The new lead paint laws that goes into affect on April 22 involves training and certification of remodelers, safe work-site practices, verification and record keeping. It’s very important to understand that the new law pertains to projects on any house built before 1978 with a few exceptions as follows:
You’re probably wondering what this new law might mean to you and your next remodeling project. The obvious answer is a healthier home for you, your family and people that perform renovations to your home. The other obvious answer is an increased cost for contractors to adhere to the new rules which ultimately means an increased cost to you.
Over the last few months I’ve heard several small contractors say they will steer clear of and avoid older home renovations. A significant amount of small replacement window contractors will most likely go out of business and stop providing inexpensive window replacement services. While we think the new law is important in protecting public safety we also know it will result in much higher prices for consumers and less competition for consumers.
If you hire a contractor to do a renovation in your home that was built prior to 1978 be sure you hire a certified contractor. You should ask to see your contractors RRP certification prior to hiring them. Contractors performing work without the certification face penalties of $37,500 per day!
With over 38 million homes containing lead paint in the US no one can argue the importance of good lead paint laws. However, from the few meetings and conversations I’ve had it’s clear to me that this is going to take some time before it’s very effective. Most of the literature and training has left contractors confused, upset and frustrated. However, with time these new laws will become part of everyday routines for contractors and ultimately help save lives. We certainly hope the EPA works quickly to fill in the blanks and help contractors implement this new law.
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Where do you get the waiver? I am stripping my entire house. I have no kids or pregnant women in my house.
Nina - If you follow the link to the Renovate Right Brochure there is a phone number in there for information about removing lead if you're the home owner or DIY'er.
tod i am a hvac contracter i have to cut 4 10inc by 10 inc holes in an old house doe this apply to me
Paul - You really should read the information on the EPA site and also your state site. There are some exceptions for "small areas". Some of those include areas less than 10 sf, but that number varies.
I have to say this irks me. Nearly everyone is now aware of the dangers of lead based paints and using dust masks and methods to keep the dust levels at a minimum. Doesn't our government regulate enough in our lives.
Deborah - I agree that the government is creating far too many rules. On the other hand, there are quite a few shady contractors out there doing things that put kids in jeopardy.
I have no kids in my house. And even thought it was constructed in 1974 I also know for a fact that there is no lead based paint. Not fair I should have to pay a penalty for any menial job I need performed in my home!!!
Doe if you are certain than contact a testing firm and pay them to confirm your knowledge. If at a future date you desire to sell your home that certificate is worth it's weight in gold. The future contractors won't have to perform under the EPA RRP rules which will save you money in the long run and preserve your selling price in the future.
So doi have a clear understanding of this to the exceptions rule:
I can have the customer sign a waiver if only one of the exeptions are presetn or do all 4 of them have to be present. I have a customer that wants me to remodel there entire kitchen and the home is from 57'.
Bill - The information reads "The homeowner may also opt out by signing a waiver if there are no children under age six frequently visiting the property, no one in the home is pregnant, or the property is not a child-occupied facility." I would assume that sentence explains the exception pretty clearly. I hope that helps.
Hmm .. interesting?? About to have a new vanity top and toilet installed. Will make sure I ask them about this waiver.
what is the consequences if you do not test? if you do not test that leaves the homeowner with plausible deniability in the future if they wish to sell. not the most honest but not all people are. i do not wish to cause harm or foul but i do wish to stay in business.
I love the $37,500 fine per day! now the government has just one more way to rob Americans. I think its unfair to attack the contractors in this economy, they are the ones that feel this recession more than anyone else. the government has its hands in everything now, how much bigger can it get. Im going to tell you that the government doesnt care about kids or your pregnant wife. They just wants your $$$$$$$$$$$$$. Now its another license you have to buy, Pay UP, cought without one, Pay More. Where does it end. The government is not known for giving us freedoms, every day a new law is passed, that means one thing you were allowed to do yesterday is stripped from you today. It was a much easier time just 10 years ago.
Thank your local OBAMA SUPPORTERS....change you can beleive in!
This has nothing to do with the Obama administration. These rules were supposed to go into effect in 1996, and the EPA delayed them pending further studies.
Its the epa not the obama administration get your facts straight
Because you want to work in an unsafe environment where you get toxic levels of lead in your blood? Trying to bury your head in the ground doesn't make it go away.
But yes, it does suck that it costs more.
However, the fine is there to ensure people do the right thing. If it was only a $500 fine, I bet a lot more people would "accidentally" dispose of lead products inproperly.
Do you even know what they say about disposal of lead particles? Throw it in land fill. That is what they teach in these classes. The fact that the homeowner can get out there and sand his house down to repaint is not saving the enviorment at all. The prices that us contractors have to charge will force some home owners to do just that. I am all over eco friendly practices but they have to make sense.
This act made no sense from the beginning to what i believe its end do to Federal Cuts.
how can you blame Obama when it was written 2 years ago. You need to get some facts before you shoot off at the handle
This regulation should have been in place years ago. If contractors informed their clients of the dangers of disrupting lead in the presence of children, it would not have had to have been implemented by the EPA. I do think that if you want to someone to abide by a rule there has to be penalties, and the common thread of the conversations I have heard regarding this regulation is the penalty. It will add to the cost of remodel work, but I would hope that those clients with children appreciate the extra care.
Hi,
The new Federal Cuts bill will slice this agency down so far it will not be able to function correctly and ultamitly fold two to three years from now. Meanwhile all the contractors that did the right thing and paid out $600 for classes and EPA filing and also the HEPA filter/vacuum at $700 are now out that money with no refund. They will also have there company info which in my mind just wrong. Too much big brother breathing down our necks.
This coarse should have been implemented slowly for future issues
in Federal employees on the ground. Basically is was a flop, and we pay for it.
How do you know this? What makes you think this that the agency will have less funding?
How will this be enforced - will the government form another department and hire people to monitor and police neighborhoods looking for houses that look like they are having work done on them?
And how many desparate homeowners that are losing their homes will hire someone to remodel just so they can find something that wasnt covered so they can sue? Any responsible contractor keeps dust to a minimum anyway - do you think they like breathing the stuff either?
Denise - I'm right there with you. As a contractor I know how hard it is right now trying to compete and get jobs done at a reasonable rate. It will certainly be interesting to see what happens with this new law over the coming years.
They are hiring ex-contractors that know how us contractors think and act. It is smart. They work out of there house, use there own trucks and put a EPA sticker on it. They supply there own tools and submit there time. After the Federal Cuts take effect most of these guys will be out of work again and back in the field this time black balled form construction. They should have thought it through. People and power trips. Live and learn is what i say.
Mike you have a lot of info. Please tell us how you know this! Interesting the ins and outs of the industry.
The window dealer I work for already is certified. In training the installers learned the opt out is going to be removed so everyone will have to be do it correctly. We will be charging $20 for a window and $75 for a patio door extra if the house is pre-1978. Not bad considering all the extra labor. Our installers work for us so they are the best. Companies that use subcontractors will have trouble. Companies that recommend contractors will have liablity if the homeowner finds out about the EPA law and feels mislead. Getting the homeowner to sign when giving them the lead pamplet will be a little tricky. Educatiing the homcowner will be the key. Home Depot is sending all their installers and subs. Since we spent the money we feel that others that don't should be turned in and fined. This will level the playing field. Looks like $5000 per day is the minimum.
Think about this if you aren't certified and the homeowner doesn't like the job you did they now can not only complain to the BBB or contractors board they can turn you in to the EPA. Homeowners don't get in trouble the contractors do.
My company is looking forward to getting more work and getting rid of some of the non-licensed installers.
Laura - Glad to hear you're all getting trained. It will take time to see how all this plays out over the next couple of years. Being a contractor myself I'm having a hard time understanding how you'll be able to only charge $20 per window. Especially once the insurance companies get done jacking premiums for companies dealing with lead, paying for disposal, paying for testing, etc. Again, I'm not against the concept, however, I'm not convinced that the pricing can be reasonable.
We have done about 5 houses installing windows as if they tested for lead. Practicing the installation process helped us improve the efficiency. Our installers are very good so the extra labor isn't a big stretch for them. We don't sub out the work like most window dealers do. We also ordered the test kits, zip walls and plastic in bulk so our cost is very small per window and door. We will be selling the test kits to contractors that buy windows from us and do the installation themselves. Since most of the test kits our sold out already, we feel we can mark them up and make a good profit. We have been preparing for lead for over a year. We think this is going to give us a huge advantage over other window dealers and contractors. Our insurance is not going up because we explained to them the process of the installation.
I think the law is a good thing. With the fines starting at $5,000 a day I think contractors and businesses need to think twice about not getting certified. I think during the first month their will be some high profile fines to show the EPA means business. I am reading the opt out clause might be left in effect until the end of 2010. Homestar would never really work with all the certification. We will charge $35 a window and $85 for a door. We use our own installers the only work for us. One of my old installers works for a few different window comapanies has raised his prices because he is certified. He tells me the companies he works for will be charging over $100 a window and $150 for a door. If a company uses subs their company won't be on the EPA certification list and that could hurt their business.
Basically the EPA will have 1000's of spies on the streets. You can bank on the fact that if I see someone working on a home without following the same guidelines I'm expected to follow I will be burning the phone off the wall at our local EPA office and will DEMAND a follow up as to what they did about it. IF they do nothing but a slap on the wrist then I will personally publish a blog about how shady this new procedure really is. I can't believe they haven't figure how how many metric tons of plastic we will create and ad to the lanfills, but I guess they figure our grand kids can deal with that right?
That was $20 extra.
and do you know where these lead chips go? Land fill? extra money for what? I am sorry it is a waste of time and money.
Mike - I think you've expressed your thoughts pretty well. While I tend to agree with you I also think one or two comments are sufficient.
I am opposed to this law. If the house isn't occupied by a pregnant woman, a child under six, and knowledge of paint history -- i would think it's null & void. I am concerened of the non-licensed labor that now has to go threw hoops, to work. I say, find away around it.
enough is enough we have let the government take to much control already we are the taxpayers we need to stand up and speak out for our rights when is this going to stop if you love you america then we need to get america back this new law was passed on lead paint and the taxpayers had no say in this contact your sentors and let them know its time to let the voters in on things like this we have the right GOD is our commander and cheif we need to live by his commandents
Does just the owner/contractor have to get licensed? Or do all of the workers have to get licensed also?
Thanks
Shelly - From what I understand this is for Contractors who perform services. Don't quote me but I do not believe this has anything to do with home owners doing their own work. However, the guidelines do make sense for everyone to follow.
The requirements are for homeowners as well. You might say to heck with the requirements -- if there is no pregnant woman, no children under six, and knowledge of your paint history -- allthough The Government assumes regardless. I have wrote my Reps., and i encourage you all to do the same.
I personally can't believe the comments of those who just accept this. This is going entirely too far. Are there any property rights left in this country?