The following article was written by Hanley Wood. For more information about training made available by CONNOR Institute through Andersen, please visit their website.
Last month, remodeling pros across the country began working under the EPA’s Renovation, Repair and Painting (RRP) rule that went into effect on April 22, 2010, requiring all remodelers to register with the agency before working in older homes where lead paint is present. In reality, the majority of remodeling firms and contractors are still taking the necessary steps toward full compliance under the RRP rule, such as completing the eight-hour Certified Renovator (CR) training and registering with the EPA as a renovation firm. Companies that support the industry such as Andersen Windows, are helping to solve the problem of too-few training programs. Visit their website to find out how to get training in your area. Or ask your Andersen dealer about hosting such a training event for its customers.
While everyone supports the goals of the program, which is designed to protect children from the toxic effects of lead paint, there are substantial preparation requirements that are challenging remodelers and window replacers. As remodelers continue in good faith toward full compliance with the rules, here are five things firms can be doing right now to make a smooth transition.
- Get right with the rules immediately, even if the job began before the RRP went into effect. Even if a job was sold or in progress before the rules went live on April 22, all work currently being performed in that home is now governed by the RRP. Remodeling firms and contractors continuing to work on such homes (assuming the presence of lead paint) without having completed the necessary registration and training risk incurring a $37,500 per-violation fine.
- Research the age of a client’s home before making a sales appointment. The quickest method is to use a third-party service such as HouseAgeCheck.com, a national database of multiple listing services, private real estate postings, foreclosure notices, and tax assessor records, to determine if the home was built before 1978. At time of reporting, HouseAgeCheck.com was charging $1 to $2 per address it checks. Of course, remodelers can always check such public records themselves. Whatever the preference, do not rely solely on the homeowner’s assumption about the age of the residence. Determining the correct age of the home is the contractor’s responsibility, even if the homeowner provided the wrong information.
- Be prepared to itemize and justify lead-related costs to homeowners. As long as the homeowner understands what the RRP requires of contractors working in older homes, a line-item cost for lead-safe procedures is a reasonable expense to pass on. Firms can break down those on-site costs into categories such as: work area prep, dust containment set-up, dust containment tear down, work area cleaning, and verification and recordkeeping. Soft expenses, such as for employee training and EPA registration, will likely have to be borne by the firms.
- Get used to keeping detailed records of renovation projects. This paper trail will serve as the firm’s best defense in the case of an audit by the EPA or legal action by a homeowner. The records should provide the following information:
- The results for any lead-paint testing performed at the beginning of the project.
- A signed document showing that the homeowner was notified of the dangers of lead paint and given a copy of the EPA pamphlet, “Renovate Right.”
- The names of the firm’s CR and all contractors working on the project.
- A checklist indicating all the lead-safe work procedures practiced on the site, such as sign posting, dust containment, mopping, and disposal.
- The results of any clearance testing at the end of the project indicating that no lead dust was left on the premises.
- Consider purchasing additional insurance coverage. There is already a history of homeowners filing civil suits against material manufacturers, landlords, and housing groups for exposure to lead-based paint. The arrival of the RRP increases the likelihood that similar suits will be brought against remodelers for unsafe work practices. Extending a firm’s coverage to include “pollution insurance” may be a worthwhile purchase. Currently, insurers are quoting premiums of $1,500 to $3,000 for a $1 million policy, depending on the local insurance market, the size of the remodeling firm, and the amount of work it plans to perform in older homes.
The EPA recommends that firms keep such records for at least three years.
- Jayme Mattson
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