Shawn 
 
 
 
The New England Region 1 office of the EPA has issued the following guide: 
 
 
 
Renovation, Repair and Painting Rule (effective April 22, 2010) – 
 
 
 
To report firms and renovators who are paid to perform renovation, repair, and painting projects that disturb Lead-Based Paint in homes or child-occupied facilities (such as day care centers and schools) built before 1978, but who are not certified, trained, and/or following lead-safe work practices,  
 
 
 
OR 
 
Disclosure Rule –  
 
 
 
To report a property owner/property manager who did not notify tenants or purchasers of residential property about potential Lead-Based Paint hazards,  
 
 
 
OR 
 
Pre-Renovation Rule –  
 
 
 
to report a renovation contractor who did not notify a property owner about potential Lead-Based Paint hazards,  
 
 
 
You may: 
 
 
 
Complete an online electronic tip/complaint form  
 
(Available at: http://www.epa.gov/region1/enforcement/leadpaint/reportviolations.html) 
 
 
 
OR 
 
 
 
Download this tip/complaint form and mail or fax to: 
 
 
 
Sharon Hayes 
 
EPA - New England, Region 1 
 
5 Post Office Square, Suite 100 (OES05-4) 
 
Boston, MA 02109-3912 
 
Fax: (617) 918-0328 
 
 
 
OR 
 
 
 
Contact our Call Center at 1-888-372-7341 
 
 
 
Most contractors I’ve spoken with are reluctant to report RRP violations for two basic reasons: 
 
 
 
Number one: Most feel that the EPA will discount reports and not do anything in a timely manner that would directly and immediately benefit the reporting renovator. The perception of the trades is that there are currently many rules on the books that are not enforced, so why would they expect this rule to be any different. Many have heard from local officials that have no interest is supporting them because the rule is the responsibility of the federal government and the local officials have no jurisdiction.  
 
 
 
Of course I think this thought process is short sighted but I do understand the plight of the small businessman attempting to squeak out a living in these tough economic times. The fear of litigation against them is another factor I often hear brought up. Most of these fellows would rather just lick their wounds and get on with quoting the next job in hopes that the consumer would get what they paid for, shoddy workmanship. 
 
 
 
Number two: The fear of retaliation against them or their business for mistakenly reported complaints. 
 
 
 
Now on the other hand, I have, in the past few weeks, received calls from frantic, untrained, tradesmen claiming they have been contacted by the EPA and in one case the Massachusetts Division of Occupational Safety, inquiring about jobs they are currently doing or jobs they have done in the past two years. So the best advice I can offer is, make sure you are complying with the laws of the land, become certified, take advantage of the marketing opportunities this new rule brings to the table 
 
 
 
Tony Calistro 
 

Shawn, I love your analogy with the TV. A lot of times these people are thinking they are "getting one over" on the big bad government, but they are really hurting legal, legitimate contractors and themselves but not hiring legal contractors, and therefore the work could be dangerous to their health. I think this problem goes way beyond the RRP rule, but finally with this rule there is an easy place to report it.  
 
I think it is great that the EPA has included this form, but if you look at the required fields, the reporting contractor must put their personal information in. If the reporting can not be done anonymously, I don't think many will want to report. A lot of the towns they work in are not that big, and if people found out they were reporting other contractors, it could hurt their business. Is there any way to report this anonymously?

Tony and Christopher, thanks for your comments.  
 
 
 
Tony, you obviously have a great handle on how the rule affects your customers. I also know Rings End Lumber does a great job providing educational opportunities to help their customers. Vendors have a huge opportunity to help all of us make this work for remodelers and homeowners. It would be great if more contractors attended education about this rule beyond just the required certification training. 
 
 
 
Christopher, reporting anonymously has two sides. I agree giving your name adds risk. However, by requiring a name the EPA is discouraging false claims by consumers and competing businesses that might have an axe to grind. As I mentioned in my post, Mark Paskell is willing to be the middle man, but he too wants to be confident there is a real violation before he reports. 
 

"To thine own self be true". 
I will not report.  
I am compliant though. I hold out hope the rule will be revisited and a simpler and more realistic process is determined to work. I don't think it's too late to get the industry behind this rule and advocate some changes. We won't get rid of the unregulated companies unless homeowners face the same fines we do.

I truly do understand your reluctance to report and admire your decision to comply with the new rule. There is much that should be improved with the rule and I, like you, believe change will come forth as we work together with the EPA for the benefit of all, especially the thousands of children that are effected by lead poisoning every year. The government will not and can not rule against the people who chose to hurt themselves, as it is their constitutional right to do so. All the government can do is to protect those same people from being hurt by others. But the government can not do it alone. My question simply is, why would upstanding trades people such as yourself, allow unscrupulous others to come into their trade and tarnish the reputations people like you have worked so hard to establish? I often hear stories of unprincipled renovators that “Take the Money and Run”. Reporting offers an opportunity to change that.

Tony, my opinion is based on my belief that reporting will just breed a better level of criminals. The other thing I believe is if enough good guys show displeasure with this rule that after losing jobs to these non committed contractors and homeowners they will be inspired to collect into a strong industry voice, something we are sorely lacking. I believe there is a chance that we will also build a sophisticated group of home owners who will become somewhat expert at avoiding the EPA rule. 

We have all heard at one time or another about the contractor who had taken a clients deposit check and could never be found again to complete the work. These are the fellows that give trades people a bad reputation, sort of like the way people feel about car salesmen.  
 
 
 
Why would we allow someone to come into our trade and destroy the good name we have worked so hard to create?  
 
 
 
By allowing these unlicensed, unregistered, or uncertified people to take work away from honest, hardworking, and proud tradesmen aren’t we condoning their illegal practice? Aren’t we also artificially reducing the ability to make an honest wage because these untrained, uninsured Mickey Mouse contractors don’t have the overhead good businessman carry? Would we allow our sons and daughters or mothers and fathers to be duped by these people? Then why, I ask, would we allow them to hurt our clients or prospective clients?  
 
 
 
Business is about relationships and trust and those we need to earn. I too agree that our industry is sorely lacking a voice in these matters. But that voice will never be heard if we keep our heads in the sand. 
 

Well said Tony. I wonder how many vendors share your opinion? Will vendors join the effort to eliminate the illegally operating businesses and workers? Will vendors stop offering "Pro" services and discounts to those who are not "pros"? If they are willing to do so, how will they measure who is a pro and who is not?

That’s a good point Shawn. Speaking as a vendor, all we can do is offer our customers educational opportunities to become better business people. I believe vendors and trades people are business partners. We have a business responsibility to keep the people we do business with informed about new products, new procedures, new installation methods and in the case of RRP, new rules that will effect them. Our company believes that an informed business partner makes a better customer and hopefully they see us as a better supplier. Trades people look to suppliers for support and that’s what we try to do for them. If your readers aren’t getting this from their suppliers, they need to speak up. If they still don’t get that support, maybe another supplier is the answer. 
 
 
 
When we have this type of business partner relationship open and honest communication is the result. Contractors will often ask for advice and we will often offer advice when we see something wrong being done. The end result is again a better customer, an educated customer, a member of the family.  
 
 
 
Our success depends upon their success and education is the most important tool in the tool box. 
 
 
 
Thanks for all you do for the industry