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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

 
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  #1  
Old 3/5/10, 6:05 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default New EPA Lead Rule Requires Contractors to Be Certified

New EPA Lead Rule Requires Contractors to Be Certified


Childhood Lead Poisoning Prevention Program
Published Date: 03/02/2010
Contact Information: Public Information Office
603-271-6526

Concord, NH – The US Environmental Protection Agency (EPA) has issued the Renovation, Repair, and Painting (RRP) Rule, which requires contractors to become EPA certified by April 22. The new rule applies to general contractors, renovation contractors, property managers, painters, plumbers, carpenters, and electricians who work on homes, schools, child care facilities, or other buildings built before 1978.

The goal of the new Rule is to have contractors trained in how to conduct renovation activities safely to reduce the risk of lead poisoning. Common renovation activities that disturb lead-based paint, such as sanding, cutting, and demolition, create hazardous lead dust and chips that may be harmful to children and adults.

The New Hampshire Department of Health and Human Services, Division of Public Health Services, Childhood Lead Poisoning Prevention Program is working with the EPA to distribute the information to contractors so they can register and become certified before the deadline.

“In New Hampshire, one in every three children who have an elevated blood lead level was poisoned from renovation work,” stated Dr. José Montero, Director of the Division of Public Health Services. “Working safely with lead by complying with the EPA RRP Rule will decrease poisonings by reducing the degree of lead hazards following renovation activities.”

By April 22, 2010, every contractor must register as a “Certified Renovation Firm” with the EPA. In addition, contractors must complete a one-day course to be a “Certified Renovator” and start providing their employees with hands-on training in lead-safe work practices.

Dangerous work practices on pre-1978 buildings, including power sanding, open-flame burning, and sandblasting on painted surfaces are prohibited by the rule.
  • Fines for violating the EPA RRP Rule can be up to $37,500.00 per incident.
  • To find an EPA accredited RRP training provider, go to www.epa.gov/lead or call 1-800-424-LEAD (5323).



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire License #0096
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  #2  
Old 3/5/10, 7:09 PM
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iniquette iniquette is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

Frank, is this nationwide or just New Hampshire? Guessing nationwide since it comes from the EPA, but just curious.



Ian Niquette
Square One Home Inspection
Markesan WI 53946
www.squareonehomeinspection.com
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What we've got here is......failure......to communicate.....
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  #3  
Old 3/5/10, 7:56 PM
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James H. Bushart James H. Bushart is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

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Originally Posted by iniquette View Post
Frank, is this nationwide or just New Hampshire? Guessing nationwide since it comes from the EPA, but just curious.
Nationwide.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #4  
Old 3/5/10, 8:08 PM
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Nick Gromicko Nick Gromicko is online now
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

InterNACHI applied for and is awaiting EPA approval for our lead course.



Nick Gromicko, Certified Master Inspector

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"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
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  #5  
Old 3/5/10, 8:10 PM
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jkiser jkiser is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

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Originally Posted by gromicko View Post
InterNACHI applied for and is awaiting EPA approval for our lead course.
Great, keep us informed as always
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  #6  
Old 3/5/10, 8:20 PM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

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Originally Posted by gromicko View Post
InterNACHI applied for and is awaiting EPA approval for our lead course.
Thanks, Nick
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  #7  
Old 3/5/10, 11:13 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

Quote:
Originally Posted by iniquette View Post
Frank, is this nationwide or just New Hampshire? Guessing nationwide since it comes from the EPA, but just curious.
The EPA are "The Feds" so.. This is Nationwide.



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire License #0096
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  #8  
Old 3/5/10, 11:29 PM
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James H. Bushart James H. Bushart is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

I spoke with a state rep to see how this might be enforced.

I was told that the state will do nothing to enforce this, since it is a federally instituted program. He further explained that there is a $30,000 fine associated with violating the requirement and the way such EPA requirements are usually enforced is when one contractor in an area gets his certification....then turns all of his non-compliant competitors in to the feds. The subsequent fines and court costs will usually reduce the number of competitors. Kind of like HI Licensing laws....but with higher intellect.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #9  
Old 3/6/10, 7:27 AM
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Peter C. Russell Peter C. Russell is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

I received my certification 2 weeks ago and I know one thing, my prices are going up in order to comply with this law.
Our instructor told us there where 150 new cases of lead poisoning in NH last year and one third of those where from homes recently remodeled.

And, if you work on a state or federally funded project you had better have your act together because upon completion you must get a clearance certification and you will fail if they detect 40 mg per square foot anywhere on the project.

And,for the guys who say they won't comply because it's a stupid federal law, good luck when you run into a sue happy homeowner that finds out your violating a federal law while working on their home.
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  #10  
Old 3/6/10, 7:41 AM
ldapkus ldapkus is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

Quote:
Originally Posted by jbushart View Post
I spoke with a state rep to see how this might be enforced.

I was told that the state will do nothing to enforce this, since it is a federally instituted program. He further explained that there is a $30,000 fine associated with violating the requirement and the way such EPA requirements are usually enforced is when one contractor in an area gets his certification....then turns all of his non-compliant competitors in to the feds. The subsequent fines and court costs will usually reduce the number of competitors. Kind of like HI Licensing laws....but with higher intellect.
I was on a job years ago that this occurred. We were an out of state company that outbid all local contractors. To make a long story short, they did as Jim said, they called the Feds and filed complaints. Story here.
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  #11  
Old 3/6/10, 8:30 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

The new rule applies to general contractors, renovation contractors, property managers, painters, plumbers, carpenters, and electricians who work on homes, schools, child care facilities, or other buildings built before 1978.

____________________________________________

What about HVAC guys, roofers, cabinetry guys, window installers, siding installers, etc??
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  #12  
Old 3/6/10, 8:44 AM
ldapkus ldapkus is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

I would say the laws applied to any trade that "disturbs" lead containing products.
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  #13  
Old 3/6/10, 3:19 PM
Peter C. Russell's Avatar
Peter C. Russell Peter C. Russell is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

If your a contractor and disturb more than 6 square feet on the inside or 20 square feet on the outside the this law applies. Doesn't matter if your an electrician, carpenter, HVAC ETC
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  #14  
Old 3/9/10, 8:55 PM
Steven J. Wessler Steven J. Wessler is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

Mr. Russell,
Would this also pertain to in house maintenance people?



Steven Wessler
SpyGlass Inspection Services, LLC
Serving The Lake of the Ozarks, Missouri
INACHI: 09021806
www.spyglassinspect.com
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  #15  
Old 3/9/10, 10:02 PM
Steven J. Wessler Steven J. Wessler is offline
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Default Re: New EPA Lead Rule Requires Contractors to Be Certified

Would any member in Missouri, be aware of training in Mid Missouri?
Kansas City or St.Louis, 3 1/2 and 4 hours away.



Steven Wessler
SpyGlass Inspection Services, LLC
Serving The Lake of the Ozarks, Missouri
INACHI: 09021806
www.spyglassinspect.com
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