Wednesday, June 02, 2010

home owners, contractors and realtors - careys research on the EPA lead law

Friends, my email titled I can't believe this..... really hit home. I received lots of feedback and links to this new EPA law. You need to read this carefully if you are a home owner, prospective home buyer, contractor or into real estate, I guess that would include just about everyone.
My comments are in red. I will be sending another email soon from someone in the EPA.

A huge problem with this country is it’s need to certify and permit everything under the sun. Someone may point to the old snake oil salesmen etc and protection from scams but it is a huge problem that an agency that is not elected can actually have the force of law.
At the EPA site, they also have an official “rat someone out” hotline. Now tell me that doesn’t sound like Nazi Germany.

Think about this.... 1978 is 32 years ago.... Do you know how much time that is? They are chasing a dinosaur! I am sure a lot of these houses don't even have the original paint or windows but if they do they probably have been altered and/or modified over the years. If it was so dangerous get everyone out of their houses - NOW.

Q. What is the new EPA Law? A. In summary, the law states that all renovators and maintenance professionals that work in housing, childcare facilities and schools built prior to 1978 that are removing or disturbing more than six square feet of lead-based paint in a room or twenty square feet on the exterior must be trained and certified in the handling, clean up and disposal of these materials.

Seems like this is a rule by the EPA. The bigger question may be: how is an unelected body able to force contractors to comply? UNELECTED WOULD BE THE OPERATIVE WORD HERE. Read the final line at the EPA site
It passed in 2008, went into effect 2010, basically so you don't disturb lead-based paint. There might be a loophole if there is no one under 6 yrs of age living in the home, Im not sure. You can be certified after a 8 hr course.

EPA Requirements
Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children.
To protect against this risk, on April 22, 2008, EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning. Under the rule, beginning April 22, 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.
EPA requires that firms performing renovation, repair, and painting projects that disturb lead-based paint in pre-1978 homes, child care facilities and schools be certified by EPA and that they use certified renovators who are trained by EPA-approved training providers to follow lead-safe work practices. Individuals can become certified renovators by taking an eight-hour training course from an EPA-approved training provider. Learn how to become an EPA certified firm and where to take a training course near you.

OK think about this.... April 2008 was when this law was made and now it is being enforced. IF it was so crucial and dangerous why did they wait the 2 years? C'mon people wake up.
i dont read it that way. it says "CONTRACTORS" have to be certified. YOU aren't a contracter. you are a private individual.
if you still read it your way, that would mean everyone would have to hire a contracter to put a window in their own home. i've gone to lowes and 84 lumber,etc. here and bought windows without question. my electrician installed them. he is skilled at everything, but not certified.KRISTINE

The place I called here in Cleveland will not sell windows, I have to have them install the windows. YES as I said a place like Lowes and Home Depot you may be able to get away with it.
Your electrician can get away with it, read - get away with it also BUT IF the government finds out and wants to, he can be severly fined because he is a contractor that did not get the new certification.
Also the wording is tricky, if you live in your home you can still install them. Does this nonsense make sense? I live in my house so its less dangerous? THIS IS NOTHING BUT GOVERNMENT CONTROL OF THE HOUSING MARKET.
Furthermore, what about someone as myself, who has rental property. Am I in violation? I don't live there so does that mean I can't instal windows? Or paint?
Laws this broad, vague and intrusive is scary.
Another thing is cost. Windows will cost more to install because contractors need to be certified and that costs money for training AND if there is lead in the windows or frames will they be deemed hazardous? Will you need Hazmat to haul away your debris? Where will this end? Bad bill!

I would just install them anyway. No one has to know.
And what happens if the Feds want to inspect? Will I be fined and or jailed?

I haven't heard anything about it here. Not good for you, but hope it's only Ohio. ;-( John in Maine

Unfortunately no John. No one that I spoke with was aware of this bill either. Why weren't we informed of this legislation? How does something THAT CONTROLS your house or property get put into law without our knowledge? It should be buyer beware. If a person is so fearful of lead let them buy elsewhere or have it inspected at their expense. I myself could care less.

Wait till Euclid gets their hands on this.
Just remember my plight with Euclid, it looks like the Feds will be doing the same but worse.

Be afraid very afraid of a bill like this! Home owner rights are going to be a thing of the past.

Carey Masci

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