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City Officials Drop The Ball On RRP Rule. Will City Be Fined?

  
  
  
  

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City Officials Drop The Ball On RRP Rule.  Will City of Racine WI Be Fined?

In a September 20, 2010 article by the Racine Post in Wisconsin, the on-line news web site provides a very in-depth report about RRP violations on city financed and managed renovation projects.   The article serves to demonstrate and validate the challenges law abiding and conscientious businesses have when trying to work within the RRP rule.  A combination of illegally operating contractor competition as well as ineffective, under-funded and or non-existent enforcement has made earning a living challenging for legitimate business owners as well as the employees who work for these businesses.

Wisconsin is one of the states that has assumed administration and enforcement of the EPA RRP Rule.  The article reports that Bill Bielefeldt alerted the Wisconsin State Department of Health Services about unsafe lead practices on city-owned homes.  Racine's Neighborhood Stabilization Program (NSP) is designed to renovate and sell rundown homes in foreclosure. The article includes a photo gallery of pictures showing a variety of violations at the projects being managed by the city.

Bill Bielefeldt
Bill Bielefeldt is a housing technician for the city of Racine. He received an award from the Wisconsin Rental Housing Legislative Council for his work on lead-safe practices. (Photo by Racine Post)

Bielefeldt claims the city program meant to improve neighborhoods may be endangering children.  "It's embarrassing that the city isn't following its own rules and concerns", Bielefeldt said.  "I would be just as much at fault as they are if I didn't report that," he said. "I didn't just go blindside them. I told them about this, and they chose not to do anything."

Now, the city is facing major violations for creating potentially hazardous conditions. The city's response to Bielefeldt?  The Racine Post reports the city sent two uniformed police officers to Bielefeldt's Mount Pleasant home just before midnight on Sept. 17 to deliver a letter saying Bielefeldt was prohibited from all of the city's NSP sites.

Here's the letter the city delivered to Bielefeldt just before midnight:

Mr. Bielefeldt;                                               
It has come to my attention that you have been on city-owned property without authorization.  Pursuant to your suspension of employment beginning September 10, 2010, you have been relieved of your duties as a Housing Technician as of that date.  Be advised that You are not to enter any city-owned property under the control of this department, including but certainly not limited to any homes that are now or are in the future in the Neighborhood Stabilization Program.

Further, you are not to contact any property owners participating in the city's loan program or any related programs, such as downpayment assistance, and you shall not represent yourself as a current City of Racine employee during the course of your suspension and/or upon termination.  As was said to you on September 10, 2010, any requests for information from this department must be made directly to me for response.

 Failure to comply will result in the city seeking all civil and criminal remedies available to it.
                                                                                                                                            
 Signed,
    
 Brian F. O'Connell
 Director of City Development

------------

I predict we will hear many more stories similar to this one as more contractors become frustrated with illegal completion and the public becomes aware of the dangers of lead paint as well as how the RRP rule will affect them and renovations at their homes.
 

Comments

no more freedom in usa,dictatorship exists, its all in who you know, and dont make waves Racine ,be ashamed of you doings, what a terrible thing to do to our citizens, where i live in Newburyport mass, same thing go's on here too,even with people filling storm drains with fertilizer and yard waste, household waste,the town does nothing,nothing even with photos of it in progress, its all in who you know, J R
Posted @ Thursday, September 23, 2010 9:13 AM by James Raymond
One word; Accountability 
 
This sitiuation is going to get worse. Their was a interior renovation on a CDC project in Worcester Mass this summer with governemnt funding there was no notification, no containment, no signs, no plastic. Just piles of torn out windows, doors, cabinetry, counters, flooring and plaster left to be picked up at the end of demolition. The manager was told by a RRP trained sub contractor that the job was in violation of lead safe practices. The CDC manager said the project was under budget they had to do what they had to do. 
 
Speaking on behalf of legal law abiding contractors it is time that officials do everything within legal means to hold non-compliant entities accountable. I am getting many call from compliant contractors on what can they do when they lose jobs to illegal contractors, moonlighting fireman and teachers, illegal aliens and lately laid off union workers taking work for cash. 
 
For cities, towns and municipalities and action counsels overseeing weatherization projects that violate the law maybe they should lose their funding? If not they definitely should be told they must stop work immediately and their directors should be removed for endangering the health of the public. What do you think will happen to an average joe contractor if he is in non-compliance?? 
 
Lastly if compliant contractors have to pay for the training and comply it is only fair that others do the same. Maybe its time to start a tea party for residential contractors.
Posted @ Thursday, September 23, 2010 9:41 AM by mark the coach
Shawn, great article. My major concern is that the EPA will focus on fining certified renovators who are not perfectly following the rule, but are trying, and not even go after those who are acting illegally, unless possibly they receive a complaint. Have you heard anything from the EPA or any states administering the rule about this?
Posted @ Thursday, September 23, 2010 9:54 AM by Christopher Wagner
I agree with Chris Wagner. The problem is not RRP it's how it has been delivered and implemented. 
We will see more stories like this and a continued uneven approach to enforcement. This rule should be to keep us safe, not a punishment for past building practices that we are now responsible for.
Posted @ Thursday, September 23, 2010 10:08 AM by Paul Lesieur
Christopher, I have heard that the state of MA is already out there enforcing the rule with several fines pending. Once the cases have been finalized we will learn the details including who was fined and the amount of the fines. My contacts in MA tell me that the MA Dept of Occupational Safety has also been requiring blood testing of workers who were found working in violation of the rule. Several tested positive for lead poisoning and will require medical treatment. I wonder how that will affect workers comp rates for the businesses in violation.
Posted @ Thursday, September 23, 2010 10:28 AM by Shawn McCadden
Chris, 
 
In Mass I have been told by the EPA and the DOS that they will first seek to discover if contractors are attempting to follow the RRP Lead Rule. If attempts are obvious outreach and education will be the first approach. This is consistent with what we have been told to date by contractors we have trained. However, if they find complete disregard or apathetic attitudes they will take a different stance. As far as recent site visits by DOS, you are correct that they are insisting on blood lead testing if there are obvious violations. Unfortunatley, some who have been tested have lead poisoning. Mass DOS is very active in the neighborhoods. They will shut down a job and require the non-compliant contractors to get training right away. To date I do not know of any official fines, only outreach and warnings. My source is Patty Sutliffe from the DOS.
Posted @ Thursday, September 23, 2010 12:25 PM by mark paskell
Honestly, the more I read and hear, it seems that the EPA should take a page out of the book from the Mass DOS. They seem to be truly trying to get people to comply, and giving them chances. Their approach, though not perfect, would be a palatable one if the EPA would implement it. The problem with the EPA right now, is nobody knows what they will focus on. 
 
I had one contractor tell me yesterday that he was told only a certified renovator was allowed to touch the documents. His understanding was that it went so far as to an admin/secretary in the office couldn't even file it away, because they were not certified. Some people are ignoring it, while others are completely scared.
Posted @ Thursday, September 23, 2010 12:38 PM by Christopher Wagner
My remodeling firm is in total compliance with the EPA RRP lead law. I have been conversing with friends and associates from many states in the trades as well as realtors, home investors, as well as home owners.  
 
 
 
Most are basically aware of this EPA law but many are choosing to ignore it for the time being because of the poor state of the USA economy.  
 
 
 
They figure that for the most part the EPA will not have the funds and manpower to enforce the law especially in out of the way bergs. Nor will anyone have the political will to do so.  
 
 
 
Seems totally unfair to those honest firms and citizens who have gone to great lengths and out of pocket expense to be compliant with the EPA RRP lead paint law.
Posted @ Thursday, September 23, 2010 3:50 PM by Teetering On The Edge
Brian F. O'Connell, Director of City Development, Racine WI: did you really send/sign that letter to Bill Bielefeldt? WOW! you've got big ones! 
 
Posted @ Thursday, September 23, 2010 9:26 PM by Brian
The city of Racine managed to whitewash these violations with the State Health Dept. of Wisconsin. I serve on the State Health Department's IOC Committee for prevention of childhood lead poisoning. In the past I have addressed two Senate Subcommittees on the issue of childhood lead poisoning. To our shame, the State failed to issue any citations even though many violations have been validated with photos and addresses provided to the State. The termination of my employment now limits my ability to protect the children and citizens of Racine, WI. The Mayor of Racine stated on Racine radio that there was only one minor violation and the State says Racine is doing a good job with their NSP Program. Examine photos, addresses, and how many contractors were in violation of the RRP Rules and it is evident that the Mayor has convinced the State to overlook their non-compliance of lead safe rules.
Posted @ Saturday, February 19, 2011 7:26 PM by Bill Bielefeldt
Bill, I would think there would be other avenues you could use to get authorities to determine the true extent of the situation. Maybe even a local TV station?
Posted @ Sunday, February 20, 2011 8:03 AM by Shawn McCadden
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