Posted by Mark Paskell on Wed, Aug 04, 2010 @ 09:37 AM
The recent Massachusetts takeover (7/9/2010) of the EPA RRP Lead Law is causing widespread headaches and confusion among contractors in the state. We have spoke with many lumberyards and building officials who are not aware of the changes. Many still believe that the EPA Memo of 6/18/2010, delaying enforcement of fines, is still in effect in Massachusetts. This is not the case. When Mass Department of Safety took over the law this nullified the EPA extension in the state. Currently any contractor who works on pre-1978 properties, who is not certified, is non-compliant. This change has caught many with their pants down and exposed to fines and work stoppages if they are caught. I spoke with a lumberyard today and they were under the impression that contractors have until 12/31/2010 to obtain the training. The fact is in Mass contractors must be trained now.
The Mass RRP Law adds additional provisions on top of the EPA RRP regulation. The Mass Law changes the provision for Certified Renovators presence on the job during lead safe practices performance. Under the federal law, the CR could leave the job and delegate the lead safe work to his job site trained workers. Under the Mass Law this is disallowed. This change creates a scheduling nightmare for contractors who have several jobs running at the same time. Many contractors will need to train all their lead carpenters if they want to run multiple jobs from now on.
RRP Practices on a Collision Course with OSHA Safety Practices
Mass has brought OSHA issues to the forefront in its revised law. The EPA RRP sanctioned training mentions OSHA practices but does not delve into the conflicting regulations. Training focuses on the RRP and Certified Renovators are instructed to research, know and be responsible for OSHA regulations when performing renovations on pre-1978 properties. In a recent post from Shawn McCadden these OSHA vs RRP conflicts in Mass are well described. Contractors will likely need additonal training and assistance to make sure they do not violate OSHA regulations while performing the RRP lead safe practices.
Certified Firm Application Nightmare
Contractors in Mass must now fill out a firm registration in the state of Mass different than the federal certified firm application. Contractors who fell for the 6/18/2010 EPA extension must now pay $375.00 to the state to be a certified firm. The federal certified firm application was $300.00. The new Mass Certified Firm Registration is only good for Massachusetts. If you are a contractor who works in other states you will need to also complete the federal certified firm application. The cost now will be $675.00 for a contractor that works in Massachusetts and New Hampshire or Massachusetts and Connecticut. OUCH!!!!!
Other factors causing contractor headaches
On 7/7/2010 the Opt Out Clause was removed from the law. No longer can homeowners elect to forgo lead safe practices if there are no children or pregnant women in the property.
Contractors must now provide a copy of the lead safe practices used on a RRP project and give it to the homeowner after the job is done.
Lack of consumer education and resources to enforce the law across the board are constantly brought up in our trainings.
Stay tuned for additonal posts on the moving RRP landscape.
mark the coach
RRP Training
Posted by Pete Caputa on Thu, Jul 22, 2010 @ 10:53 PM
On June 18th, 2010 the EPA posted a memo that delayed enforcement and fines for Firm Certification until 9/30/10 and Certified Renovator Training until 12/31/2010. This memo also stated that untrained contractors performing work on pre-1978 homes must follow and be compliant with the RRP Lead Rule. The content of the memo has caused a significant downturn in the number of contractors signing up for the mandatory training. Many lumberyards have told us that contractors think they have until next year to do training and many contractors are claiming that the law will be reversed. In Massachusetts putting off the training and certification is going to be costly for contractors.
Mass RRP Takeover Nullifies EPA 6/18/2010 Extension
Today we spoke with Patricia Sutliff, from the Mass Department of Safety, about the EPA FINE Extensions and are they recognized in Mass. The answer is NO. Per the DOS, Mass contractors who have not certified their firms and who have not obtained the required RRP training cannot work on pre-1978 homes where lead safe practices are required as of 7/9/2010.
We have heard many contractors say they will wait to get trained. We also have called over 1000 contractors who have been through our RRP Training Course and we have found that over 50% of the contractors have not Registered their firms with the EPA!!!
Certified Firm Registration Increased in Mass
In Mass, contractors will now have to pay $375.00 to Register their firms as opposed to the $300.00 fee they could have paid before July 9th, 2010. Mass will recognize any training or certification obtained or applied for before 7/9/2010. This is good news for contractors who became compliant on time.
Mass Lead Safe Renovation Contractor Firm Application
In addition, Mass contractors must obtain Certified Renovator Training immediately to be compliant with the new Mass Lead Law or forgo working on pre-1978 properties until they are trained. I learned of a project in Wellesley today that was paid a vist by the DOS. They found 5 men working on the house who said they were independent contractors. The DOS asked to see their documents. One independent produced his Certified Renovator License. The DOS asked if he certified his firm and he said no I will do it later. The DOS said Certify your firm within the week or stop working. Also the DOS said to the CR "all these other independents must certify their firm and sign up for a RRP training class immediately."
The enforcement effort has begun in Mass.
Mark the RRP Coach
RRP Training Dates
RRP Implementation Workshops