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

Know the Difference Between RRP and Deleading To Avoid Breaking The Law

According to the Massachusetts Lead Law, any apartment unit or single family home with an occupant who is less than six years old must be deleaded. I bet if you are a Massachusetts resident you probably had no idea that this law existed. If you live outside of Massachusetts, you may want to find out if a similar law exists.

Deleading under the MA Lead Law requires the removal or covering of lead paint hazards in homes built before 1978 where any children under six live. Lead paint hazards include loose lead paint and lead paint on windows and other surfaces accessible to children. Owners are responsible with complying with the law. This includes owners of rental property as well as owners living in their own single family home. After deleading is completed, homes are "lead-safe", not "lead-free." In Massachusetts, financial help to accomplish deleading is available through tax credits, grants and loans.

Renovators need to understand that RRP work is not deleading. Your certification and or licensing to do RRP work does not qualify you to do deleading. If deleading is the customer’s purpose for doing the work, only a licensed deleader can do the work unless the property owner does the work himself. (If you are a MA property owner contemplating deleading work, see the note below)

At a recent RRP Workshop I presented in Marlborough MA, one of the attendees, wanted to make sure that everyone in the room understood the difference between RRP work and deleading. In the video below Lawrence “Skip” Moran of Lawrence J Moran, a licensed deleader and remodeling contractor, offers some clarification to help renovators avoid potential violations, fines and or challenges with their customers. Although some of the terms Skip uses in the video may be specific to Massachusetts, renovators around the country should heed what he has to say and check into deleading laws where they work before offering or performing deleading services for clients and or doing deleading at their own rental properties

Note: In Massachusetts, an owner or agent (someone working for an owner without a deleader's license) can perform some specific tasks, but cannot begin any of those tasks until:

1. The home is inspected by a licensed lead inspector
2. The owner or agent is properly trained to perform the deleading work

For more information about what work may be done by an owner or agent and how to become trained, call the Childhood Lead Poisoning Prevention Program at 1-800-532-9571

For more information about RRP for landlords in MA, contact the MA Department of Occupational Safety (DOS) at 1-617-969-7177

Abatements vs. Renovations What's the Difference?

Renovators doing RRP work definitely need to know the difference between renovations and abatement.   Unless specifically licenced to do so, renovators are not allowed to do abatement work.  Renovators would be wise to make sure property owners know the difference as well.  Employees should also be clear on the difference between renovations vs abatement, so as not to misrepresent the work they are doing when discussing a remodeling project with clients and prospects.

Abatements vs Renovations

Abatement means an activity designed to permanently eliminate lead paint hazards. Abatement includes any of the following:

• The removal of lead paint and lead-contaminated dust; the permanent enclosure (barrier) or encapsulation (special paint coating) of lead paint; the replacement of lead-painted surfaces or fixtures; the removal or covering of lead-contaminated soil; and any preparation, cleanup, disposal, and post-abatement clearance testing associated with these activities.
• A project for which there is a contract indicating that a company will be performing work on a housing unit, day care center, preschool, or kindergarten that is designed to permanently remove lead paint hazards.
• -A project resulting in the permanent removal of lead paint hazards, conducted by a certified abatement company.
• A project resulting in the permanent removal of lead paint hazards, conducted by a company who, through its name or promotional literature, represents, or advertises to be in the business of performing lead paint activities.
• A project resulting in the permanent removal of lead paint hazards that is conducted in response to a state or local government lead abatement order, as in the case of a lead poisoned child.

Abatements are generally performed in three circumstances:

• In response to a child with an elevated blood lead level
• In housing receiving HUD financial assistance
• State and local laws and regulations may require abatements in certain situations associated with rental housing.

Abatements are not covered by the RRP rule.

Renovations are performed for many reasons, most having nothing to do with lead-based paint. Renovations involve activities designed to update, maintain, or modify all or part of a building. Renovations are covered by the RRP rule.

Other terms and definitions:

Painting and Coatings terms and definitions

Glossary and Definitions of EPA RRP Terms

CT NARI Chapter Advises Membership How To Report RRP Violations

While at the Remodeling Show last week in Baltimore a CT remodeler shared with me that his local NARI Chapter, The Remodeling Contractors Association of Connecticut, had e-mailed out information to its membership about how to report violations of the RRP Rule to the EPA.   The e-mail included a PDF form created by the Region One EPA office as well as a link on the EPA site that could be used to report violations.

Although every “legal” remodeler I have spoken to expresses concerns about illegal competition doing their work in violation of the RRP rule, these remodelers are split about whether to report their illegal completion or not.  At the Opening Session I presented on Thursday morning at the Remodeling Show I offered my point of view on this.   I suggested that illegal contractors and the home owners who hire them are stealing business and money away from legal remodelers and their employees.  I gave the example that if you or I steal a TV from someone and get caught, we must return the TV and suffer any consequences.   If an illegal contractor or home owner steals a deck job from a legal contractor little or nothing is ever done and the home owner gets to keep the deck.   How long will our industry and the trade associations that represent us tolerate this?   Just like with illegal immigration, because our government does not enforce existing rules and laws on a consistent basis, illegal contractors operate with little fear of being caught and even if caught, have little fear of any consequences.

The reporting of illegal contractors is every contractor’s choice.  In a recent survey I created for Remodeling magazine the following question was asked.  

The survey was first sent out to the magazine’s reader panel.  157 people responded to the survey results shown above.  The numbers in the pie chart tell an interesting story.   Only 16% of those who responded indicated they would not report a contractor operating in violation of the RRP rule.   Just over half are still trying to decide.  

As we all wait to see what happens with the economy and how long a real recovery will take, I predict that their ability to pay their mortgage and put food on the family table will persuade many remodeling business owners to take action and defend their ability to run honest businesses.

If you would like more information about reporting violations and violators, check out this blog by Mark Paskell of the Contractor Coaching Partnership.   Mark even offers to do the reporting for you without divulging your identity.

For Large RRP Remodels; Renovate or Tear Down and Start Over?

Question from an RRPedia User:


“Shawn, We have met a number of times, most recently at the Rings End event, which was great, informative and overwhelming. I'm not sure where to go for the answer to this question and thought maybe you could direct me. We are bidding a sizable remodel and the architect has note for that bidders are to follow RRP guidelines. Its pre-1978, we will be disturbing 75%+ of the existing structure and it is unoccupied. I'm thinking that we don't need to address the tarping and cleanup because of the magnitude and vacancy. If we do then we need to consider a tear down. Any guidance you can give would be appreciated. I'm sure you get this all the time so I understand if you can't get to it. Best regards, Ray Gaines Sr, Gaines Construction Co. Inc.”

Ray:
Thanks for your message. This question has come up several times already from other contractors like you who are trying to do the right thing and interpret the EPA RRP rule correctly.

The fact that the property is unoccupied during the renovation makes no difference regarding whether the EPA RRP rule applies. This is confirmed on the FAQ page of the EPA web site. Because of the removal of the opt-out provision in July of this year, any residential property where people live or will live (referred to as target housing) now requires the lead-safe practices unless the home tests out negative for lead under the EPA guidelines.

Also under the EPA RRP Rule, unless the entire interior of the structure is gutted down to bare wood, with no coated or painted surfaces remaining, the project must be treated as an RRP project and again the work must be done using lead-safe work practices.  A full removal of all exterior finishes however does require the RRP Lead-safe work practices.  Again, this is confirmed on the FAQ page of the EPA web site.  Keep in mind, all documentation requirements apply as well.

As a side note, your message does say the building is pre 1978; however you do not say whether the property was tested for lead.  If it hasn't been tested, one option to the owner would be to test it.  Of course, if there is no lead, the rule would not apply.

The EPA approved test kits sold by LeadCheck are very accurate.  These tests reliably determine the presence or absence of lead.  If you use these tests the owner would know if any lead is present at all.  However, under the RRP Rule, the EPA says the rule exempts renovations that affect only components that a certified lead inspector or certified risk assessor has determined are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight. EPA further explains that the determination that any particular component is free of lead-based paint may be made as part of a lead-based paint inspection of an entire housing unit or building, or on a component-by-component basis.

So, if the property owner wants to know if there is any lead at all, the EPA approved LeadCheck test kits could be used to do so.  If the owner chooses to use the EPA's action level of lead paint amount to determine if the lead-safe practices would be required, then currently the only way to test for amount of lead would be to use a certified lead inspector or certified lead risk assessor.  

One way to think about this might be to relate it to eating fish.  The government often says that if you fish in certain bodies of polluted water, you can safely eat up to so many of the fish you catch without any health concerns.  If the government says you can eat up to 3 fish a year, how safe would you feel eating even one fish?  Using this analogy, how safe might the owner feel having renovations done if there is any lead present at all at their property?

If you have opportunity to interact with the property owner, I suggest you might find you would stand out from the other bidders if you could share what I have written here with the owners.  It is my opinion that the property owners should know the facts, know their options and then make a decision about how to move forward regarding lead at their homes.

NAHB article regarding Lead Test Kits could be misleading for Renovators and Home Owners

In a recent article about their efforts to address challenges for builders and remodelers due to the new EPA RRP rule, the National Association of Home Builders (NAHB) left out some critical information that causes their article to be very misleading to renovators and home owners unfamiliar with specific details about the RRP rule.   In my opinion, the article also does a disservice to the manufacturer of LeadCheck, the only lead test kit currently approved by the EPA for RRP work.  Although I would stress that the NAHB likely didn’t omit the information on purpose, having done so serves to only add to the already existing wide spread confusion about the new rule.

In the August 9, 2010 article, the NAHB sites an announcement by the EPA.   The article states that; “More accurate, inexpensive test kits will not be available anytime soon.  The kits were expected to be ready by next month and were seen as key to keeping the lead paint rule affordable for home owners”.  The NAHB statement is true, but as stated would give renovators and home owners the impression that the current test kits are not accurate. In fact, the current test kits manufactured by Hybrivet Systems, Inc. of Natick Massachusetts have a twenty year plus proven track record of reliable and consistent accuracy. 

Let me explain:

Here is what was missing from the NAHB article and what renovators and home owners should know so they can make their own decisions about lead testing using the LeadCheck test kits.

The LeadCheck test kits reliably determine the presence or absence of lead.  The test is absolute.   If they used these tests the home owner and the renovator would both know if any lead is present at all.  However, under the RRP Rule, the EPA says the rule exempts renovations that affect only components that a certified lead inspector or certified risk assessor has determined are free of paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter (mg/cm2) or 0.5% by weight.  

In the rule preamble, the EPA stated; “research on the use of currently available kits for testing lead in paint has been published by the National Institute of Standards and Technology (NIST) (Ref. 26). The research indicates that there are test kits on the market that, when used by a trained professional, can reliably determine that regulated lead-based paint is not present by virtue of a negative result.” 

The EPA also stated; “The NIST research on existing test kits shows that existing test kits cannot reliably determine that lead is present in paint only above the statutory levels because the kits are sensitive to lead at levels below the Federal standards that define lead-based paint, and therefore are prone to a large number of false positive results (i.e., a positive result when regulated lead-based paint is, in fact, not present).”

So, if the property owner wants to know if there is any lead at all, the EPA approved LeadCheck test kits could be used to do so.  If the owner chooses to use the EPA's action level of lead paint amount to determine if the lead-safe practices would be required, then currently the only way to test for amount of lead would be to use a certified lead inspector or certified lead risk assessor.   These individuals have and use testing methods that can determine the presence of lead by amount.

Making better decisions about testing:

One way to think about this might be to relate it to eating fish.  The government often says that if you fish in certain bodies of polluted water, you can safely eat up to so many of the fish you catch without any health concerns.  If the government says you can eat up to 3 fish a year, how safe would you feel eating even one fish?  Using this analogy, how safe might the home owner feel having renovations done without using lead-safe work practices if there is any lead at all present at their property?  The choice should be theirs.

If you have opportunity to interact with a property owner, I suggest you might find you would stand out from other renovators the home owner might be considering if you could share what I have written here with the owners.  It is my opinion that the property owners should know the facts, know their options and then make a decision about how to move forward regarding lead at their homes.  If renovators and home owners are under the impression that the current test kits are not accurate, they would be misinformed.

Many remodelers have asked me about resources they can use to find out more about lead, lead poisoning and the EPA RRP rule.  When I ask them why they are looking for this information two common reasons seem to rise to the top.  First, they are looking to better educate themsleves about lead and lead poisoning so they can be better prepared to discuss the health risks of lead with their clients and prospects.  Second, they are looking for resources to share with their prospects and clients, either as part of their marketing efforts or to add to their web sites.

To help remodelers and others, I have collected the following resources.  If you know of additional resources that would be beneficial, please be sure to share them here by posting them to the comment area below. 

Helpful Videos:

-Remodeler Greg Antonioli of Out of the Woods Construction and Cabinetry, Inc posted his own public service announcement on his company's web site.  Click here to view Greg's PSA.  The video was produced by fellow NARI member Chuck Green of Perpetual Motion Pictures 

-In a blog by Monte Smith, Smith has posted 8 videos he found on YouTube.  In his blog, Smith states he assembled eight videos  that, if viewed, will allow the viewer a broad view of the lead/RRP subject from multiple points of view.  He also strongly encourages anyone and everyone to invest a little over an hour of their time to watch the videos and become familiar with this topic.

-Senator Jim Inhofe of Oklahoma says the RRP Rule is a serious problem and a jobs killer.  He offers more information on his website

Information About Working Lead-Safe

A Guide to working safely with residential lead paint

Field Guide for Painting, Home Maintenance and Renovation Work

How to Safely Change a Lead Contaminated HEPA Vac Bag

OSHA standards for cleaning a respirator apply to EPA RRP work

What do I need to know about Respirators when doing EPA RRP work?

Restricted Practices and Prohibited Practices under the EPA RRP Rule

 Web Site List:

(1) Information on Lead for Everyone:

leadfreekids.org

(2) Information regarding the Lead RRP rule on EPA's website:

http://www.epa.gov/oppt/lead/pubs/renovation.htm

(3) Information about all EPA's lead programs:

http://www.epa.gov/lead/

(4) The Federal Register notice for the rule (April 22, 2008):

http://www.epa.gov/fedrgstr/EPA-TOX/2008/April/Day-22/t8141.htm.

(5) Link to Federal Resister notice for opt-out provision removal on RRP rule (May 06, 2010):

http://edocket.access.gpo.gov/2010/pdf/2010-10100.pdf

(6) Pollution Prevention and Toxics Frequently Asked Questions with answers (Note the expandable topics list and key word search feature on the right side of the page):

http://toxics.supportportal.com/ics/support/default.asp?deptID=23019

(7) HUD Lead page:

http://www.hud.gov/offices/lead/

(8) EPA Lead-Safe Certification Program Trade Press Downloadable Materials: EPA is placing ads in various publications and venues to get the word out to contractors and those who influence them about the new Lead Renovation, Repair and Painting Rule requirement that contractors must be lead-safe certified by April 22, 2010. If you are a contractor or someone who interacts regularly with contractors, EPA is seeking help in get the word out about the new rule.   EPA suggests downloading these outreach materials and distributing them by mail, e-mail, your place of business, or by placing them in specialty publications.

http://epa.gov/lead/pubs/lscp-press-materials.htm

(9) There are a variety of Public Service Announcements available for download on the leadfreekids.org web site.  these include announcements for TV, radio, color print, newspaper and web banners.

http://www.leadfreekids.org/materials.html

The EPA has created a "Lead-Safe Certified Firm" logo available for use by Certified Firms who perform work under the EPA RRP Rule.  Adding this logo to company materials such as websites, brochures, invoices, e-mail signatures, business cards, truck signage, job signs, etc. may give a contractor or renovation firm an edge over other companies who have not yet become certified (or who are not yet advertising that they are certified).  Using the logo can also help spread the word to homeowners about the EPA RRP requirements and the need to protect their families from the potential dangers of lead paint.

How to obtain the EPA's "Lead-Safe Certified Firm" logo

Certified Firms can download the logo from https://www.rrpfirmlogos.org/.  Your username is the application ID number found on your certification letter from the EPA.  Your password is contained in an email sent to you by the EPA after certification. If you no longer have your password, you can obtain it by sending email to  EPARRPFirmLogo@battelle.org or by calling 1-800-424-LEAD.

Due to the lack of public awareness conducted by the EPA, Sales people will have new challenges to deal with when it comes to selling work that falls under the new EPA RRP Rule.  

Unless consumers are pre-educated about lead hazards, the new RRP rule and the required work practices before a sales call, the sales person will be spending a fair amount of time explaining these things over and over again on every sales call.   This will likely become monotonous for the sales person and will increase the length of time for sales calls.  It also may have the effect of sidetracking the conversation in a way that changes the prospect's focus away from buying something and or even making a decision.  A good example of what salespeople might experience in discussing the new realities of the RRP with their prospects might be observed in this video where Fox News Business interviewers discuss the RRP Rule with Jim Lett of A.B.E. Doors & Windows, a remodeling contractor from Allentown, PA

I see a two part solution to address the RRP sales challenge:

First, the company should assemble and offer RRP related information for prospects to view and contemplate before the sales call.  This info could be sent to them in advance and or could be posted to the company's website.  Short videos addressing each topic posted to your company's web site would be a great way of doing this.  The information should include topics that answer the kind of questions and concerns a consumer would have, and if possible, relative to the kind of work the company performs.   If the company only offers replacement windows, the type and amount of information the consumer would need could be much less and different than if the company offers full service remodeling.  The salesperson should call the prospect prior to the scheduled sales call to confirm the prospect actually reviewed the information.  This could be done under the guise of confirming the appointment.

Second, the salesperson should be well trained on the same topics and be able to discuss and answer questions about these topics with their prospects in a straight forward way without coming across as an alarmist.  As always, even though it might be tough and or tempting to do, keep politics and religion out of the sales process!

Here is a possible list of topics to consider:

• The dangers of lead paint and how lead poisoning can occur
• Importance of hiring a Certified Renovator
• Work practices and their purpose
• Considerations for occupants during renovations
• Options for testing and related considerations

Question:

What is the "opt-out" provision of the Renovation, Repair, and Painting (RRP) Rule and when does it apply?

According to the Q&A area of the EPA's web site, before you can offer or do work on pre-1978 homes, you must be a Certified Firm (click here to see this Q&A).  So, even if the work practices are not required, or the owner decides to opt-out, offering services or working on target properties requires that the contractor offering the contract to a property owner be a certified firm.

According to the EPA web site:

"The RRP Rule published April 22, 2008, allows homeowners to 'opt out' of the requirement to hire a trained renovator who follows the RRP work practices if the homeowner certifies that (1) the renovation will occur in the owner's residence, (2) no child under age 6 or pregnant women resides there, (3) the housing is not a child-occupied facility, and (4) the owner acknowledges that the renovation firm will not be required to use the work practices contained in the RRP rule." 

NOTE: On April 23, 2010, the EPA announce that the opt-out provision would be phased out. The change in the rule regarding the opt-out will become effective on July 6th, 2010.  Click here for more on the opt-out posted at the EPA Web Site.

NOTE:  Rhode Island is one of many states and or tribal authorities that has been granted and or is seeking authorization by the EPA to administer the RRP program.  The opt-out provision is/will not be allowed in RI.  If you know of the status of the opt-out in RI and or other states, please contribute that information along with a source/link to confirm accuracy. 

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