Still Time to Sign Up for Sunbelt Environmental Program on Lead Inspection & Assessment

HBA Member Sunbelt Environmental Services will present a program

entitled, "Understanding Lead-Based Paint Risk Assessment and Inspection Services" for general and sub-contractors affected by the RRP rule. The free educational program, presented by senior consultant Bruce Trimble, is scheduled for Wednesday, July 7 at 3 pm at The Library Center. Call the HBA office to register - 881-3711. You can download the full informational flyer by clicking here.

Are You Prepared to Start Handing Out the NEW Renovate Right Brochure?

The EPA has issued a new version of the "Renovate Right" pamphlet that must be distributed by those performing and being compensated for work which falls under the new RRP lead safety rules. This pamphlet reflects changes in the rule which are effective in July including the removal of the "homeowner opt-out" provision. You can download the new pamphlet by clicking here.

Who's In Control of the Client Interview & Price Negotiation?

Brett Baker, Partner of TrustPoint Management Group, is offering a specialty workshop open to all HBA builder and remodeler members on Wednesday, May 26 from 3 pm - 5 pm at the HBA office.

Reserve a spot if the issues below apply to you or you have a desire to take new action when interviewing a potential customer:

-Tired of Profit Margins Shrinking because homebuyers & owners believe they have the power to cut into your fees?

-Frustrated you are doing a lot of educating and sharing ideas; doing unpaid consulting and not getting rewarded with the contract?

-Not understanding how your current belief system can undermine your interview process? You never get the second chance to make that first impression with your expertise.

-Do you spill it too fast?? Have you said to yourself, “I’ve got to cut fees to win the job”?

-Question to ask is, “Could the opposite be true”? If these issues above are costing you from winning the business and your income has to rebound, you would benefit from this workshop.

This program is offered as a benefit of membership at no cost. RSVP to Jennifer at 881-3711 or jennifer@springfieldhba.com

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.