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#193789 04/19/10 11:47 PM
Joined: Apr 2003
Posts: 362
Member
Hi All,

Anyone know anything about having to be certified for lead paint abatement. There is supposedly a new law requiring all contractors to be certified. Fed law, policed by the EPA.?


Choose your customers, don't let them choose you.
Joined: Jul 2004
Posts: 9,923
Likes: 32
G
Member
I did just hear one interesting thing. There are only 4 states where the EPA has authorized AHJs to enforce this law.
From Bryan Holland (City of Northport Fl) in response to an inquiry

Quote
Thank you for contacting the Toxic Substances Control Act (TSCA) Assistance Information Service Hotline.

Local building Departments could enforce the EPA RRP (Renovation, Repair, and Painting) Rule in States authorized by EPA to administer their own RRP programs. As of 4/17/10, these States include Wisconsin, Iowa, North Carolina, and Mississippi.





Greg Fretwell
Joined: Apr 2002
Posts: 7,381
Likes: 7
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All info about this subject has been "talk" at various gatherings, but....nothing has been set in stone to my knowledge.




John
Joined: Aug 2002
Posts: 402
J
Member
Some info here. As I understand if you work on anything older than 1978 you need to have the certification.

http://www.centerforhealthyhousing.org/html/eparule.htm

Joined: Apr 2002
Posts: 7,381
Likes: 7
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Jdevlin:
Thanks for the link!!!

My comments above relate to 'local' action or inaction on this.

Hopefully OB can read, and contact the Commonwealth of PA, to stay out of trouble.



John
Joined: Jul 2004
Posts: 9,923
Likes: 32
G
Member
I suppose, everyone who may need it, should pay the money and take the one day course but it is really still unclear who will be enforcing this. It sounds like if your state has not taken the effort to get their program EPA certified, they are not allowed to enforce this law. You might not to be the first one in your state to find this out in court.
I honestly do not know what to take away from the response Bryan got from EPA.


Greg Fretwell
Joined: Oct 2006
Posts: 745
E
Member
I first heard about this on a plumbing forum a few months ago. If I recall correctly, the fines for violations were insane (something well into the tens of thousands of dollars) for "causing/creating and opening greater than four square feet without proper certification and abatement procedures". I'm pretty sure this was something posted by a contractor in MA, second only to CA for absolutely crazy regulations.

Did you know that it is illegal for anyone other than a licensed plumber to perform ANY plumbing work (including repairs) in MA? Yep, a homeowner cannot so much as replace a sink faucet. In many towns there, the inspectors actually patrol for water heaters, etc. left at the curb for trash pickup and check for permits.

More big government "NOT" increasing taxes. Aren't inordinate fines and programs just another name for additional taxes?


---Ed---

"But the guy at Home Depot said it would work."
Joined: Apr 2002
Posts: 7,381
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Ed:
Time permitting I have to bring this subject up with the CO (Construction Official) & the Building guys to see who/if any local enforcement has to be done in my Twp.

As the Electrical Subcode (AHJ) I want to be able to give a heads up to the EC's both in that Twp and the guys that I do CEU's for, and share with other AHJs.



John
Joined: Jul 2004
Posts: 9,923
Likes: 32
G
Member
If what I am reading is true your CO do not have jurisdiction to enforce this. It has to be an EPA official


Greg Fretwell
Joined: Feb 2008
Posts: 193
S
Member
Just to let you know.

NC is beginning to enforce this. I have 2 GCs that have taken the certification. This is a federal cert. It is required if you disturb any area larger than, I think, 6 square ft inside, or a little larger outside. I am not an expert on it. Only going on what they said.

This could certaintly affect a panel change or running wire in an older house. I will probably have to get mine just to be safe. There are no permits required(yet), only that you have to have the proper certification in order to do the work. Yee haw.

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