New EPA Lead Rule Requires Contractors to Be Certified

(Frank M. Carrio, CMI) #1

[FONT=Times New Roman][FONT=Arial]New EPA Lead Rule Requires Contractors to Be Certified[/FONT][/FONT]

Childhood Lead Poisoning Prevention Program
Published Date: 03/02/2010
Contact Information: Public Information Office
603-271-6526

Concord, NH – The US Environmental Protection Agency (EPA) has issued the Renovation, Repair, and Painting (RRP) Rule, which requires contractors to become EPA certified by April 22. The new rule applies to general contractors, renovation contractors, property managers, painters, plumbers, carpenters, and electricians who work on homes, schools, child care facilities, or other buildings built before 1978.

The goal of the new Rule is to have contractors trained in how to conduct renovation activities safely to reduce the risk of lead poisoning. Common renovation activities that disturb lead-based paint, such as sanding, cutting, and demolition, create hazardous lead dust and chips that may be harmful to children and adults.

The New Hampshire Department of Health and Human Services, Division of Public Health Services, Childhood Lead Poisoning Prevention Program is working with the EPA to distribute the information to contractors so they can register and become certified before the deadline.

“In New Hampshire, one in every three children who have an elevated blood lead level was poisoned from renovation work,” stated Dr. José Montero, Director of the Division of Public Health Services. “Working safely with lead by complying with the EPA RRP Rule will decrease poisonings by reducing the degree of lead hazards following renovation activities.”

By April 22, 2010, every contractor must register as a “Certified Renovation Firm” with the EPA. In addition, contractors must complete a one-day course to be a “Certified Renovator” and start providing their employees with hands-on training in lead-safe work practices.

Dangerous work practices on pre-1978 buildings, including power sanding, open-flame burning, and sandblasting on painted surfaces are prohibited by the rule.

  • Fines for violating the EPA RRP Rule can be :shock:up to $37,500.00 per incident. :shock:

  • To find an EPA accredited RRP training provider, go to www.epa.gov/lead or call 1-800-424-LEAD (5323).

http://www.dhhs.nh.gov/DHHS/PIO/LIBRARY/Press+Release/clppp_contractors.htm

(Ian A. Niquette) #2

Frank, is this nationwide or just New Hampshire? Guessing nationwide since it comes from the EPA, but just curious.

(James H. Bushart) #3

[quote="iniquette, post:2, topic:47500"]

Frank, is this nationwide or just New Hampshire? Guessing nationwide since it comes from the EPA, but just curious.
[/quote]

Nationwide.

(Nick Gromicko, CMI) #4

InterNACHI applied for and is awaiting EPA approval for our lead course.

(James E. Kiser, #3036) #5

[quote="gromicko, post:4, topic:47500"]

InterNACHI applied for and is awaiting EPA approval for our lead course.
[/quote]

Great, keep us informed as always

(James E. Braun, CMI) #6

[quote="gromicko, post:4, topic:47500"]

InterNACHI applied for and is awaiting EPA approval for our lead course.
[/quote]

Thanks, Nick

(Frank M. Carrio, CMI) #7

[quote="iniquette, post:2, topic:47500"]

Frank, is this nationwide or just New Hampshire? Guessing nationwide since it comes from the EPA, but just curious.
[/quote]

The EPA are "The Feds" so.. This is Nationwide. ;-)

(James H. Bushart) #8

I spoke with a state rep to see how this might be enforced.

I was told that the state will do nothing to enforce this, since it is a federally instituted program. He further explained that there is a $30,000 fine associated with violating the requirement and the way such EPA requirements are usually enforced is when one contractor in an area gets his certification....then turns all of his non-compliant competitors in to the feds. The subsequent fines and court costs will usually reduce the number of competitors. Kind of like HI Licensing laws....but with higher intellect.

(Peter C. Russell, NH licence #57) #9

I received my certification 2 weeks ago and I know one thing, my prices are going up in order to comply with this law.
Our instructor told us there where 150 new cases of lead poisoning in NH last year and one third of those where from homes recently remodeled.

And, if you work on a state or federally funded project you had better have your act together because upon completion you must get a clearance certification and you will fail if they detect 40 mg per square foot anywhere on the project.

And,for the guys who say they won't comply because it's a stupid federal law, good luck when you run into a sue happy homeowner that finds out your violating a federal law while working on their home.

(Linas Dapkus, CMI) #10

[quote="jbushart, post:8, topic:47500"]

I spoke with a state rep to see how this might be enforced.

I was told that the state will do nothing to enforce this, since it is a federally instituted program. He further explained that there is a $30,000 fine associated with violating the requirement and the way such EPA requirements are usually enforced is when one contractor in an area gets his certification....then turns all of his non-compliant competitors in to the feds. The subsequent fines and court costs will usually reduce the number of competitors. Kind of like HI Licensing laws....but with higher intellect.
[/QUOTE]

I was on a job years ago that this occurred. We were an out of state company that outbid all local contractors. To make a long story short, they did as Jim said, they called the Feds and filed complaints. Story here.

(Dan Bowers, CMI, ACI) #11

The new rule applies to general contractors, renovation contractors, property managers, painters, plumbers, carpenters, and electricians who work on homes, schools, child care facilities, or other buildings built before 1978.


What about HVAC guys, roofers, cabinetry guys, window installers, siding installers, etc??

(Linas Dapkus, CMI) #12

I would say the laws applied to any trade that "disturbs" lead containing products.

(Peter C. Russell, NH licence #57) #13

If your a contractor and disturb more than 6 square feet on the inside or 20 square feet on the outside the this law applies. Doesn't matter if your an electrician, carpenter, HVAC ETC

(Steven J. Wessler, CMI) #14

Mr. Russell,
Would this also pertain to in house maintenance people?

(Steven J. Wessler, CMI) #15

Would any member in Missouri, be aware of training in Mid Missouri?
Kansas City or St.Louis, 3 1/2 and 4 hours away.

(James H. Bushart) #16

[quote="swessler, post:15, topic:47500"]

Would any member in Missouri, be aware of training in Mid Missouri?
Kansas City or St.Louis, 3 1/2 and 4 hours away.
[/quote]

Contact the EPA. They started classes last October.

(Peter C. Russell, NH licence #57) #17

[quote="swessler, post:14, topic:47500"]

Mr. Russell,
Would this also pertain to in house maintenance people?
[/quote]

It says that if you receive compensation, and we were told that the owner of a apartment building doing renovations is receiving compensation because he collects rent.

So the owner could be the certified renovator and train his maintenance workers and oversee the work.

If your a handy man and your receiving compensation and you disturb 6 square feet on the inside and 20 square feet on the outside you have to be certified.

About the only people who do not have to be certified are homeowners working on their own home.

Now, as a certified lead renovator/general contractor I can train the subs I use all the time and oversee their work. Electricians, plumbers, HVAC ETC and they would not have to be certified. But if they do jobs on their own they would need the certification.

(Linas Dapkus, CMI) #18

[quote="prussell, post:17, topic:47500"]

It says that if you receive compensation, and we were told that the owner of a apartment building doing renovations is receiving compensation because he collects rent.

So the owner could be the certified renovator and train his maintenance workers and oversee the work.

If your a handy man and your receiving compensation and you disturb 6 square feet on the inside and 20 square feet on the outside you have to be certified.

About the only people who do not have to be certified are homeowners working on their own home.

Now, as a certified lead renovator/general contractor I can train the subs I use all the time and oversee their work. Electricians, plumbers, HVAC ETC and they would not have to be certified. But if they do jobs on their own they would need the certification.
[/QUOTE]

So as a general contractor, you are still ultimately responsible for any lead hazards your subs create.

(James E. Braun, CMI) #19

[quote="swessler, post:15, topic:47500"]

Would any member in Missouri, be aware of training in Mid Missouri?
Kansas City or St.Louis, 3 1/2 and 4 hours away.
[/quote]

I think NACHI is trying to get approved as a approved trainer.
Nick, please correct me if I am wrong.

(James E. Braun, CMI) #20

Nevermind, read post #4. I knew I read it somewhere.