NAHB HAS MEMBER RESOURCES TO ASSIST REMODELERS WITH LEAD RULE COMPLIANCE

NAHB Has Member Resources to Assist Remodelers with Lead Rule Compliance

With the U.S. Environmental Protection Agency stepping up inspections and enforcement actions on contractors working in residences subject to the Lead: Renovation, Repair and Painting rule, NAHB has developed members-only resources to help remodelers with lead rule compliance.

Remodelers working in pre-1978 homes must comply with the rule — which includes becoming an EPA-certified renovator and following the lead-safe work practices required under the regulation — or risk fines of as much as $37,500 per violation per day and litigation.

Be Aware and Be Ready

The EPA’s regional offices have begun inspections and are initiating enforcement under the lead rule. Last month, enforcement actions were initiated against a Rockland, Maine, contractor whose employees were caught on video scraping paint from the side of an older home without using lead-safe work practice and otherwise complying with the rule.

All contractors — remodelers, HVAC contractors, window replacement specialists, etc. — working in pre-1978 housing units where painted surfaces are disturbed, must understand the requirements of the lead rule and be able to demonstrate compliance to an EPA inspector.

NAHB has learned that inspectors are requesting three years of records from firms under investigation.

These records include:

§         Signed copies (by the home owner/tenant of applicable projects) of EPA’s Pre-Renovation Disclosure Form, affirming they have received pre-renovation education from the EPA's "Renovate Right" pamphlet. This requirement pre-dates the lead rule and remodelers need to have three years of applicable records on file. 

§         A copy of “Firm Certification” by the EPA or an EPA-delegated state and a copy of “Certified Renovator Certificate,” also issued by the EPA or delegated state. Remodelers must have both these certifications on file and all certified renovators must be employed by a certified firm. Failure to have both these certifications can result in fines. To learn more about how to achieve these certifications, click here. 

§         A copy of the certified renovator’s report for each job subject to the lead rule. This includes information on any EPA-approved pre-renovation test kits used only by the “certified renovator” to determine applicability of the lead rule and the sample record-keeping checklist.

Compliance Resources

The member-only resources — which can be found at www.nahb.org/leadcompliance — include downloadable documents such as:

• A sample lead paint rule compliance checklist
• S ample contract language
• A pre-renovation disclosure form
• A sample record-keeping checklist, and more

For more information on the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins at NAHB, or call him at 800-368-5242 x8327.

NAHB Develops Lead Rule Compliance Resources

NAHB Develops Lead Rule Compliance Resources

The U.S. Environmental Protection Agency is stepping up inspections and enforcement action on all types of contractors working in pre-1978 residences subject to the Lead: Renovation, Repair and Painting rule.

Remodelers working in pre-1978 homes must follow the rule or risk fines and litigation for regulation violations.

NAHB has developed member-only resources to help with lead rule compliance atwww.nahb.org/leadcompliance.

Be Aware and Be Ready

The EPA’s regional offices have begun inspections and enforcement under the lead rule. NAHB has learned that inspectors are requesting three years of records from firms under investigation.

Any contractor (remodeler, HVAC contractor, window replacement specialist etc.) working in pre-1978 housing units where painted surfaces are disturbed must understand the requirements of the lead rule and be able to demonstrate compliance to an EPA inspector.

EPA representatives are requesting records including:

• Signed copies (by the home owner/tenant of applicable projects) of EPA’s Pre-Renovation Disclosure Form that affirms they have received pre-renovation education in the form of the EPA's Renovate Right pamphlet. This requirement pre-dates the lead rule and remodelers need to have three years of applicable records on file.
• Copy of “Firm Certification” by the EPA or state (list of EPA-Delegated states) and a copy of “Certified Renovator Certificate” received from the EPA or state. Remodelers must have both these certifications on file and all Certified Renovators must be employed by a Certified Firm. Failure to have both these certifications can result in fines. Learn more about how to achieve these certifications. 
• Copy of the Certified Renovator’s report for each job subject to the lead rule. This includes information on any EPA-Approved Pre-Renovation Test Kits used only by the “Certified Renovator” to determine applicability of the LRRP Rule and the Sample Record Keeping Checklist.

Compliance Resources

NAHB has created resources to help with lead rule compliance and record keeping. The member-only webpage includes downloadable documents, such as a sample lead paint rule compliance checklist, sample contract language, pre-renovation disclosure form, sample record keeping checklist, and more.

For more information on the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins, or call him at 800-368-5242 x8327.

GOOD NEWS ABOUT RRP

July 15, 2011 - The National Association of Home Builders commends the U.S. Environmental Protection Agency for rejecting a proposal to add third-party clearance testing to the Lead: Renovation, Repair and Painting Rule (RRP).

At NAHB's request this regulation was selected for review by the EPA under the Presidential Executive Order for Regulatory Review (Improving Regulation and Regulatory Review, 76 FR 3821 issued on Jan. 21) concerning the impact of federal rules on small businesses and job creation.

The lead rule applies to homes built before 1978 and requires renovator training and certification, following lead-safe work practices, containing and cleaning dust, and record keeping.
Under the lead paint rule contractors have been required to wipe down the project area after completing remodeling or renovation work and match the result to an EPA-approved card to determine whether lead paint dust is still present - a process that EPA says is "effective at reducing dust lead levels below the dust-lead hazard standard."

The proposal would have required contractors to hire EPA-accredited dust samplers to collect several samples after a renovation and send them to an EPA-accredited lab for lead testing. Because of the cost of this as well as the waiting period for test results and the limited number of accredited labs nationwide, professional remodelers were very concerned about home owners' willingness to undergo the process.
"The EPA has maintained its common sense approach to keeping families safe during renovation," said Peterson. "Hiring trained professional remodelers to contain dust, use lead-safe work practices, and clean up has been shown to successfully minimize lead hazards and protect individuals from lead exposure."

Several problems with the rule still remain. The EPA has yet to recognize an efficient, low-cost lead test kit that meets the requirements of the regulation. And last year the agency removed a key consumer choice measure - the opt-out provision - which allowed home owners with no children or pregnant women in residence to waive the rule's requirement. In this down economy, consumers are still balking at the extra costs of the rule and often choose to reduce the amount of work done on their homes, hire uncertified contractors, or endanger themselves by attempting the work themselves.

BETTER BUILDINGS FOR MICHIGAN

The City of Traverse City along with two local non-profits, SEEDS and the Michigan Land Use Institute has recently been awarded a grant for a pilot state wide program called "Better Buildings for Michigan". This public and non-profit partnership includes participation of Traverse city Light and Power as part of their energy efficiency work in the community. Often opportunities like this are only available in major metropolitan areas so this is a very big deal for Traverse City and tribute to the efforts of our community.

"Better Building for Michigan" uses a community approach to deliver energy efficient improvements for homes by providing access to incentives and affordable loans. The so called "Neighborhood Sweeps" are designed to use skilled local consultants and contractors and economies of scale to provide a large quantity of homes in targeted neighborhoods with energy efficient improvements. The objectives are to reduce energy consumption, improve occupant health and comfort and reduce the homes negative impact on the environment.

The two neighborhoods consist of over 1,000 homes whose owners will have this opportunity. Each will be personally contacted either in person or by phone to have the program explained to them. They will have an opportunity to ask any questions they may have.

If the home owner is interested in the program, an appointment will be made with a Michigan Saves authorized participating contractor to do an on site inspection of the home using testing equipment and software tools to determine how efficiently the house uses energy. The assessment will also identify ways to address common problems such as ice dams, moisture on windows, drafty rooms and dry indoor air. Once the assessment is complete, home owners receive a detailed report and estimate of energy savings for specific improvements so they can make the best choices for their home. The contractor will also provide and install items from an energy efficiency kit (direct install items) that could include things like programmable thermostats, low flow shower-heads, pipe wrapping and simple weather sealing around doors and windows.

The assessment with report and instillation of the energy efficiency kit items are offered as an incentive to sign up for the program.

The home owner then comes to an agreement with the contractor for the improvements they decide are appropriate for their home and budget. The program is monitored locally by the City of Traverse City, SEEDS and the Michigan Land Use Institute.

The affordably hassle free low/no interest loans are made available by the Michigan Saves Home Energy Loan Program.

Some reasons to take advantage of this program:

As a nation we have to find ways to use less energy and our homes are the low hanging fruit. Using less energy saves home owners money. Incentives and low/no interest loans stretch improvement dollars. Contractors are vetted by Michigan Saves and the work is subject to a third party quality control program. A successful pilot program will result in future similar efforts.

The specific details of the Traverse City Sweep are still being developed and will be made available soon in public announcements.

Past sweeps in other parts of the state consist of two stages:

• Base Package: An energy assessment and direct install items - small home-owner co-pay.
• Enhance Package: Blower door assisted air sealing, insulation, and other energy efficiency up grades, rebates and low interest financing available.

For additional information on the Better Buildings for Michigan- Traverse City Program contact Brian Beauchamp at the Michigan Land Use Institute (MLUI) 231-941-6584 ext. 19 or brian@MLUI.org.

Max Strickland has been involved in the construction industry for 44 years. He is currently a principal with Strickland-Ewing & Associates providing Building Performance Consulting, Green Building Program Verification, Energy Star/Hers Ratings, Infrared Imaging and Energy Auditing. Questions and comments can be directed to max@stricklandewing.com or you can visit his web site at www.negs2.com to view previous Green Building 101 articles.