Renovator training please click here for a list of EPA-approved trainers.

Please click here to view the full EPA brochure, "Steps to Lead Safe Renovation, Repair and Painting."

Below are more websites that will give you addition information:

Small Entity Compliance Guide. A handbook for contractors, .... Page 3 is like a checklist of what a company has to do. http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf

EPA Facts About Lead (links to many resources) http://www.epa.gov/lead/

Information for contractors http://www.epa.gov/lead/pubs/renovation.htm#contractors

SAMPLE RENOVATION RECORDKEEPING CHECKLIST (effective April 2010) http://www.epa.gov/lead/pubs/samplechecklist.pdf

OSHA General Industry Lead Advisor 1.0 http://www.osha.gov/dts/osta/oshasoft/gilead.html

Are You Insured for Lead?

Don't assume that your general-liability policy covers you in the event of a lead poisoning suit

Source: REPLACEMENT CONTRACTOR Magazine, February 3, 2010

By Jim Cory

Imagine that your company is suddenly hit with a civil suit. The suit is filed under the Consumer Protection Act for violating Environmental Protection Agency (EPA) safe lead-paint-removal regulations. It alleges that unsafe work practices by those in your employ left a child severely learning-impaired. The client seeks punitive damages and medical costs totaling $1 million.

Unlikely? Don't bet on it. Up to this point, lawsuits filed on behalf of those injured by lead poisoning have had two targets: paint and pigment manufacturers, and landlords. Since 1987, scores of suits have been filed against manufacturers or former manufacturers of lead-based paint or pigment. More recently, many suits accuse landlords of being responsible for the effects of lead paint in the older properties they own. For this full article go to: http://replacementcontractor.com/industry-news.asp?sectionID=0&articleID=1186994

Giving our industry a clear voice in government is the SBMA political action committee, The committee acts as our industry's watchdog, maintaining close contact with influential legislators, and carefully following key pieces of national and state legislation which could have an impact on you day-to-day business. As a member of the Specialty Trade Association Council, SBMA shares the cost of a full-time lobbyist in Columbia, Raleigh and Nashville.

Equally important, the association gives you the opportunity to meet with our Senators and Congressmen once a year, at the National Lumber and Building Material Dealers Association "Conference with Congress." We realize many dealers have limited time to devote to political activities, SBMA political action committee is an effective means of monitoring the governmental process, so every member can take action on the most critical issues.

Use these links to contact YOUR representatives:

House http://www.house.gov/Welcome.shtml

Senate http://www.senate.gov/general/contact_information/senators_cfm.cfm