Posted by Mark Paskell on Sun, Jan 31, 2010 @ 01:31 PM
Yesterday on the linkedin NARI group contractor and remodeler John Clark implemented the lead safe practices according to the EPA RRP Certified Renovator course. He describes his challenges in excellent detail. This may be a glimpse of what is to come for remodelers. Please let us know if you have any similar stories out there. We will forward these stories to our contacts at the EPA to let them know the realities we will face complying with the rule. Here is John's excellent post;
This week, I completed my RRP Training on Tuesday. On Wednesday, I jumped into a remodel of a small bathroom in a ranch house that was actually a perfect test case of trying to comply with the RRP Rules. The house is occupied only in the summer. This allowed me to create a larger dust containment area by creating a plastic tunnel from the middle of the house to the exterior.
Prior to starting the complete demolition of the 6x8 bathroom, I went looking for coveralls or suits as required by the EPA. None of the lumberyards had any that would meet the requirements. I then went to a local Sherwin Williams and all they had, was coveralls with a hood, but none with feet covers built in. The ones that they had, cost $8.95 each. As an aside, I asked the Manager if he know about the RRP Rule. I got a blank look. I then explained what the rule would bring about. His response- "It's just another government scheme to get more money in fees from the trades"
Back to the job, after spending about an 2.5 hrs prepping and sealing this is what happened:
The suit lasted about an hour before it started to rip.
Putting tile into trash bags requires double bagging and many bags.
The same goes for drywall.
The suits hold in quite a bit of heat and restrict range of motion.
Door with slit and flaps kept falling down, I came up with a better way to fasten the top and sides of the barrier by cleating strapping onto the door trim.
This method will add cost, as the painter will have to repaint the trim.
Passing bags loaded with tile and drywall through a slit by myself is very slow and cumbersome. Some goes for larger pieces of lumber.
In training, the instructors said that anytime you leave the containment area you needed to perform a dry decontamination- I stopped doing this after repeated trips to my tool trailer and the dumpster- It go to a point where I was not sure if I was de-conned anymore.
I had forgotten to pull the toilet and sink before setting up the plastic barrier at the door and the cast iron tub? I had to move it to another area within the containment barrier, complete my demo and clean the entire job up before taking the plastic door down. Then the tub was removed for disposal.
Some Conclusions:
Expect to go through many coveralls if you want to avoid contamination of your clothing. The same goes for dust masks, I took mine off several times and set it down without thinking.
Demolition time will double or even triple especially in hot weather.
Bagging debris will be cumbersome and you will have to make many many trips to the dumpster.
The demolition phase will be the worse, but once your cleaned and verified then the job can proceed normally.
There is no question that it will be a challenge and costly to follow the EPA requirements for the new law. Yet, trying to get this law weakened will be an uphill battle. Personally, I am advocating that the law be changed to compel property owners to take more responsibility in ensuring that they comply with the law and hire only companies that are certified.
I just came home to open the front page of my local newspaper to find that our local town Selectmen approved a Stretch Energy Code, which from what I understand, takes the part of the MA building code that deals with energy efficiency and puts the requirements on major steroids. A local builder was quoted as saying that the new requirements could add between $10,000-$20,000 to the cost of a new home. Remodelers will also need to comply with the requirements. I am going to be calling the building inspector on Monday to find out what requirements impact remodeling.
So let's sum it up-
In the midst of a major economic slowdown, a major industry is expected to absorb the costs of meeting a federal mandate, accept the whims of local officials who want to be politically correct and then sit back while Congress decides to make growing beyond four employees impossible.
Posted 1 day ago | Reply Privately
Please share your story using the required EPA RRP work practices on your projects.
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Posted by Mark Paskell on Tue, Jan 26, 2010 @ 08:03 PM
We are asked every day about who must be certified under the new EPA RRP Rules. One common question is, do sub contractors have to be certified. See this recent answer from the EPA site about general contractors and subs.
From the epa web site; 2 questions
Question 1
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Does a general contractor need to get firm certification under the Renovation, Repair, and Painting (RRP) rule for renovations that are subcontracted to other companies? |
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Question 2 |
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Does a general contractor need to get firm certification under the Renovation, Repair, and Painting (RRP) rule for renovations where its employees are not present during renovations that are subcontracted to other companies? |
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Answer |
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Yes, a firm or general contractor that enters into a contract or is paid to perform a renovation must get RRP firm certification even if all of the work is subcontracted to other firms including independent contractors. Under the RRP rule, only firms certified by EPA may perform, offer to perform, or claim to perform covered renovations. Firms that perform renovations for compensation must use certified renovators (or, as appropriate, workers that receive on-the-job training). Therefore, general contractors that are paid by individuals or organizations to perform covered renovations must be certified firms and must ensure that a certified renovator is assigned to each renovation performed by the firm and that individuals performing renovation activities on behalf of the firm are either certified renovators or have received appropriate on-the-job training by a certified renovator. In the case of a general contractor that subcontracts out the work, EPA interprets the requirement that certified firms use certified renovators as being satisfied if the general contractor uses firms that are certified that in turn comply with the rule on behalf of the general contractor (such as assigning a certified renovator to the job). In this case, from the time that containment is established until post-renovation cleaning verification occurs, all general contractor and subcontractor personnel performing renovation tasks within the work area must be certified renovators or trained and directed by certified renovators in accordance with the rule. In addition, these personnel are responsible for ensuring the integrity of the containment barriers.
The work practice requirements of the rule, including cleaning and post-renovation cleaning verification, could be performed by any properly qualified individuals, without regard to whether they are employees of the general contractor or a subcontractor. However, both the general contractor and any subcontractors performing work within the work area established for the containment of lead dust and debris are responsible for compliance with this final rule, regardless of any agreements they may have made among themselves. |
To sign up for EPA RRP training see our EPA Training page for available dates in Massachusetts.
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Posted by Mark Paskell on Tue, Jan 19, 2010 @ 05:14 AM
On 4/22/2010 the EPA Renovate, Repair and Painting Lead Rule goes into effect. There are only 90 days left to complete the application to become registered.
Yesterday I spoke with many contractors who have not sent in their application to be an EPA certified Firm.
Have you sent in your firm application?
On 4/22/2010 all contractors who want to work on pre-1978 homes must be registered with the EPA. The turn around time for processing the application is 90 days on a first come first served basis.
This affects remodelers, electricians, plumbers, roofers, siding and window contractors, painters, alarm and it installers, tile installers, insulation, plasterers and any contractor who works on pre-1978 homes. It also includes property owners who rent apartments.
It is not necessary to complete the Certified Renovator training before sending in the application. The application is below.
If you know any contractors be their friend and ask them if they know about this new law. Ask them are they ready for the new EPA RRP Lead Rule which goes into effect on 4/22/2010. The fine for non-compliance is $37,500 per violation. Ouch!
If they need help they can call me.
EPA Lead Paint renovation firm application.pdf
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Posted by Mark Paskell on Sat, Jan 16, 2010 @ 07:46 PM
Last Wednesday we had Kachina Contractor Solutions, an EPA Certified Trainer conduct EPA RRP Training for our contractors. The training answered many questions about this new rule.
One question confusing contractors is does a contractor have to be a Certified Renovator before they can qualify to become a Certified Firm. The answer is no. The EPA started accepting applications in October 2009, from contracting firms who want to work on pre-1978 properties on or after the effective date of 4/22/2010.
This confusion is causing a huge problem for contractors in the industry. Many contractors believe that they must obtain their EPA RRP Certified Renovator Training first and then apply to become a Certified Firm. This confusion has led to delays in completing the required application for firm certification. We have received numerous phone calls this week from contractors who did not know they could apply.
The EPA has stated in their publications, that all contracting firms in the United States, who wish to work on pre-1978 must be a Certified Firm by 4/22/2010. The application will take 90 days to process on a first come first serve basis. This means that a contractor only has 3 months and one week to receive the approval if they send the application in today.
Does anyone remember the cash for clunkers program? The underfunded government agency handling this program was inundated and could not process all the applications. Payments were delayed for months. We may experience a similar situation come April when thousands of contractors may miss the deadline and have to wait for their firm certifications.
Most contractors, building officials and US citizens are unaware of the impending effective date. Our EMNARI President, Greg Antonoili recently reported that he spoke with several health and building inspectors in the Boston market and they had no knowledge of this new rule. What do you think is about to happen with only three months left? We suspect after speaking with the EPA, that they will be flooded and the turn around time will be limited by the amount of resources they have on hand to process the applications. If you are reading this please let all contractors you know that if they haven't sent in their application yet they should do so right away. Of course, if you haven't sent yours in yet we suggest you do this weekend. The fines for violations are $37,500 per day per violation. Another choice while you are waiting for your application to be processed, would be not to work on any home built before 1978 until you receive your approval.
The Contractor Coaching Partnership has included this form on our website along with other important forms. You can also obtain these forms from the EPA Lead sites. Their are numerous links on our site that you can use. We are providing the firm application download below.
EPA Lead Paint renovation firm application.pdf
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Posted by Mark Paskell on Sat, Jan 16, 2010 @ 03:07 PM
The new EPA Renovate, Repair and Painting Rule requires that both contractors and sub-contractors become certified. Many contractors think this won't affect sub-contractors, however it does.
First, the firm must fill out the application to become a certified firm. The fee for this certification is $300.00 and is good for five years. Secondly the sub-contractor must have a certified renovator on the job if their work disturbs more than 6 square feet of painted surface.( EPA Lead Paint renovation firm application.pdf )
The challenge facing remodelers and general contractors is that they will be responsible for all work on their project. In the event their subs fail to use lead safe practices the remodeler will be accountable. The liability risk is too great to not require that the subs have Certified Renovator Training.
In our training on Wednesday the EPA Certified Trainer indicated that we should let all our sub-contractors know of this requirement and encourage them to obtain the necessary certification and training.
The Contractor Coaching Partnership has two upcoming EPA RRP Training dates, In Westborough Mass on 2/8/2010 and in Taunton Mass 2/12/2010 hosted by National Lumber.
There is a lot of confusion in and around this industry changing regulation. We will continue to provide the most current information as it becomes available. We are in touch with the EPA on a regular basis and at our recent training met some of the Massachusetts Division of Occupational Safety officials who are taking a strong interest in helping the EPA enforce the regulation throughout the state. It has been mentioned that the state of Mass may eventually take over the program and administer from here in the state. Some states are considering this to keep control locally.
Stay tuned for more information. Sign up for this blog and you will be notified whenever we post information and news regarding the EPA RRP.
Meanwhile let all your subs know that you will need them to become certified to work on your projects.
mark the coach
Posted by Mark Paskell on Sun, Jan 10, 2010 @ 08:44 PM
Many contractors are starting to find out about the EPA Renovate, Repair and Painting Rule. Remodelers, and Trade Contractors are lining up their training and sending in their application to become an EPA Certified Firm.
What will contractors and trades do once they become Certified Renovators? Will they take the course and then think they are all set? How will they incorporate the training into their business?
Challenges
There will be many challenges presented after the training is done. The lead safe practices will require a careful analysis of how a contractor will run his business while complying with the law. The course teaches that we must always have a Certified Renovator on the job at the beginning and end of the day. Workers under his direction can be left, so long as they are trained and use the lead safe practices. What will happen if the CR is running multiple jobs that day and cannot be at each one? What will happen if the EPA is in the neighborhood that day?
Increased labor costs and employee rebuttals
How will you figure the cost when the use of disposable suits, plastic, booties, masks and gloves increases the time to complete the work? How will your employees deal with the new processes?
The trades will they comply?
The rule requires that trades like plumbers, hvac, electricians, painters, insulators and plasterers are also Certified Firms who use lead safe practices taught in the Certified Renovator course. How will remodelers and general contractors convince their subs to obtain their certifications? What if the subs don't? Will the remodeler or GC be responsible for compliance of the subs?
Keeping records in case you are audited
The rule requires that you maintain records for three years, that you use EPA approved forms and checklists, that you obtain signatures from the homeowner or the Renovate Right brochure and that you document all work performed. How will contractors do this without a paperwork system in place? Will they figure the administrative cost before they price the job or will they eat it? Will they risk keeping poor records and chance and audit by the EPA?
The rule requires that you use EPA approved hepa vacuums, plastic, test cards, disposable protective gear and protective barriers. Will contractors properly figure the cost of these items in the price before they sign the contract with the homeowner? Where will the contractor purchase these items, form many sources or can they find one?
Homeowners don't want to spend more money
Homeowners are currently price conscious and inherently distrust the contracting industry. How will contractors sell this new regulation to a homeowner who wants to spend as little as possible?
"Get the Lead Out" Workshops for Contractors and Trades
The above questions are only the tip of the ice berg. The Contractor Coaching Partnership is developing innovative strategies to help contractors and trades navigate this new landscape. Our "Get the Lead Out" Workshop series will be released in the next month. We are teaming up with Industry Specialist and Certified Renovator Shawn McCadden, CR, CLC.
If you are a contractor and have received your Certified Renovator training how are you going to implement this into your business? Do you have the strategies and systems in place to insure that you maintain your margins and realize a fair profit? Let us know your thoughts and maybe we can help.
mark the coach
Posted by Mark Paskell on Sun, Jan 10, 2010 @ 08:19 PM
We just finalized two new training dates for the EPA Renovate, Repair and Painting Certified Renovator Program. Our training on 1/13/2010 in West Boylston, Mass is sold out.
The trades that have to comply; remodelers, general contractors, painters, roofers, siding, window and gutter contractors, hardwood floor, tile and carpet companies, alarm companies, cable and IT technicians, plumbers, electricians, insulation contractors, plasterers, hvac, interior designers who do painting and wall finishes, property managers, and anyone who owns pre-1978 rental properties.
On 2/8/2010 we will be hosting Kachina Contractor Solutions for a one day training at the Doubletree Hotel in Westborough, Mass.
On 2/12/2010 National Lumber is hosting the one day training at the Holiday Inn in Taunton. The trainer will also be Kachina Contractor Solutions.
The demand for these courses is heating up as we approach the EPA deadline on 4/22/2010. All contractors who want to work on pre-1978 homes for compensation must fill out an application to be a Certified Firm and must use Certified Renovators trained by an EPA approved trainer.
Last week Shawn McCadden, Greg Antonoili and myself met with the EPA in Boston. (I will write a post about this meeting shortly) They assured us that this law will be enforced and contractors and property owners are required to comply. The fines for non-compliance can be well in excess of $30,000.00.
We recommend that you apply as soon as possible since the EPA turn around on firm applications is 90 days. That's only 3 and 1/2 months from now! You do not have to be a certified renovator in order to apply. In October of 2009 the EPA started accepting applications from firms.
If you have any questions about this important regulations check out our website for valuable links and free downloads about the rule.
mark the coach
Posted by Mark Paskell on Mon, Jan 04, 2010 @ 10:45 PM
We just received two new dates for Contractor EPA Certified Renovator Training. Our West Boylston training on 1.13.2010 is sold out in three weeks over the holidays. That was pretty fast. Likely this is a sign that training venues will be in high demand throughout the spring.
Today we confirmed two new dates for EPA RRP Certified Renovator Training; 2.8.2010 to be held in Metrowest between Boston and Worcester Mass, and 2.12.2010 in Taunton, sponsored by National Lumber.
The rest of the details will be posted in a couple of days. If you want to sign up and get on the waiting list please fill out the registration form on the website.
Talk to you soon.
mark the coach
Posted by Mark Paskell on Sat, Jan 02, 2010 @ 04:56 PM
Recently on the NARI LinkedIn group, professional contractors shared their views on the EPA's enforcement of the Renovate, Repair and Painting Rule. One huge concern is contractors who comply will have to compete against thousands of illegal contractors who do not.
Most question whether there will be a concerted effort by government officials to effectively enforce this rule. For starters, most contractors have no idea this rule will take effect on 4.22.2010. As far as homeowner awareness, it is somewhere between slim and none. In addition, most building inspectors are unaware and many that are want nothing to do with the enforcement. They say they have enough new regulation to deal with.
So why don't we ask the big boys to start using their immense market presence to publicize the EPA RRP Law to consumers and contractors in every store in America. Imagine if every Home Depot and Lowes painting department had a huge sign at the register warning homeowners and contractors about this law. Let homeowners know that it is illegal for any contractor in America to work on a home that was built before 1978, unless they are an EPA Registered Firm and will employ a Certified Renovator on the project. Also publicize what can happen if consumers hire a non-certified company to work on the property. Show the fine amount of $37,500 that illegal contractors can be fined for non-compliance.
What about Service Magic and other Lead Generation Companies who boast having reputable contractors. They can post the EPA RRP LAW requirements on their website for anyone that is looking for a contractor. After all, companies like Service Magic claim that they only send out Certified, Licensed, and Reputable Contractors to consumer's homes. Let's ask Lead Gen Firms to require that they ask homeowners how old the house is. If the house is pre-1978 then inform the homeowner that only EPA Registered Firms who employ Certified Renovators can work on the home for projects that disturb the minimum square feet of painted area.
Is this too much to expect from companies who receive millions of dollars from contractors in the residential industry?
I think not. What if every contractor asked their local Home Depot, Lowes, Lumberyard and Painting supply store to publish the law at their counters? The stores can hand out a flyer explaining the EPA RRP Rule with every can of paint.
Let's ask Sherwin Williams and all paint manufacturer's to place information about the law on every can of paint.
Maybe this will help contractors and remodelers who decide to follow the rules. This grass root effort can help fill the void created by the EPA's inability to inform the public in the short term.
Lastly why not ask the leadership of NARI and the NAHB to persuade Home Depot and Lowes to publicize the EPA RRP Rule in every store in America. Isn't this only fair for all the business these associations give the big box stores?
What do you think? Can you think of any other grass root efforts?
mark the coach