Author Topic: NOTICE New EPA Rules April 22, 2010  (Read 38008 times)

Offline Lynjowoman

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #30 on: February 27, 2010, 04:49:13 PM »
I think anywhere children are present for more than 6hrs/ month or something like that.

Those exceptions are so vague they are pointless. How would you prove children weren't there more than 6hrs.

Lynjo
"Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult."
Charlotte Whitton

Offline Roadog

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #31 on: February 27, 2010, 05:21:58 PM »
Is a church considered commercial? I didnt think they fell under commercial building. I know some churches ARE in commercial, but your standard church structure I dont believe is listed as commercial? Just wondering.

Offline Lynjowoman

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #32 on: February 27, 2010, 07:00:16 PM »
Roadog
It is my understanding that any building built before 1978 will be under the law. No exclusion for church buildings that I know of. JMHO, they would fall in the same category as a child care facility. I know it is driving us all crazy. Around here there are no class open until after June. Go figure.

Lynjo
"Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult."
Charlotte Whitton

Offline Roadog

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #33 on: February 27, 2010, 08:42:33 PM »
After reading it, this is about all that really is said...over and over and...

Finally, this regulation contains an exception for renovations in
owner-occupied target housing where no child under age 6 or pregnant
woman resides, so long as the housing does not meet the definition of
``child-occupied facility.'' To claim this exception, the renovation
firm must obtain, before beginning the renovation, a signed statement
from the owner of the housing that states that the person signing is
the owner of the housing to be renovated, that he or she resides there,
that no child under age 6 or pregnant woman resides there, that the
housing is not a child-occupied facility, and that the owner
understands that the renovation firm will not be required to use the
work practices contained in this rule.

``Target housing'' is defined in TSCA section 401
as any housing constructed before 1978, except housing for the elderly
or persons with disabilities (unless any child under age 6 resides or
is expected to reside in such housing) or any 0-bedroom dwelling. Under
this rule, a child-occupied facility is a building, or a portion of a
building, constructed prior to 1978, visited regularly by the same
child, under 6 years of age, on at least two different days within any
week (Sunday through Saturday period), provided that each day's visit
lasts at least 3 hours and the combined weekly visits last at least 6
hours, and the combined annual visits last at least 60 hours. Child-
occupied facilities may be located in public or commercial buildings or
in target housing.



Offline rmichael

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #34 on: February 27, 2010, 09:17:53 PM »
Dunno Roadog, seems pretty straight forward to me.

"Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination."

Contractors who perform renovation, repairs, and painting jobs in pre-1978 housing and child-occupied facilities must, before beginning work, provide owners, tenants, and child-care facilities with a copy of EPA's lead hazard information pamphlet

Understand that after April 22, 2010, federal law will require you to be certified and to use lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA.

The Rule was expanded in 2009 and eliminated the waiver exemption you quoted

October 21, 2009 - EPA is proposing to expand coverage of its 2008 Renovation, Repair and Painting Rule as part of its ongoing commitment to eliminate lead poisoning. The proposed rule would eliminate an exemption from the RRP rule.
The federal government banned lead-based paint from housing in 1978. However, if a home was built before 1978, it has a higher likelihood of containing lead-based paint. The 2008 rule requires contractors working in pre-1978 housing where children under six or pregnant women reside to take the proper precautions to work lead-safe, including minimizing the dust, containing the work area, and conducting a thorough cleanup to reduce the potential exposure associated with disturbing lead-based paint. This rule would expand such requirements to cover most pre-1978 homes.
« Last Edit: February 27, 2010, 09:48:51 PM by rmichael »
Pro Painter 30 years ~ Down East Coastal NC

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Offline Suz

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #35 on: February 27, 2010, 10:02:27 PM »
I understand the need for safe work practices when you're dealing with lead-but this rule just chaps my @$$.

  You know it's a wonder any of us turned out alright. I mean, I don't remember wearing a seatbelt when I was a kid, never had a bike helmet, I ate peanut butter when I was a toddler, I drank unfiltered well water (none of that bottled stuff!) I got my hiney whooped more times than I could count, and I grew up in an old farmhouse w/ peeling paint~ I turned out just fine (trust me! haha)  


The EPA has had years to make this training course available online but the route they took is typical wasteful government fare. The EPA developed the basic course (with taxpayer money) then turned it over to middlemen who dispense it and charge $200 - $500 a pop for the course plus a $300 tip to the EPA just for doing their job...  Hmmmm...
 
Yeah, it's irritating to pay them for doing thier job that we're already paying them to do when we pay our taxes.  Sheesh- maybe I should've got a gov't job instead of busting my butt painting, and I bet they get awesome benefits!  :P
« Last Edit: February 27, 2010, 10:09:19 PM by Suz »

Offline Roadog

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #36 on: February 27, 2010, 10:17:45 PM »
Yep, child dosnt live in a church and most dont go twice a week for 3 hours a day. And from what it says, if theres no child in the residence and the home owner lives in it, they can sign a waiver and the rule is not required except for proper disposal. No certificate needed.

Offline rmichael

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #37 on: February 27, 2010, 10:20:21 PM »
The waiver exemption was eliminated when the EPA expanded the rule in OCT 2009... No more waivers, the only exemption is to have the home lead tested by an EPA approved outfit... with a cost of several hundred to thousands...

..and be prepared to prove that no child has been at that church for six hours in a week... ever tried to prove anything to a government agency?  :'(
« Last Edit: February 27, 2010, 10:32:37 PM by rmichael »
Pro Painter 30 years ~ Down East Coastal NC

"Hell Son, It's always been about the work."

Offline Lynjowoman

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #38 on: February 27, 2010, 10:49:26 PM »
Yep, child dosnt live in a church and most dont go twice a week for 3 hours a day. And from what it says, if theres no child in the residence and the home owner lives in it, they can sign a waiver and the rule is not required except for proper disposal. No certificate needed.
Roadog read the fine print anyone even walking past the work area can sue the contractor if they want to. Even a person walking with a child could sue for being exposed or claiming to be exposed to the dust. Investigation would begin & fines will pile up. Rmichael is right there are no waivers anymore. I would rather be safe than sorry. It sucks but it is the law.

Lynjo
"Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult."
Charlotte Whitton

Offline rmichael

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #39 on: February 27, 2010, 10:57:23 PM »
I understand the need for safe work practices when you're dealing with lead-but this rule just chaps my @$$.

  You know it's a wonder any of us turned out alright. I mean, I don't remember wearing a seatbelt when I was a kid, never had a bike helmet, I ate peanut butter when I was a toddler, I drank unfiltered well water (none of that bottled stuff!) I got my hiney whooped more times than I could count, and I grew up in an old farmhouse w/ peeling paint~ I turned out just fine (trust me! haha)  


...and despite my best efforts I never put somebody's eye out...  ;D
Pro Painter 30 years ~ Down East Coastal NC

"Hell Son, It's always been about the work."

Offline chrisn

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #40 on: February 28, 2010, 06:23:01 AM »
I got no notification. If this is "for the children" and it applies to ME, why are they banking on my ignorance?

I'm getting no sympathy from the HVAC guys on other sites, who have been under the government's thumb for years now regarding mold and asbestos. I'm told "It's about time you guys got yours"...Thing is, the asbestos scam created an insanely lucrative industry in itself.

That's just what the government wants; People celebrating ill inflicted on other trades.

There will be black market paint contractors, and a lot of them.

It is going to force me right out of the business. I believe this whole fiasco is just wrong but what can I do? I cannot afford all the costs of this process, not only the approx $800 for initial state up but you need to have a certified hepa vac, all the tools and supplies necessary to cover everything with plastic, etc, all the literature necessary to notify the HO( this YOU must purchase), etc, etc, etc. With all this I would have to also buy a new vehicle to haul it all around.Me, I just cannot afford it and will find a new career at the age of 57, just free king great. I always thought the government was here to help the small business person not put us out of business, screw the whole system.

Offline Roadog

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #41 on: February 28, 2010, 10:26:26 AM »
HHMmmmm. I was just curious. I have already decided not to play. I will give up doing restorations I used to do and will avoid pre 78 unless just painting a decorative finish. I will probably market more of decorative paint and give up the straight paint side of my company. I figure to sit it out for a year or so and see where if any, the lawsuits go. I have also read about painters liability ins. either not covering for any lead work and also double and tripling rates. A lot of my work is subbing for other contractors so I think i'm safe if "they" are certified. I'm not as old as Chrisn (lol..sorry) but at 53 its not a good age to start over.

Offline Lynjowoman

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #42 on: February 28, 2010, 10:47:31 AM »
My question is how the he** are we suppose to know how old a house is? Are we going to have to pull deeds to find out ( which can be costly) or get a permit for everything?

Here in NC the state has their own regulations & completely control it. They are the same as the fed. regs. There are 2 other states which are doing the same, don't remember who they are.
After hrs. of searching we found out our health dept. offers the course, ( at a much lower rate) but getting in the class may be a big problem.

Lynjo
"Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult."
Charlotte Whitton

Offline Lynjowoman

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #43 on: February 28, 2010, 10:51:57 AM »
Sorry Roadog, if it is your job you are still liable unless they are certified. It is a slippery slope any way you look at it.

Lynjo
« Last Edit: February 28, 2010, 10:59:00 AM by Lynjowoman »
"Whatever women do they must do twice as well as men to be thought half as good. Luckily, this is not difficult."
Charlotte Whitton

Offline chrisn

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Re: NOTICE New EPA Rules April 22, 2010
« Reply #44 on: February 28, 2010, 10:56:48 AM »
My question is how the he** are we suppose to know how old a house is? Are we going to have to pull deeds to find out ( which can be costly) or get a permit for everything?

Here in NC the state has their own regulations & completely control it. They are the same as the fed. regs. There are 2 other states which are doing the same, don't remember who they are.
After hrs. of searching we found out our health dept. offers the course, ( at a much lower rate) but getting in the class may be a big problem.

Lynjo


You're responsibility also. :o