Posted by Mark Paskell on Thu, Jul 29, 2010 @ 09:43 PM
RRP Training in Massachusetts is heating up again. We have had many calls from contractors after they had site visits from the DOS (Department of Safety). The DOS is out enforcing the law. They are giving warnings and letting contractors know that as of 7/9/2010 contractors must be registered with the State of Mass and trained to work on pre-1978 properties.
Contractors Caught By Suprise
Many contractors believed that they had until September 30th to get certified because of the 6/18/2010 memo from the EPA delaying fines. Well that all changed on 7/9/2010, when the State of Mass was awarded delegating authority from the EPA to enforce and administer the EPA RRP Lead Law. Contractors who put off the training and certification are now deemed non-compliant to work on target properties.
RRP Classes
We have just scheduled classes at Brockway Smith in Andover, Mass on;
8/13/2010, 8/18/2010, 9/1/2010, 9/15/2010 and 9/30/2010.
Brockway Smith has hosted classes all year in an effort to bring this mandatory training to contractors in Massachusetts. Steve Fisher from Brockway Smith says " this is our way of giving back to the industry by making our training facility available and hosting this important training."
To sign up for training use the link below.
RRP Training in Mass
Mark the Coach
Posted by Mark Paskell on Sun, Jul 25, 2010 @ 09:41 AM
We are starting to see property managers and owners of pre 1978 rental housing sign up for our RRP trainings. The main focus for RRP training has been the residential contracting industry, with little promotion to individual property owners. It appears that property owners are starting to hear about the law. Property owners who own rental property built before 1978 must distribute the Renovate Right Brochure to their tenants. They must also use RRP lead safe practices if they disturb 6 square feet on the interior or 20 square feet on the exterior.
Are there enough trainers to train contractors and property owners?
The EPA estimates for the amount of companies to be trained nationally does not appear to include individual property owners who own pre 1978 rental housing. In the EPA Final Rule document they estimate that 211,000 companies will need to become certified. Already it is abundantly clear that the 211,000 number is woefully low. An article written in 2000 by Walt Stoeppelwerth, estimated that there were 800,000 contractors in America. This was before the boom and growth of the past decade. When you count contractors, trades, munincipal workers and the underground it is not hard to fathom that our industry has many more that need to be trained than reported. Now throw in property owners who own pre 1978 rental properties. The total count needing EPA RRP training may be potentially 2 million, 3 million, 4 million, 5 million, more?
Do you think there are enough accredited trainers to do the job?
If you are a property owner and have questions about EPA RRP training please contact me or view our RRP Training page.
mark the coach
Information for Property Owners of Rental Housing, Child-Occupied Facilities from the EPA Website
Property owners who renovate, repair, or prepare surfaces for painting in pre-1978 rental housing or space rented by child-care facilities must, before beginning work, provide tenants with a copy of EPA's lead hazard information pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers, and Schools (PDF) (11 pp, 1.1MB) | en español (PDF) (11 pp, 2.4MB). Owners of these rental properties must document compliance with this requirement; EPA's sample pre-renovation disclosure form (PDF) (1 pp, 53K) may be used for this purpose.
After April 22, 2010, property owners who perform these projects in pre-1978 rental housing or space rented by child-care facilities must be certified and must follow the lead-safe work practices required by EPA's Renovation, Repair and Remodeling rule. To become certified, property owners must submit an application for firm certification (PDF) (9 pp, 642K) and fee payment to EPA. EPA began processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application.
Property owners who perform renovation, repairs, and painting jobs in rental property should also:
Posted by Mark Paskell on Sat, Jul 24, 2010 @ 08:11 PM
In a recent RRP training in Southampton, New York a contractor yelled out "how am I going to survive when I have to compete against illegal immigrants and the local fireman contractor working illegally". In another training in Mass a painting contractor told us that he is getting killed in his town going up against local teachers and college kids with under the radar side businesses. In another training in Mass, a contractor says he competes against the whole town fire department on half of his window and siding jobs.
All too often we hear numerous reports of illegal contracting activity all over the region. The contractors in our RRP trainings tell us they are there to be certified because it is the right thing to do even though they are tight on funds from the economic slow down.
Since January, we have trained 3000 contractors in Mass and New York and we consistently hear the pleas for a level playing field and equal enforcement. The majority of the contractors fear lost projects from a homeowner who is all to willing to accept the lower price from the illegal contractor. Many doubt the local building inspector or state officials have the will or resources to enforce the rules and regulations on the books. They further doubt that the RRP lead rule will be enforced. The contractors cite overworked and under staffed building departments as well as the age old tradition of protecting the old boy network.
In our trainings we are constantly reminded that there are four groups that make up the underground contracting community.
Group 1; The contractor who elects to work with no insurance, under the table labor, no permit, cash payment so they don't have to pay taxes, no license, no certifications.
Group 2; the undocumented illegal immigrant contractor
Group 3; the local fireman with an illegal side contracting business
Group 4; the local teacher and college kids with an illegal side contracting business.
Legal contractors are paying thousands of dollars to comply with the rules and regulations to be a professional contracting company. These include but are not limited to; liability and workmen's comp insurance, building license, state registration, W-2 employees with matching taxes, OSHA training, proper classification of employees, pulling permits, paying taxes, and most recently becoming EPA RRP certified.
Legal contractors deserve a level playing field
There is no better time than now for our state and local officials to begin the crack down on all illegal contractor activity. It should not matter if it is an illegal immigrant contractor or the local fireman who chooses to own a side business without the required practices. Those who play by the rules deserve a level playing field. Maybe the RRP Lead Rule will give officials the tool they need to shut down illegal activity by imposing fines and work stoppages.
Comments from contractors in our RRP Trainings
We asked many of the contractors in our RRP trainings which group they think is the greatest threat to their livelihood and this is what we were told.
Group 2; The undocumented illegal alien contractor is one of the biggest threats. They are good at hiding and many homeowners are attracted to the rock bottom price. In addition group one contractors often pick them up at the local big box store or on the side of the road on an as needed basis and pay them under the table with no insurance or taxes.
Group 2 an 3; the local fireman or teacher who works on the side without the proper credentials. These groups cause the greatest angst among the legal contractors because;
1. The local fireman and teacher often use their profession and community reputation as a gage of trust to convince homeowners to hire them. Then they ask the homeowner to pay cash with nothing in writing. One contractor told us it goes something like this; "you can trust me, I am your local fireman or in the case of the teacher " I am the teacher who has your kid in class."
2. The local fireman and teacher are part of the old boy network and often buddies with the town inspectors and selectman.
One contractor was careful to point out that he also knows many fireman and teachers who have legal side business and they play by the rules. He went on further to say that a couple of legal contractor firemen he knows well, actually take issue with other firemen in their department who choose to work illegally.
I wonder how that dynamic works when they are all in the firehouse late at night with no fires to fight!
Which group do you think poses the greatest threat to your contracting prospects for business in your marketplace?
mark the coach
Posted by Mark Paskell on Sat, Jul 24, 2010 @ 01:56 PM
On Thursday the EPA announced that Hybrivet's Lead Check test kit will retain it's current recognition indefinitely. This EPA approved test kit is used in the EPA RRP training course for contractors. The EPA reviewed several test kits and deemed Lead Check was suitable for their needs. Many industry experts were anxious to see if the EPA would change the recommended kits leading to the potential that contractors would need to be retrained on a new testing product. This development should for the short term allay these fears.
The EPA states;
‘Because no new kits meet both the false negative and false positive criteria, EPA will continue to recognize the LeadCheck® test kit and the State of Massachusetts lead test kit. After EPA reviews the final report on Test Kit A, the Agency anticipates that this test kit will also be recognized as meeting the false negative criterion.’
Here is the link to the EPA report;
http://www.epa.gov/lead/pubs/testkit.htm
mark the rrp coach
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
Posted by Mark Paskell on Thu, Jul 22, 2010 @ 09:05 PM
Today we spoke with the Mass Department of Safety (DOS) and learned that they will be providing a flier for contractors on The Mass RRP Law for all building departments in the state. These fliers are being made and laminated for distribution and placement at building permit counters. They will be displayed prominently and building departments will be asked to share this information with contractors who come in.
Here is the flyer that will be posted at building departments;
RRP compliance notice to contractors from Mass DOS.pdf
The State of Massachusetts took over the administration and enforcement of the EPA RRP Lead Law on 7/9/2010. There are significant enhancements to the baseline EPA RRP Lead Rule that impact trained contractors. One significant change is the Certified Renovator needs to be on site and in control of the work at all times when the work is in progress. Formerly under the EPA RRP Lead Rule the Certified Renovator could leave after setup of containment and be within a few hours away. The work could then be done by employees who received on the job training described in the EPA Lead manual. In addition, the term Certified Renovator has been changed to Lead Safe Renovator Supervisor. This change along with several others will require persistent vigilance by all contractors who work on pre-1978 properties to insure that they are in compliance. More to come.
Mark the RRP Coach
Posted by Mark Paskell on Thu, Jul 08, 2010 @ 08:41 PM
I received a call today from a nice guy who had a similar mindset to a contractor I spoke with earlier this year. I thought I would republish my post Mr EPA Man and share the views of concerned contractors.
Post from January;
Today I received a phone call from a contractor who is gravely concerned about his future. This man was polite and sincere. His story has touched me and I am compelled to write it for him as I believe it may resonate with many hard working contractors who share the same concerns about the realities of complying with the new EPA RRP Lead Rule. To the best of my ability I convey his story to you.
Dear Mr. EPA Man,
Two weeks ago I was at the lumber yard buying supplies and I saw a publication about the EPA RRP Lead Rule. I was not aware of this impending law due to my busy schedule and family responsibilities. Now that I am, I will follow the law and apply for my firm certification and I have scheduled my Certified Renovator Training. I beleive that I must be a totally legit business. I pay my taxes, carry general liability insurance, carry workmen's compensation for my carpenters, pay my workers matching taxes, have my builder's license, obtain permits, follow the code, have my state registration and follow safe work practices as required by OSHA.
I am an average hard working contractor and I love what I do. I have a great wife, two wonderful children and do the best I can to be a good father, husband, employer and community man. I must confess it is extremely hard these days since the housing industry has been decimated by the mismanagement of our economy.
With that said, I spent the past week reading the law and the requirements on the EPA sites. I have learned what must be done in order to comply. I see an estimate of $35.00 per job in the EPA wording and I am troubled how such a number was conjured up.
I have listed the things that I will have to do comply with the practices. The costs are no where near what you claim.
First the training and certification is 300.00 for my firm and 900.00 for my employees. Second, I see I must purchase materials that will likely cost 600.00 to 700.00 to get started. Third, I see I must be extemely diligent about the documentation and I must keep records for three years. I do not know what this will cost but I know that I must create a new paper work and filing system to make sure everything is correct in case of an audit. My best guess is that the paperwork will add several hours to each project and the office systems will cost several thousand in developing the right system, training my office manager, training my staff and setting up office infrastructure. Fourth, I see that the lead safe practices which I can and will do, will impact productivity. Fifth I see that my subs will have to become certified and I am concerned will they or will I be responsible for them as well. Sixth, I wonder if my insurance will skyrocket. I called my agent and he said there is no insurance coverage for this. Only abatement coverage costing over $6000.00. Seven, I see that enforcement will be by the EPA and building inspectors are not part of the plan. Eight, will I have to compete against dozens of contractors who will fly under the radar and Nine how will I explain this additional cost to a homeowner who has no equity, is fearful of losing their job, and facing huge increases in taxes, health care and energy. Adding up the costs; priceless.
I love my country, my family and my work helping homeowners improve their homes. I have no union to fight for me and yet I see they get preferred status from a government that has forgotten me and the residential construction industry. I don't want a bail out only a fair level playing field. Our industry is decimated and the more I have looked into this new law I picture thousands of contractors not abiding by these rules due to inadequate funding for enforcement.
So would you please do something for me? I will abide by the law. Could you at least promise me that you will require all cities and towns to cast a wide net to prevent all illegal contractors from perfoming illegal work? Will you demand that all pre-1978 projects requiring permits also require proof of your firm certification and certified renovator training? Will you deputize building and health inspectors to locally enforce this rule? Will you demand that insurance companies come up with a fairly priced insurance products that will protect us against claims for essentially dust protection and not abatement?
Then at least I can have some confidence that my government is striving to maintain a level playing field and I won't be the only one doing what is right. I too believe in the spirit of the rule to protect children, pregnant woman, homeowners and employees from lead poisoning.
What concerns me is the timing and the likelihood of no enforcement or insurance causing me to lose my business and not be able to provide for my family. If everyone else has to comply then I will compete on even ground and then may the best company prevail.
From a legal hard working contractor, father, husband, taxpayer, and small business owner who loves helping homeowners improve their homes.
mark the coach
Posted by Mark Paskell on Fri, Jul 02, 2010 @ 08:46 AM
On 6/18/2010 the EPA issued a memo about enforcement delays. The Contractor Coaching Partnership has received numerous calls from contractors who are now more confused than before. One remodeler commented "does this mean I have nothing to worry about until the end of December?" Another said "does this mean I don't need to use mountains of plastic or buy a HEPA Vac until December?" Another said "see, I told you so, the EPA will never enforce this. It is just a scare tactic from government to get our money". A contractor from Boston said "the National Home Builders Association will force them to delay it or repeal it."
This recent development in the RRP Law, is causing many contractors to believe that they can put off the training and certification and still perform work with no worries until the end of the year. I fear that this false sense of security may expose uncertified and untrained contractors to severe penalties, if they do not use the mandated practices required under the EPA RRP Lead Law.
The memo specifically addresses the status of two items required by the EPA RRP Lead Law;
1. Firms will have until 9/30/2010 to complete the Certified Firm Application and receive their Certified Firm License.
2. Renovators must prove that they are enrolled in a EPA RRP Certified Renovator Class and they MUST complete their training on or before 12/31/2010.
The memo also states that contractors must follow lead safe practices. Even if a contractor has not been certified or trained they will still be responsible for knowing and following the EPA RRP Lead Rule. In other words, even though a contractor is not trained they MUST know and follow the RRP practices if they work on pre-1978 properties and trigger the rule! Does that make sense?
EPA FAQ Clarification on 6.18.2010 Delay Memo
In a recent posting on the EPA FAQ section, questions were posted and answered to clarify this. See the document below for clarification.
EPA+FAQ+about+June+18+Memo+Delaying+Certification+Enforcement.pdf
If you are contractor who is certified please pass this information along to those you know who are not. If you are not certified or trained, please read the memos carefully and prevent a situation where you can be fined.
Since 4.22.2010 there have been numerous changes to the RRP Lead Rule. In our RRP Implementation Workshop at Brockway Smith on Wednesday we covered many of these topics. The contractors who were present are Certified Renovators and Firms. Many of them were unaware of the recent developments. One workshop contractor said "I would like to think that I am well informed, but today I learned how little I really know about this law. I am shocked about all the changes in just 2 months".
Can you imagine how well informed uncertified contractors are at this point?
Stay tuned here to keep up on this changing landscape.
Another great resource for information on the RRP Lead Rule is Shawn McCaddens's RRPedia blog.
mark the coach
RRP Coaching