The new Federal 2010 Renovation, Repair and Painting Law (RRP Law)
Do folks know about this law that’s going into effect April 22, 2010? If not you might want to get dialed into it starting now because in many ways it’s going to be a game changer. Particularly for the smaller shops. This is a new law intended to protect consumers and the public from lead exposure and has been in the congressional development stages for 8 years and was put in motion last year to take effect in April 2010. The nickel version is as follows: On and after April 22, 2010, all compensatable renovations involving more than 6 square feet on an interior space and 20 square feet on the exterior of a residential and or child-occupied facility, built before 1978 must be tested for lead and lead based paints and all subsequent associated work performed by a Certified Renovator. The tests must be performed by a Certified Renovator using an EPA recognized lead test kits (http://www.epa.gov/lead/pubs/kits.htm)and subsequent documentation and work must follow and observe lead safe work practices as defined by the EPA law. To become certified, firms must submit an application to the EPA and pay a $300.00 fee (http://www.epa.gov/lead/pubs/firmapp.pdf). Renovators and dust sampling technicians must be trained and certified. Every job site must have one Certified Renovator assigned to that job site. Non-certified workers must work under the supervision and be trained on the job by the Certified Renovator. This individual Certification costs $250.00 per person. All construction debris containing lead and lead based paint and or dust will need to be contained during demo, double bagged and twisted/folded over and duct taped closed and disposed of according to applicable disposal rules for each state regarding hazardous materials. Clearance testing and documentation of the clearance testing is required when finished. Here’s a kick in the cajones. If companies are found to willfully not be in compliance. The EPA has the authority to seek civil fines of $32,500 and or jail time for EACH occurrence. They can also revoke the Certification of a firm who violates the RRP Rule and impose the fines and or jail time to non-certified contractors who are not aware or have ignored the requirements to become certified. If you do any renovations for HUD housing there are even more rules, restrictions and documentation. Check it out here: http://www.epa.gov/lead/pubs/renovation.htm In particular the section titled “Information for Contractors”. Don’t wait too long on this. Here in Washington State as of Oct 29th, 2009 when I took the certification training there were two training facilities in the state that were certified to do the required training. One was in Seattle and the other is in Bellingham. There are thousands of contractors/maintenance/handyman outfits and landlords in the state and each training class can only handle 8-9 people so you do the math about how messed up that’s going to be the closer it gets to April 22nd. BjR
Replies
Are the fees one time expense or reoccuring?
I dont do that much reno work, but I hate to not be able to at all, trying to decide whether to take the training here, or stay out of the older homes altogether.
I'll take that
Thanks to the
I'll take that
Thanks to the OP, I followed up on this more. Three weeks ago, I could not find out as much as I did this week.
The Fed certification is good for five years. Then refresher course time. I don't know ( neither did the instructor I spoke with) if there will be a new fee at that time.
fee to certify a "firm" is $300.
Training course first is done by each state or agency they qualify to do the training.
Here in Maine, the cost of the 8hr one day course is $70, He said they are getting a lot of guys from across state lines because in NH it is $295. I think he said our State has some subsidy paying part of the cost to keep it down and encourage people to take the training.
self employed individuals are considered a "Firm" so the $250 individual certification does not count.
I'm not even sure who would that apply to. Maybe a landlord.
My understanding is that the firm must be registered, and that an individual in each firm must have the training. I guess it goes further, each job must have an individual with training or one that is readily accessible by phone.
It is a little complicated Paul. If you want I can get the references.
Dave
I spent a whole day at EPAsite studying the references.
You have to have an individual in the firm trained and certified before you can have the firm register.
And while I keep hearing that a certified person has to be on the job at all times, that is NOT what the law says. It stipulates that he must be supervising and making sure all the clean procedures are being followed.
So if he has a good crew properly trained, the job can go smooth with him only showing up an hour or so a day to supervise, but if he has crappy people working on the job, he has to be there nine out of every eight hours barking at them to get it right or doing it for them, or firing their asses.
I'm just a small one man
I'm just a small one man shop/trunk slammer but lately I've been doing alot of historical renovations on pre 1900 homes in the Seattle Capitol Hill area and so I wanted to jump on this before the rush. So far my total cash outlay to get the required certifications and get in compliance has been the following:
$250.00 for getting certified individually to be the certified renovator on site.
$300.00 to certify my firm as an EPA Certified Renovation
Contractor.
$150.00 for 96 EPA "recognized test kits" from Lead Check. (these 96 kits will be easily used up quickly)
$200.00 for 100 of the mandatory EPA pamphlets that are required to hand out to ALL prospective clients and part of the client signed documentation that they recieved information on lead and remodeling. Here's a link to where to buy the pamphlets:
http://bookstore.gpo.gov/actions/GetPublication.do?stocknumber=055-000-00662-8
Type in "Renovate Right" in the search function to get to the page then scroll down until you find it. You can just copy the pamphlet but hell, in my experience I have a hard enough time getting people to read my contract let alone a black and white xerox copy of a new law that's sure to put them asleep before they sign anything. So I sprung for the glitzy printed ones in hopes it will give the issue it's due credibility and they will understand that this is a federal law that ALL contractors must comply with and I'm not just pulling this out of my azz to stick em for more money.
291.00 for 4 cases of Tyvek coveralls(100 garments) http://www.disposable-garments.com/products/Coveralls_with_hood_and_elastic_wrist_and_ankles/_MaxShield_Coveralls_w_Elastic_Wrist_Ankle_Attached_Hood_Case_of_25_Garments__p3273.html
$150.00 for the approved P-100 respirators for my crews
(this is just for one job so far BTW):
http://www.amazon.com/3M-50051131070023-6291-Respiratory-Protection/dp/B000FTEDMM/ref=sr_1_1?ie=UTF8&s=hi&qid=1260641005&sr=8-1
$1000.00 for the required HEPA Vac system: http://www.amazon.com/Powr-Flite-PF25HM-HEPA-Wet-Vacuum/dp/B002BFM05K/ref=sr_1_18?ie=UTF8&s=hi&qid=1260641151&sr=1-18
$4300.00 in man hours studying the manual, calling the EPA Lead Hot Line and the Washington State Department of Ecology to ask questions and preparing the documents and procedures to get in compliance.
For a total of $6641.00 dollars.
And that's just getting started gearing up to be in compliance. Does not count for the hundreds of garbage bags to double bag all the debris that will be coming out of this 9000sf house I will be gutting starting next May.
BjR
BjR, sounds like you're all
BjR, sounds like you're all over it. I'll probably have to hire you to supervise my jobs. Fortunately almost everything we work on is 1980s or later but once in a while we do an older home.
OK, so I followed the link that's supposed to tell me all about the "recognozed" test kits.
That link lists a grand total of two such kits.
One of the two is the Massachusetts kit, which is only availabel to those who are certified by that state. Since I don't live within 500 miles, that won't be me.
And the other "recognized kit "can reliably determine that regulated lead-based paint is not present on all surfaces, except plaster and drywall. " (the quote is from the EPA site linked in the original post.
So, I guess that most of us who renovate will have to limit all of our work to houses built after 1978 -- because the drywall or plaster might have lead, and we can't test for it using a recognized kit.
I wonder -- do you think that we'll all be able to get a government bailout when we go under?
You can get the recognized test kits on-line. I ordered mine from Lead Check and the cost was $150 bucks for 96 tests swabs. Part of the rub is you have to document that you used a "recognized" test kit as part of the documentation protocol. When I called and ordered mine I asked the guy taking my order if they were a publicly held company and where could I buy some stock and he laughed and said they might be considering it soon in order to generate the cash outlay to increase their manufacturing goals once this whole thing goes bang in April. Which suggests to me that there may be even an eventual shortage of test kits once 9 million contractors decend on the few approved vendors of this product requirement.
It's more than just plaster and drywall too. It's in painted trim, soldered copper and tin, light fixtures, pipes, and a truckload of other seemingly unlikely places.
BjR
I could not find a link to ordering test kits. The EPA site they would be announcing which are available by a certain date - I think it was Jan 2010.
I recall from my training about ten years ago, that there were NO swab kits available that were accurate re false negatives at that time. If only two are approved so far in all this time, I wonder if they are really accurate scientifically, or if someone just pocketed a nice side fee under the table to get them approved.
http://www.healthyhomestraining.org/RRP/LeadCheck.htm
Still not all that accurate - just approved.
Meaning the contractor still buys the liability.
I want to know what the General Liability and Worker's Compensation rates are going to be for a certified lead firm.
Will I have to be concerned with this if I'm replacing roofs on houses built before 1978? If so, I'll simply refuse to bid them.
I am so glad that I am not in the remodeling biz with this crap coming down the chute. I have no doubt that some people will do well with it. I just don't have the personality to deal with it. I almost choked when I read that he had to spend 4k reading and studying and calling the government to figure this crap out.
God help us all. I'd rather die of severe lead poisoining rather than read one chapter of a lead book.
Jim there are exceptions
It is if you disturb more than six square feet of painted surface on a pre '78 house. Most roofs don't fall into that category, unless you are needing top replace siding on a dormer or sidewall to get new flashing in.
also, if the residence has no children living there and none expected to be living there under the age of six, things ease off. When it is folks only over age 62 in that place and you do the right paperwork, the requirements fall right off the cliff, except as regards protecting your workers and subcontractors.
Texas is different re worker's comp than most states anyways so I wouldn't want to take a guess on that one
The ruling has a larger square footage threshold for exterior work. Lead safe work practices and documentation are to be put in place if you disturb more than 20 sf on a lead positive exterior. Window replacement contractors and roofers will need to be aware and comply too.
BjR
PS.....OT, but I want to register my displeasure with this new format. WTF was wrong with the old forum format?
"291.00 for 4 cases of Tyvek coveralls(100 garments) http://www.disposable-garments.com/products/Coveralls_with_hood_and_elas...
$150.00 for the approved P-100 respirators for my crews
(this is just for one job so far BTW):
http://www.amazon.com/3M-50051131070023-6291-Respiratory-Protection/dp/B
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Above is not required unless your state has more stringent requirements than the EPA.
Remember you are not doing lead abatement!!!!
Submitted by frammer52 on Thu, 12/17/2009 - 07:34.
"291.00 for 4 cases of Tyvek coveralls(100 garments) http://www.disposable-garments.com/products/Coveralls_with_hood_and_elas...
$150.00 for the approved P-100 respirators for my crews
(this is just for one job so far BTW):
http://www.amazon.com/3M-50051131070023-6291-Respiratory-Protection/dp/B
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
"Above is not required unless your state has more stringent requirements than the EPA.
Remember you are not doing lead abatement!!!!"
That is incorrect.......
The page with the info scanned directly from the training manual:
"Submitted by Piffin on Sat, 12/12/2009 - 14:53.
http://www.healthyhomestraining.org/RRP/LeadCheck.htm
Still not all that accurate - just approved.
Meaning the contractor still buys the liability."
Note the official literature says "Recognized" everywhere......... not approved.
It was explained to me that the EPA doesn't approve anything, but they recognize that these two brands are least likely to give out false negatives.
BjR
The EPA stuff I read a few days ago said that after April 22, 2010 it would be necessary to use only EPA Approved kits
Next paragraph had stuff about how to get your kit approved if you were a maker.
Then they say they will release a list of approved kits early in 2010.
Short version of all this, is that Congress passed a law requiring us to use kits that do not exist, did not exist at the time of the law being passed, and are not likely to exist when it goes into effect in a few months. Typical of govt to think they can pass a law to make water run uphill.
Piffin wrote: "Typical of govt to think they can pass a law to make water run uphill."
You forgot to mention who pays for making that water defy gravity, lol.
And what's the cost of
And what's the cost of disposing of the double bagged toxic trash?
All construction debris containing lead and lead based paint and or dust will need to be contained during demo, double bagged and twisted/folded over and duct taped closed and disposed of according to applicable disposal rules for each state regarding hazardous materials. Clearance testing and documentation of the clearance testing is required when finished.
Sounds like that could be a huge expense with you holding the bag for the stuff for a long time.
Kinda like owning your very own Exxon Valdez.
Joe H
Saw a post by Joe, only 2nd reply on new forumn, have been staying away.
Looks like everybody in an older house is going to be DIY or bust, huh?
Like endangered species, blast, burn, bury.
WA state is illegal to put fluoresent tubes in the garbage. Just yesterday, which was garbage truck day, saw tubes sticking out of 3 different trash cans, what does WM do, throw them on the lawn?? At least the county transfer station take the tubes without charge now (used to be 50 cents), so just 'turned in' 35 tubes I've been saving for 40 years to salvage the mercury myself.
BTW, in the OP business area, all the same gender liberal couples living on Capitol hill in Seattle can afford the EPA markups
BTW2: the comment box is the only place on the site nowadays I can easily read the text, everything else is washed out. Any way to fix that or hit a 'change color' key?
Here's a link to a Q&A
Here's a link to a Q&A between Leah Thayer and some remodelers with the EPA:
http://www.remodeling.hw.net/lead-safe-practices/an-epa-qa-on-lead-safety.aspx
Has anyone discussed with their AHJ how this whole thing might get rolled into the permitting process?
Our AHJ is paranoid about liability, and a look at how the permit application docs here have morphed from a simple one pager ten years ago, to a hefty seven pager today, is evidence.
I emailed our guy a query, attaching to it some beefy web links, but have no response yet.
Currently, in our jurisdiction, permits are needed only if the outside of the building is to get an addition of a certain minimum size. That means nothing is needed for a window replacement job, a complete gut and re-do, a re-roof, a complete exterior re-side and trim-out, etc.
Who can blow the whistle on a contractor who, say, is doing a gut and re-do of a 2-flat rental? As I read it, a rental is assumed to be potentially housing kids under 6 and pregnant women, thus any work on it falls under this new mandate.