RRP enforcement is well underway for contractors and landlords in Massachusetts. Every month we check the Mass website to follow up on the RRP enforcement activities of the Division of Labor Standards. Last year the DLS said they would enforce the RRP Law even though they do not have a lot of resources to do so. It appears that they are following through on their statements.
In comparison the rest of the country the EPA is doing very little. RRP enforcement in EPA regulated states is non-existent.
Lead Safe Renovation Contractor (Certified Firm) registration still lagging
In an earlier post we reported that the number of companies and entities who have certified their firms is only 3100 companies. One contributing factor to the lag is the OSHA Lead in Construction Standard written into the Mass RRP Law. Companies with employees must provide proof of compliance with the medical monitoring and respiratory provisions in the standard.
Other contributing factors include contractor apathy, fear that homeowners will not pay for the increased cost, willingness to ignore the law by working non compliantly and a belief that it will not be enforced. The list of fined contractors below is evidence that at least in Massachusetts the RRP Lead Law will be enforced. To date 34 companies have been fined by DLS and published on the State website.
Any contractor or entity who wants to offer to work or work on pre 1978 residential properties or child occupied facilities must be follow the Mass RRP Law provisions. Here is a list of company types and entities who must follow the Mass RRP Law when work on pre 1978 properties falls under the rule.
Painters | Landlords who own and rent pre 1978 housing |
Window Replacement Contractors | Housing Authorities |
Remodelers and General Contractors | Colleges and Universities with target housing |
Roofers | Nonprofits who own pre 1978 housing such as halfway houses |
Insulation and Weatherization Contractors | Banks who own pre 1978 foreclosures |
Siding Contractors | Realtors who list pre 1978 foreclosures and direct work |
Handymen, Sole Proprietor Contractors | Property Management Companies |
Gutter companies | Carpet Installers |
Masons | Plasterers and Drywall Contractors |
Plumbers | HVAC and Heating Companies |
Electricians | Demolition Contractors |
Hardwood floor, tile contractors | House Flippers and Investors |
Companies need to apply for their Lead Safe Renovation Contractor License by completing the State application. Workers need to be trained by taking the 8 hour Lead Safe Renovation Supervisor Course.
Here is a list of the most recent companies fined for RRP Lead violations as posted on the Mass DLS website. The state link follows the chart.
CC-CP |
Lead |
9/10/12 |
LD-12-155 |
Boston XUZ LLC |
Weston |
$2,400.00 |
CC-CP |
Lead |
9/10/12 |
LD-12-156 |
HG Construction |
Lexington |
$2,000.00 |
CC-CP |
Lead |
9/10/12 |
LD-12-157 |
Santiago Perez |
Fitchburg |
$3,000.00 |
CC-CP |
Lead |
9/10/12 |
LD-12-158 |
Abe Schickel & Co., Inc. |
Watertown |
$5,000.00 |
CC-CP |
Lead |
9/10/12 |
LD-12-159 |
Dowd Properties |
Somerville |
$800.00 |
http://www.mass.gov/lwd/labor-standards/dls/news-articles/enforcement-actions.html
For assistance on what you need to do to get up to speed on the Mass RRP Law contact us.