Be Heard: How Has The RRP Rule Affected Your Business?

Your help is requested

I am writing to you today asking for help.  And, at the same time, I am hoping to help you.

The recent RRP rule requires contractors to follow certain lead-safe work practices to protect homeowners, their families and the workers who perform work where lead paint is or might be present.  The rule also requires training of workers to be sure they know how to do the work, protect themselves and stay in compliance with the rule.   Lead poisoning is a real issue.  Protecting people from the dangers of lead is the right thing to do. Although we may all have our own opinions about the actual rule itself, as an industry and as professionals, we must do what is right.

In my efforts to help our industry work with this rule and the EPA, I have been a strong voice calling for compliance with the current rule as it stands.  I have also been a strong voice in regards to questioning the practicality of the rule as well as the EPA’s apparent lack of interest in enforcement.

Many businesses, ranging from remodelers, subcontractors, manufacturers, distributors, vendors, trainers and even trade associations have contacted me to express their disappointment with EPA’s handling of this rule since it took effect on April 22, 2010.   Although EPA claims to have done extensive outreach to consumers and the regulated community, the results of their efforts have proven to be ineffective.   Enforcement of the rule so far has been almost non-existent, particularly in light of the number of non-compliant businesses still doing the work in ways that are definitely poisoning our children, their families and those workers who perform renovations where lead is present.  The EPA’s June announcement regarding their decision to delay enforcement of the training and firm certification requirements was interpreted by many renovators as a delay of the whole rule, not just the fines for such violations.  As a result, many businesses trying to support renovators in complying with the rule have reported that sales have dropped to the point where they must consider shutting down.   I could go on with my list but I am probably preaching to the choir.

I want to help you and others who are trying to comply with this rule. Here’s how you can help me. First, send me your thoughts regarding how this rule is affecting you, your business, your employees, the economy, our industry and any other areas of importance.   My plan is to assemble the information I receive and then share it. Because of the failure of the EPA to raise public awareness regarding the dangers of lead, policy makers and influencers simply aren’t “getting it.” Therefore, I intend to do my best to publicize the data in a way that attracts the attention of those who have the ability to force our government to stand behind their commitment to protect our citizens from the dangers of lead.

Second, if you have suggestions, contacts and or the means to assist me in distributing this information to those who can help us with this important issue, please let me know.  Anyone is welcome to leave comments here at the end of this blog.  However, I would prefer that you e-mail me your thoughts in letter-like form and that you include your complete contact information as well as your permission to use and distribute what you send me.  I will not redistribute information from anonymous parties.

I thank you in advance for your consideration and your help.  Please feel free to forward this information to others who might be able to help and or need help regarding this serious concern.

Shawn McCadden

Remodeling Industry Specialist

shawnm@charter.net

New Shawn McCadden Videos About The EPA RRP Rule; RRP Information For Renovators

I recently completed a series of seven videos about the new EPA RRP rule. The RRP videos were done for Remodeling magazine. They are posted to the Remodeling TV area of Remodeling magazine’s web site.

The videos are sponsored by The Home Depot. The video series is titled “The Insider's Guide to the EPA's Renovation, Repair and Painting Rule”. The series covers critical information about the Environmental Protection Agency's RRP rule and certification process, and explains how the rule may affect your business.

I had a lot of fun doing the videos. Lots of great people donated their time, knowledge and expertise. I also learned a lot from writing the script, interviewing contributors, editing the script with the magazine’s editor Sal Alfano, reviewing the raw footage, and working with the videographer, Chuck Greeen of Perpetual Motion Pictures. Working with Chuck was a unique advantage. As a fellow remodeler and Certified Renovator, Chuck not only filmed and edited the videos, he also contributed greatly to the content and success of the whole project.

Here is a list of the videos, a brief description of what is discussed in each as well as links to view them:

Video One: The EPA RRP Rule and Your Business

This video covers the business responsibilities, associated liabilities and risks related to the RRP Rule. Kermit Baker, Senior Research Fellow at Harvard University's Joint Center for Housing Studies stresses that remodelers need to become experts in this area or leave the work to others who are. Attorney Mike Sams of Kenney & Sams, P.C. warns about the legal liabilities for failure to follow the regulations. Shawn McCadden discusses the firm and worker certification process, related fees as well as certified renovator and firm responsibilities.

Video Two: RRP Training

This video covers the worker training requirements of the rule and the content of the EPA Certified Renovator training class. Shawn McCadden also discusses the importance and benefits of choosing a training class conducted by a training instructor with real life renovation experience.

Video Three: EPA RRP Notification Requirements

The EPA RRP rule specifies certain notification requirements depending on where the work is done and who occupies and or visits the building being renovated. This video covers these requirements, related firm documentation requirements as well as the information and documentation that must be given to property owners and others. Shawn McCadden also discusses many of the important details that must be included in the required documentation.

Video Four: RRP Work Practices

This video includes a summary of the required lead-safe work practices required under the RRP Rule. Shawn McCadden walks through critical considerations related to the rule that must be followed to stay in compliance with the rule, protect occupants and workers and to control costs. Shawn also discusses interior and exterior cleaning and cleaning verification requirements.

Video Five: RRP Record Keeping

Inspection of the required documentation under the rule will be a major enforcement tool used by EPA. In this video Shawn McCadden discusses the required documentation related to worksite activities as well as many business administration activities. Mark Paskell of the Contractor Coaching Partnership shares a few of the many methods EPA will have at their disposal to inspect and verify a firm’s compliance with the rule. Shawn adds several more methods to Mark’s list and also discusses the penalties and fines EPA can assess on violators.

Video Six: Exemptions to RRP Work Practices

In this video Shawn McCadden gives examples of when, where and why the RRP rule and work practices are not required under the rule. Shawn stresses that even if the work practices are not required under the RRP rule, your business will still be liable if lead poisoning and or contamination results from the way work is performed. Shawn and contractor insurance expert Tom Messier of Mason and Mason Insurance both stress the importance of verifying proper and adequate insurance coverage to protect your business, available coverage options as well as related costs for coverage.

Video Seven: Business Considerations and Summary

Shawn Mccadden stresses that this new rule is a game changer. Shawn tells us businesses must take this new rule seriously and adjust their business practices accordingly to protect profits and control liabilities. Mark Paskell of the Contractor Coaching Partnership stresses that contractors should verify that the documentation forms they use will comply with the rule and also assist the business in managing and performing the work. Gerry McGonagle of Belfor Property Restoration offers his advice on qualifying the right employees to do the work. Shawn also discusses some of the new responsibilities the rule brings with it for employees in all positions within the business.

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

How much will it cost contractors to comply with the Renovation, Repair, and Painting (EPA RRP) Rule?

First, there are up-front costs including firm certification (required to offer, sell and or be under contract to perform the work) and the cost of Certified Renovator training for those doing and or supervising the actual work.  Other up front costs can include tools and equipment needed to perform the work including a HEPA vacuum, cleaning equipment, personal protection equipment for workers, specialized tools and containment related equipment such as products like Zip Walls.

There will also be job related costs specific to the kind of work performed.  Examples could include additional labor, tape, plastic sheeting, cleaning solutions, sprayers, staples, disposable wipes, HEPA filters, trash bags, tack pads, etc. Click here to request a tools and supplies shopping list.   Contractors will need to consider new estimating categories/divisions as well as matching job costing categories to help verify and or improved estimated cost assumptions.  Time cards and labor tracking codes should also be considered.

Contractors should also be aware of related overhead costs.  These costs could include employee time to fill out and maintain required documentation, training of non-certified workers, delivery and documentation of pre-education materials, marketing and sales related expenses, time trying to get answers from the EPA, recertification costs, employee health testing, updating contracts, legal advice, insurance costs, continuing education, law suits, etc. 

Contractors should devise ways to separate out EPA RRP related  job costs and overhead expenses within their financial system in a way that gives them the ability to determine how RRP related compliance affects their costs of doing business.

Here is how the EPA answers this question:

"Information collected by EPA for the purposes of the rulemaking indicates that many contractors already follow some of the work practices required by the rule, such as using disposable plastic sheeting to cover floors and objects in the work area.  These estimates do not include the costs of those practices.

EPA estimates that the costs of containment, cleaning, and cleaning verification will range from $8 to $167 per job, with the exception of those exterior jobs where vertical containment would be required.  This includes:
·     Costs of equipment (for example, plastic sheeting, tape, HEPA vacuums and tool shrouds - the equipment varies by job).
·     Costs of labor (for example, the time required to perform cleaning and cleaning verification).

In addition to work practice costs, your costs will include training fees and certification fees.  The costs include:
·     Training costs to individual renovators working in pre-1978 housing or child-occupied facilities who must take a course from an accredited training provider (cost is set by the training provider; estimated to be about $200 for a 5-year certification).
·     Certification costs to firms to obtain certification from EPA ($300 fee to the U.S. Treasury for a 5-year certification.  (This fee is required by law to cover program administration)." 

Under the EPA RRP rules Certified Renovators and Certified Firms are required to have certain documents with them at certain times and must also create and store certain records related to the projects they work on that fall under the EPA RRP Rule.   Documents related to projects that fall under the RRP Rule must be stored and, in the case of an audit,  be available to the EPA for inspection for a period of three years.

Depending on the work performed, who sold it and who did the work, some or all of the following may be required:

• Copy of the Certified Firm and Certified Renovator(s) certifications
• Non certified worker training documentation
• Proof of notification and or pre-education of owners, tenants, and or the parents of children attending child occupied facilities.
• Designation of Certified Renovator to the job
• Information on and results of the use of EPA-recognized test kits provided by a Certified Renovator who acted as a representative on the Certified Firm at the job site and who conducted testing for the presence of lead-based paint on surfaces to be affected by the renovation
• Lead based paint inspection reports provided by a Certified Lead Inspector or Certified Lead Risk Assessor, if applicable
• Any other signed and dated documents form the owner(s) and/or residents regarding conduct of the renovation and requirements in the EPA RRP Rule
• All reports required from the Certified Firm and Certified Renovator by the EPA RRP Rule

Samples of several of these documents can be found in the EPA Publication titled: Small Entity Compliance Guide to Renovate Right

Rhode Island administers their own RRP program.  Here is an addition documentation consideration related to renovation record keeping for those operating in RI:

"A log book with consecutively numbered pages is maintained at each job site which contains the names, license numbers, and dates/times in and out for all Lead-Safe Remodeler/ Renovators gaining access to a containment area."

"Ensure that unlicensed workers trained pursuant to §14.4(b)(2) and all other persons who enter a containment area print and sign their names in the access log book documenting the date and time entering and leaving the containment area."

Click here to view or download the RI Regulations as a PDF

Note:  As of July 9, 2010, Massachusetts has also taken over enforcement and administration of the RRP rule.  Massachusetts has a similar log book requirement to the one described above for Rhode Island

Click here to view or download the MA Regulations as a PDF

If you are looking for forms and signage to help you with comply with the EPA RRP rule, I recommend you check out what The Lead Paint Forms Store has to offer.

Question:
I am a small painting contractor and want to take the lead workshop being offered by the city of San Diego. They say I need to register my company with the EPA RRP before taking the class. Can you tell me what I should do first? Thanks Jim

Thanks for your message.   You are in a tough spot.  It might not make you feel any better, but you are in the majority of contractors who have been blindsided by this new rule.

You can do either first.  You do not need to be a EPA Certified Renovator before applying for Firm Certification.  Firm applications can take up to 90 days to process and, according to the rule,  starting April 22^nd you are not supposed to offer, sell or perform work on homes build prior to 1978 unless you are a certified firm.

Here is what I suggest:

• 1. Go to the EPA RRP Info page on my website and find the link to download the firm application. Fill it out and send it in ASAP along with the required $300.00 fee.
• 2. Take your Certified Renovator class as soon as possible.
• 3. Request and download the RRP Summary I offer on the EPA RRP Info page of my website. This will give you a good overview of what you will need to be aware of and consider.
• 4. Down load and read the EPA Brochure titled; Small Entity Compliance Guided to Renovate Right.  Read the guide from cover to cover.   It is a great summary and will give you a big picture understanding of the rule and how it will affect your work and your business practices. 
• 5. Read the actual rule; including the amendments and the preamble. This too is available as a link on the EPA RRP Info page of my website
• 6. In addition to the work practices, you will need to understand the new business responsibilities and how they will affect your business practices; including sales, contracts, estimating, scheduling and subcontractor relationships, just to name a few.
• 7. Make a list, get the help you need for the things you cannot do or get yourself, and start working your list.
• 8. If you have a headache already, take a few Advils now...

I hope this helps.  Keep checking back on this site.  I am continuously adding new info as I find it.   Be careful where or who you get your info from.  There is a lot of mis-information going around out there.