My prediction is the Realtors by June will be throwing a fit about new rule, and just like the banks cannot choose their own appraiser rule, NAR will try to get it over turned and fail.
There is also a limited exemption for emergency repairs built into the law.
Yes, if they’re not certified.
Joe, that is correct. For example if a restoration company gets called in because of water damage and has to tear out walls they can do what they need to without following the guideline. As soon as the emergency is over they must start with the lead safe practices.
A renovator, according to EPA must be certified, not new news. The renovator does not have to conduct any testing prior to the renovation. After the work is complete the certified renovator will use special wipes to wipe down surfaces, he will than compare the surface of the wipe to a printed card furnished by EPA and compare the two. If the wipe does not match the color codes on the card his renovation work passes. NO THIRD PARTY required for Post Clearance testing at this time.
Does the renovator have to document the wiping results? If so, how is it documented?
That is an excellent question.
I am planning on documenting all of my jobs by taking digital pictures and burning them onto a disk which will remain in the clients file.
Unless it is a state or federally funded project, which could be public housing.
JLC is reporting that only 9,000 contractors are certified, nationwide. They report that EPA will still go forward and follow through with heavy fines and/or jail time for violators, since the word has been out for over two years of this pending deadline.
They are also reporting that, by April, the “opt out” clause is to be eliminated due to pressure from those threatening civil action against the agency for not fully enforcing the protection of pregnant women and children.
There are 150 certified trainers nationwide…and there are a butt-load of contractors with about a month to get certified.
I think this will create a new paid profession…people driving around with cameras photographing uncertified contractors on the job and collecting rewards from the EPA for a year or two for turning them in.
It’s going to be nasty.
Then there’s the local municipalities that will adapt local ordinances and get some of the $$$ action. I spoke with a contractor today who was told by a local community inspector that that’s what they’re gonna do to generate revenue and keep their inspectors busy.
I think you make a good point Linus, every time you pull a permit on a pre 1978 home this will come up> I wouldn’t be surprised if the local authority mandates your certification as part of the permit process. Similar to the electrician or plumber who has to produce their license.
I have worked in towns that require a copy of your driver license and is kept on file with the code enforcement office.
Only where permits are required…such as in 25% of my state.
Some municipalities are going overboard. I got a call today from a preservation contractor that I have done mold inspections for. A local town was not happy with results from the last 2 inspections(no mold present, no moisture problems in the home) and are now requesting asbestos abatement at the property. The development was built in the 1990’s. Asbestos?? I told the preservation contractor to ask the town for an asbestos survey which identified the asbestos containing materials. That should get them scratching their heads. Here are foreclosure mitigation guidelinesfrom their website.
Note to self: Do not every buy a property at Village of Romeoville.