Festool vacs and the EPA RRP (Lead safe work practice)

[harry_]

The really insidious thing about RRP is to the minor landlord, such as myself.  I have one residential rental, a pre-1978 house that I collect $250/month on.  I have to take a $300 course 250 miles away, so that means a day and night on the road, + about $200.  If I provide the paint or let the tenant paint and deduct the cost of the paint from the rent, I still have to be certified, get a receipt for the pamplet, swab, keep records for 3 years (for now) and supervise the work.  The alternative is to let the property deteriorate, eventually demolishing it and taking it off the tax roles. 

If the EPA starts a big publicity campaign and tenants pay attention, they could turn in non-compliant landlords, perhaps getting a "commission" on the $32,500/day fine for non-compliance.

Or you could just gut the place once and for all, (which is what they really want,) and be done with it. This is what has been going on in MA for 25-30 years, and still going on today. I realize that this new law ratchets up the standard, but it was my understanding that MA was very high to begin with.

It seems that most people and contractors do it in a manner contrary to the law. But in all honesty, I don't think `enforcement` cares. An `end justifies the means` sort of thing. I have never heard of a contractor getting nailed on lead issues unless there were in fact a licensed lead abatement contractor doing a restoration when the stuff is being sanded/scraped off. Then they are on them like white on rice.

 

[Jim Metzger]

There is an opt out for owners that satisfy the following conditions from the electronic Code of Federal Regulations: section 745.82

"(c) The training requirements in ?745.90 and the work practice standards for renovation activities in ?745.85 apply to all renovations covered by this subpart, except for renovations in target housing for which the firm performing the renovation has obtained a statement signed by the owner that the renovation will occur in the owner's residence, no child under age 6 resides there, no pregnant woman resides there, the housing is not a child-occupied facility, and the owner acknowledges that the renovation firm will not be required to use the work practices contained in EPA's renovation, repair, and painting rule. For the purposes of this section, a child resides in the primary residence of his or her custodial parents, legal guardians, and foster parents. A child also resides in the primary residence of an informal caretaker if the child lives and sleeps most of the time at the caretaker's residence."

This is current as of March 29, 2010.

Jim

 

[Chuck Kiser]

There is an opt out for owners that satisfy the following conditions from the electronic Code of Federal Regulations: section 745.82

"(c) The training requirements in ?745.90 and the work practice standards for renovation activities in ?745.85 apply to all renovations covered by this subpart, except for renovations in target housing for which the firm performing the renovation has obtained a statement signed by the owner that the renovation will occur in the owner's residence, no child under age 6 resides there, no pregnant woman resides there, the housing is not a child-occupied facility, and the owner acknowledges that the renovation firm will not be required to use the work practices contained in EPA's renovation, repair, and painting rule. For the purposes of this section, a child resides in the primary residence of his or her custodial parents, legal guardians, and foster parents. A child also resides in the primary residence of an informal caretaker if the child lives and sleeps most of the time at the caretaker's residence."

This is current as of March 29, 2010.
Jim

This opt out clause will most likely will be eliminated by the time the law takes effect next month. This is the current thinking by those close to the issue in Washington.

 

[Wonderwino]

That is true; the opt out clause will be eliminated.  If I advertise the house as available only to "elderly or disabled persons," then I am in violation of the Fair Housing Act.  Believe me, I asked:

Good afternoon

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

'Target Housing' can include housing Tracts or buildings specifically built for the elderly, typically 55+ age group. The tenant doing painting in lieu of rent payments would be considered 'compensation' , which would require RRP certification. Advertising as renting to 'elderly only' would be illegal.

For further information, please go to www.epa/gov/oppt. If you have further questions
feel free to contact us at 202-554-1404.

Sincerely,

Dan Sudillo
EPA Shift Manager
TSCA Assistance Information Service (T.A.I.S) Hotline
Operated under contract with ABVI-Goodwill

 

[Tim Morris]

Alex,
I recieved this information today for Iowa you may check it out to help ease the pain. Iowa has a federally funded "account" that is to be administered by the dept. of economic develpoment. The account is set up on a first come first serve basis. You are allowed to apply for the price of the class and your license. The only requirement is passing the class. I haven't been alble to find out if they will "refinance" the account once it is exhausted. You might check with Kansas and see if they have a similar set up.

 

[score0matic]

IOWA
Is a unique State.  LEAD wise
It has the highest % of lead tainted occupied dewllings in the US.
Craig

 

[Tim Morris]

Curious where did you arrived at that conclusion Craig.

 

[score0matic]

The Guys at MTI (Midwest Training Institute) one of the Few Iowa Certified training providers had mentioned it in a Refresher course I was taking
I live and work as a lead abatement supervisor in Omaha so pay some attention to what goes on accross the river.

It is one of the reasons IA is so strict about lead.  and if you think about the # of old homes that are still habitable accross the state It Starts to make sense.
Craig

 

[Tim Morris]

I was just curious but that does make a lot of sense. Not only are there alot of really well kept old farm houses, but alot af urban areas both run down and being renovated. There are several old areas in Des Moines that the neigbors have started pumping life back into the old places, setting up associations, review boards, etc. I know of a couple similar situations going on in other cities as well.

 

[Wonderwino]

Apparently Kansas will enforce the law with warnings for first-time offenders for the next year.  The requiremnet for certification starts on April 9, 2010.  The only nearby course will be on the same day the Advanced Router Class starts, so I will have to attend later.  The courses run between $100 and $170, depending on certain association memberships.  Kansas aslo "only" fines up to $1,000 unless you are a repeat offender, then it can be as high as $5,000.