Compliance with the EPA's RRP Rules - Resources for Identifying the Age of a Home

The Greene County Assessor's office does provide on-line access to property information. The site, at www.greenecountymo.org/assessor/, allows users to search for individual property parcels by owner, address, parcel ID or general location. The site offers two levels of access to information about individual parcels. Owner names, address, taxing districts, total acreage, appraised value, assessed value and an interactive aerial map is available through free public access.

Additional property information, include street-level photos, previous owners, building descriptions, perimeter sketches, floor plans, date home was built and other details, is now available through subscription. Subscriptions are available to property appraisers, real estate agents, insurers and the general public for a fee, ranging from $10 a day to $75 a year, plus a $25 set-up fee for an annual subscription. NOTE: All parcel information available by subscription may be accessed by the public for free at computer terminals within the Greene County Assessor’s Office, 940 Boonville Ave. Room 35, 8 a.m. to 4:30 p.m. weekdays.

Another resource mentioned in industry education regarding the need for this information is the website www.intelius.com, under the link for "Verification Services" click on "Property & Neighborhood".

Amendments to EPA's Lead Renovation, Repair & Painting Rule

National Association of Home Builders Summary of Amendments to RRP Rule

On April 23, the U.S. Environmental Protection Agency announced release of an amendment to the Lead: Renovation, Repair and Painting rule that removes the opt-out provision for pre-1978 homes without pregnant women or children under age six in residence. The amendment also instructs contractors to provide a copy of the records required under the rule to be shared with home owners within 30 days of completing the remodeling work.

The amendment goes into force 60 days from its publication in the Federal Register, which has not yet occurred. NAHB expects publication in the Federal Register sometime in the next few weeks, so the estimated effective date to remove the opt-out is the beginning of July. Once the exact date is determined, NAHB will update its members.

Nevertheless, all provisions of the Lead: Renovation, Repair and Painting rule went into effect on April 22, which requires remodelers and other contractors disturbing painted surfaces in pre-1978 homes attend the required training and submit firm certification. The rule also dictates lead-safe work practices, pre-renovation consumer education, and record keeping practices.

The amendment to the rule goes into effect in July 2010 and:

· Removes the opt-out provision. Under the current rule, owner-occupied pre-1978 housing units (i.e., not inclusive of rental properties) where no pregnant women nor children under age six, nor a property qualifying as a “child occupied facility” (such as a day care facility) could sign a waiver. The remodelers must keep a record of the waiver for three years, which waives the implementation of the work practices dictated by the rule. The new amendment to the regulation that goes into effect in July revokes the opt-out completely. All work in pre-1978 must then follow all work practices dictated by the regulation as of the effective date in July.

· Requires remodelers to share rule compliance records with customers. Remodelers will have to share a copy of the compliance records required for remodelers under the regulation (such as the checklist of followed practices) with home owners within 30 days of completion of the work.

The EPA has also given advanced notice of additional plans to change the lead rule as a direct result of a voluntary legal settlement with several environmental groups that challenged the original regulation. Specifically, rule makings will be conducted to:

· Require abatement-style dust wipe testing and share results with home occupants and owners. This rule change will apply to certain remodeling activities and require the contractor to achieve the EPA’s strict numerical limits for lead dust levels on window sills, window troughs, and floors. The EPA’s numerical lead dust standards are the same as those dictated to lead-based paint abatement firms for achieving “clearance” under EPA’s abatement rules. Depending on the outcome of this upcoming amendment, remodelers and other contractors may also be subject to additional regulatory restrictions at the state and local level triggered by the knowledge of disturbing lead-based paint. After this proposal is published, it will be out for a 60 day comment period with the goal of completing and finalizing this rule change in July 2011.

· Apply the lead rule to public and commercial buildings. The EPA plans to amend the rule to expand its scope over both public and commercial buildings. NAHB will follow this development but expects the proposal to come out after the clearance testing amendment.

Rule Enforcement

EPA Assistant Administrator Owens visited the NAHB Remodelers Board of Trustees meeting last week to answer questions about the lead paint regulation effective April 22. He explained that the EPA will not take enforcement action against firms that in good faith submitted firm certification paperwork before April 22 but have not received official approval yet from EPA. A copy of the letter is available for download. However, the EPA will still be taking enforcement actions against parties that fail to follow work practices in pre-1978 homes.

Future Actions

NAHB is closely following the continuing actions of the EPA to amend the rule and will be commenting and asking members to submit comments on proposed rule changes.

On May 20 at 2 pm EDT, NAHB is hosting a webinar free for members about the lead rule, removal of the opt-out, and guidance for remodelers on managing requirements of the rule. Registration for this event will be available shortly.

For more information, visit www.nahb.org/leadpaint or contact Matt Watkins at 800-368-5242 x8327.

Blunt Meeting About EPA Lead Rule Draws a Crowd

Congressman Roy Blunt met with a room full of remodelers, sub-contractors and suppliers at the HBA office on Tuesday, April 2oth. Blunt listened to industry concerns about the EPA's lagging efforts to provide adequate training resources will severely limit the number of remodelers able to work in older homes or force home owners to hire illegal contractors. As well, on-going changes to the rule during the training phase, especially regarding the homeowner opt-out provision, created tremendous confusion and is an obstacle to compliance.

"An NAHB study shows that professional remodelers leave a home cleaner than when they begin work," said Rusty MacLachlan, HBA President. "Educated, professional remodelers are the best equipped to help prevent lead exposure. However, the lack of certified remodelers will put home owners and their families at greater risk of lead exposure."

Professional remodelers are also concerned that consumers will balk at the higher costs associated with rule compliance and will risk exposure to lead paint by attempting the work themselves or using an uncertified fly-by-night contractor to cut costs.

"If a homeowner is not already well-informed about what to ask for in terms of proof of certification, etc., the rule won’t help catch the shady contractors who really have no intention of complying, who don’t carry liability insurance and don’t pull permits – and therefore can provide a lower estimate for the work," said MacLachlan. According to a number of industry seminars and conference calls, looking at permitting activity is one way EPA will approach enforcement.

Blunt said he had already sent a letter to the EPA encouraging an administrative delay in the rule but at the time, he had not received a response from the agency. Many thanks to HBA member Alside for providing examples of related equipment and visual aids for the meeting. Due to industry demand, the HBA has added two more Lead Safety Certification Courses on May 25 and 26. To download the most current registration form, click here.

Demand for Lead Safety Class Continues - More Classes Added

The demand for the EPA required lead renovator training class continues as the April 22 deadline approaches. The HBA has scheduled two more classes with the EPA accredited trainer -- Wednesday, May 5 (click to download registration form) and Wednesday, May 12 (click to download registration form). Both classes will be held at the Meek's Design Center, 3231 N. Glenstone in Springfield.

Citing a need for more trainers and a faster certification process, inaccurate test kits and a lack of preparedness on the part of the federal Environmental Protection Agency (EPA), the National Association of Home Builders (NAHB) petitioned EPA Administrator Lisa P. Jackson this week to delay the Lead: Repair, Renovation and Painting Program Rule.

The rule, slated to become effective April 22, requires all remodelers and other contractors working in homes built before 1978 to be trained and certified in lead-safe work practices and to use those practices in homes where small children or pregnant women live. EPA is also seeking to amend the regulation so that it would apply to all pre-1978 homes.

“NAHB and its builder and remodeler members fully support with the goals of the rule, which is designed to protect children from the toxic effects of lead paint,” said NAHB Remodelers Chairman Donna Shirey, CGR, CAPS, CGP, and President of Shirey Contracting in Issaquah, Wash.

“Remodelers are working hard to get trained and certified under the EPA’s lead rule. But we continue to receive calls that they can’t find training and are waiting to hear back from the EPA on certification. It’s incredibly frustrating that despite our diligence, remodelers will be penalized after April 22 because of the EPA’s failure to plan,” Shirey said.

For the full NAHB news release regarding this testimony, click here.

More Lead Safety Courses Scheduled & Webinar on EPA Required Lead Safety Practices

The HBA has scheduled additional courses for the EPA's Certified Renovator program. There are courses scheduled for May 3 and 4, as well as May 10 and 11. The 3rd and 10th are at the HBA and the 4th and 11th are at OTC's Center for Workforce Development. You can download the updated registration form by clicking here.

There is a free informational webinar at the HBA this Wednesday, March 24 at 1 pm entitled "Lead Paint 2010: Is Your Company Really Ready?" To RSVP, please email jennifer@springfieldhba.com.

While the EPA has been quoted in various sources as projecting that the costs of interior containment, cleaning, and cleaning verification will range from $8 to $167 per job, a new study published this month by Remodeling Magazine, "How Much Will the RRP Cost" by Sal Alfano, indicates the cost will be as much as 10 times higher than the EPA estimates. You can read the full on-line version of the article (including detailed cost charts) by clicking here.

One of the issues regarding the Lead Paint rule that's been confusing to the industry is the ability of the homeowner to "opt-out" of the safety procedures. The "opt-out" provision was originally part of the RRP rule but after a law suit related to it, it is being removed/changed. For more background and information, see the Journal of Light Construction on-line article, "Uncertainty Abounds as Lead-Safe Remodeling Deadline Nears," by clicking here.

In Response to Demand, HBA Schedules Additional Lead Safe Renovator Certification Courses

In response to increased demand, the HBA has scheduled additional EPA-Required Lead Safety Renovator Certification Courses on April 29 and 30. Currently, the HBA sponsored courses scheduled for March 19 and April 19 - April 22 are all full. The April 29 course will be held in Springfield and the April 30 course is scheduled to be held in Branson (download registration form by clicking here.)

The NAHB recently encouraged the federal government to extend the April 22 deadline for Lead Renovator certification. In testimony last Thursday before the Senate Energy and Natural Resources Committee, Connecticut remodeler Bob Hanbury said that rules effective April 22 governing contractors in homes where lead paint may be present will prevent meaningful retrofit work from being done because there won't be enough certified renovation contractors trained in the federal Environmental Protection Agency's (EPA) new Lead Safe Work Practices.

The Senate is considering legislation that includes the proposed Home Star program, designed to provide home owner incentives for insulation and other weatherization projects. NAHB economists estimate that every $1 billion in remodeling and home improvement activity generates 11,000 jobs, $527 million in wages and salaries, and $300 million in business income, making these incentives a big boost for the economy as well as energy efficiency.

"NAHB strongly supports incentives to retrofit older homes and buildings to improve energy efficiency and performance," Hanbury said. "But to make such a program work, the April 22 deadline for compliance with the EPA lead rule must be extended."

Roughly 79 million homes constructed before 1978 are subject to the Lead Renovation, Repair and Repainting Rule, Hanbury said. Renovations on these homes, including energy-efficiency upgrades, must be done by contractors who have been certified by EPA in lead-safe work practices.

However, EPA has not approved enough instructors for the required training programs and has not certified enough firms to do the renovation work that the proposed energy efficiency program would generate.

"Consumer awareness of this regulation is negligible at best, and with the intensive media coverage that will undoubtedly accompany Home Star, home owners will rush to call contractors to perform efficiency upgrades in older housing, not realizing that many of those contractors could be doing the work illegally if they are not EPA certified," Hanbury pointed out.

EPA has estimated that more than 236,000 remodelers, window installers, painters, heating and air-conditioning specialists and other trade contractors must be trained to ensure compliance with the rule. These contractors must complete eight hours of training, pay a certification fee, and employ lead-safe work practices in homes built before 1978 where children or pregnant women are present.

However, EPA has been slow to approve trainers to offer the courses, and in some states there are still no approved trainers. As a result, only about 14,000 people have been certified to date.

With only 135 firms throughout the country approved to offer the training courses, it will be impossible for the remaining contractors to complete the required training before the April 22 deadline, Hanbury said. And an influx of new retrofit jobs under a Home Star-style program would only increase the demand for trained and certified contractors.

"NAHB looks forward to working with you to create a successful retrofit program that provides equal access for all qualified and properly-trained contractors and a true incentive to renovate the oldest, least-efficient housing stock," Hanbury told the committee.

"We also support the lead paint rule and fully agree with the importance of the safe work practices the rule describes," Hanbury said. "But at present, it looks like the only way that many of our members will be able to comply is to avoid working in these older homes so we don't break the law. In an environment where improving energy efficiency and creating jobs are national priorities, that makes no sense at all."

EPA Required Safety Certification Training Courses Nearly Full

These HBA-sponsored classes are nearly full -- there are just a few openings left for Wednesday, April 21 and Thursday, April 22. Need to register? Call or email Amanda at the HBA office, 881-3711 or amanda@springfieldhba.com

What Activities Are Subject to the Lead Renovation, Repair and Painting Program?
In general, any activity that disturbs paint in pre-1978 housing and child-occupied facilities, including:
• Remodeling and repair/maintenance
• Electrical work
• Plumbing
• Painting
• Carpentry
• Window replacement

What Housing or Activities Are Excluded and Not Subject to the Rule?
• Housing built in 1978 or later.
• Housing for elderly or disabled persons, unless children under 6 reside or are expected to reside there.
• Zero-bedroom dwellings (studio apartments, dormitories, etc.).
• Housing or components declared lead-free by a certified inspector or risk assessor.
• Minor repair and maintenance activities that disturb 6 square feet or less of paint per room inside, or 20 square feet or less on the exterior of a home or building.
• Note: minor repair and maintenance activities do not include window replacement and projects involving demolition or prohibited practices.

What Does the Program Require Me To Do?
Pre-renovation education requirements - Effective now.
In housing, you must:
• Distribute EPA’s lead pamphlet to the owner and occupants before renovation starts.
• In a child-occupied facility, you must:
• Distribute the lead pamphlet to the owner of the building or an adult representative of the child-occupied facility before the renovation starts.
For work in common areas of multi-family housing or child-occupied facilities, you must:
• Distribute renovation notices to tenants or parents/guardians of the children attending the child-occupied facility. Or you must post informational signs about the renovation or repair job.
•Informational signs must:
•Be posted where they will be seen;
•Describe the nature, locations, and dates of the renovation; and
•Be accompanied by the lead pamphlet or by information on how parents and guardians can get a free copy (see page 31 for information on obtaining copies).
•Obtain confirmation of receipt of the lead pamphlet (see page 23) from the owner, adult representative, or occupants (as applicable), or a certificate of mailing from the post office.
•Retain records for three years.
Note: Pre-renovation education requirements do not apply to emergency renovations. Emergency renovations include interim controls performed in response to a resident child with an elevated blood-lead level.

Training, Certification, and Work Practice Requirements– Effective after April 22, 2010.
•Firms must be certified.
•Renovators must be trained.
•Lead-safe work practices must be followed. Examples of these practices include:
•Work-area containment to prevent dust and debris from leaving the work area.
•Prohibition of certain work practices like open-flame burning and the use of power tools without HEPA exhaust control.
•Thorough clean up followed by a verification procedure to minimize exposure to lead-based paint hazards.
The training, certification, and work practice requirements do not apply where the firm obtained a signed statement from the owner that all of the following are met:
•The renovation will occur in the owner’s residence;
•No child under age 6 resides there;
•No woman who is pregnant resides there;
•The housing is not a child-occupied facility; and
•The owner acknowledges that the renovation firm will not be required to use the work practices contained in the rule.

For more information, visit the EPA's website regarding this new rule as it applies to residential contractors by clicking here