Update June 21, 2010

NAHB was victorious in pushing the EPA to delay enforcement of the worker training and firm certification requirements for the Lead-Based Paint rule. Since the rule came into effect on April 22, 2010, many companies have voiced their difficulties in obtaining the certification, for many reasons, especially due to the lack of training providers and training opportunities. The new directive gives remodelers until Oct. 1, 2010, to file for firm certification, until Sept. 30 for workers to register and Dec. 31 for workers to take the required training course. However, workers will still be required to use lead-safe work practices during this time.

BIAW has received word from the Department of Commerce today, the state agency to soon take over from the EPA in Washington state , stating they will also follow the same enforcement hold deadline. In addition, the Washington department of Commerce mentioned the take over from the EPA may not take place until late Fall or early next year, 2011. This new information pushes the takeover date somewhat further back than the April 2010 update previously received from the department.

Update April 22, 2010

The Washington Dept of Commerce has stated that the takeover from the EPA may not occur until this Fall. Therefore to avoid any confusion, companies should submit their applications with the EPA and not wait for Washington’s takeover. In regards to enforcement activity by the EPA until the takeover, the Washington Dept of Commerce has stated “they(EPA) will respond to tips and complaints and the fines issued will be based on the degree of hazard created. So, no they are not going to hold off enforcement but they will not go looking either”. For companies that have taken the training, but not received the EPA certificate, may continue their activities provided they can show proof that the required training has been completed.

Update April 2010

The governor has signed the bill authorizing the Washington's Department of Commerce(DOC) to administer the EPA Renovation , Repair and Painting rule. Enforcement by DOC will begin on July 1, 2010. Barely 2 months after the EPA enforcement day of April 22nd. With such a short time period between the two different enforcement dates, we may not see any enforcement until July 1. DOC is still standing on a first offense violation of $500 as opposed to the EPA penalty of $37,500. DOC has also said the $500 penalty will be waved if the contractor becomes certified within six months. Lastly, anyone holding an “EPA” certification will be grandfathered in after July 1, 2010.

We will update as more information is known.

EPA/Commerce Lead-Based Paint

In 2003 the Washington state Legislature authorized the Department of Commerce (DOC), to administer EPA’s lead-based paint program.

Language from the scope of the initial EPA rule, “The rule is intended to ensure that individuals conducting lead-based paint inspections, risk assessments and abatements in target housing and child-occupied facilities are properly trained and certified, and that training programs providing instruction in such activities are accredited. Target housing is defined as any housing constructed prior to 1978, except housing for the elderly or persons with disabilities, or any 0- bedroom dwelling. A child-occupied facility is defined as a building, or portion of a building, constructed prior to 1978, visited by the same child, 6 years of age or under, on at least 2 different days within any week, provided that each days visit lasts at least 3 hours, the combined weekly visit lasts at least 6 hours, and the combined annual visits last at least 60 hours. Child-occupied facilities may include, but are not limited to, day-care centers, preschools and kindergarten classrooms.”

Recently, the EPA issued a new rule to protect children during renovation, repair and painting activities that disturb lead-based paint. The new rule was signed into law on March 31, 2008.

This rule is scheduled to be enforced after April 22, 2010. It applies to housing and child occupied facilities (daycares and schools) built before 1978. The standards apply to those who conduct renovation for money, including contractors, maintenance workers in large apartment complexes, and specialty trades.

The new rule, requires all renovation projects subject to this rule, be done by a firm certified to perform renovations. That firm must employ a certified renovator. Both the firm and the individuals doing the renovation work must apply for certification and re-apply every five years. Certification courses require 8 hours of classroom time, and cost approximately $250 per person. The refresher course is 4 hours and is available to anyone who has had Lead Safe work practices training or any abatement training such as supervisor, worker, risk assessor, inspector, instead of the initial training.

NAHB Update

Remodelers and other home contractors have only a few weeks to prepare before the U.S. Environmental Protection Agency’s new regulation, Lead: Renovation, Repair and Painting, goes into effect on April 22.

The lead paint rule requires that remodelers and contractors complete eight hours of training and become certified, and that they follow specific work and cleaning practices as well as provide consumer education and complete detailed records when working on homes, day care facilities or schools built before 1978 where young children or pregnant women are present.

Under the new rule, renovations that disturb painted surfaces in these buildings must be performed by a firm certified to work with lead-based paint. The firm also must have a certified renovator on staff. Such renovation work may include modification, repair, sanding and scraping and removing or replacing windows, doors and similar components.

While the lead paint rule currently applies to work in older homes inhabited by small children or pregnant women , the EPA is seeking to amend the regulation so that it would apply to all homes built before 1978.

NAHB has repeatedly asked the EPA to delay enacting the rule on April 22 because of a shortage of training programs available in many parts of the country that would preclude many remodelers and contractors from meet the training requirements and obtaining certification.

The EPA continues to assert that enough remodelers will be able to achieve certification by the deadline.

NAHB also has expressed concern with the EPA that expanding the rule to include all homes built before 1978 — not just those inhabited by small children and pregnant women — would greatly increase costs to home owners without providing significant health benefits.

The EPA has a search tool for finding approved trainers as well as an online calendar from the National Center for Healthy Housing. NAHB also suggests that remodelers contact their local home builders’ association about training opportunities.

NAHB has online information about the rule, links for finding training, sample language to use in remodeling contracts and more at www.nahb.org/leadpaint. The information is available for members only.

If you have any questions regarding the BIAW Safety Assistance Program, please e-mail or call BIAW Field Representative Donovan Quebedeaux at 1-800-228-4229.

Donovan Quebedeaux Field Representative donovanq@biaw.com