Massachusetts Contractors Required to Maintain Lead Paint Certification

4/22/2010 10:49:37 AM

A new Federal Law set forth by the EPA requires training certification for any contractor involved in any construction activity that will or has the potential to disturb lead based paint. The new EPA rule will directly affect ALL paid renovators who work in pre-1978 housing and child-occupied facilities, including: renovation contractors, maintenance workers in multi-family housing, painters and other specialty trades. Under the rule, child-occupied facilities are defined as residential, public or commercial buildings where children under age six are present on a regular basis. The requirements apply to renovation, repair or painting activities. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in a room or where less then 20 square feet of lead-based paint is disturbed on the exterior. Window replacement is not minor maintenance or repair.

Who is affected?
Residential rental property owners / managers, general contractors, remodelers, window installers, door installers, painters, insulation contractors, electricians, plumbers, siding contractors and any other contractor working in pre-1978 housing where there is a risk that lead paint or dust will be disturbed.  The EPA has said it’s better to be safe and just get the certification than be sorry.

About the Training Certification Course
The 8-hour certification course was developed by the U.S. Environmental Protection Agency (EPA), in collaboration with the U.S. Department of Housing and Urban Development (HUD) to train renovation, repair and painting contractors how to work safely in housing with lead-based paint.  This falls under the Renovation, Repair and Painting (RRP) Rule, and HUD's Lead Safe Housing Rule. 

Who from a construction company needs the training certification?
It could be your project manager, superintendent, crew leader – whoever is working onsite at your pre-1978 housing project. To be in compliance with the law, the certified individual must remain onsite at all times during the construction phase. For example, if you work on 10 separate homes at once (all pre-1978 housing) then you need to get 10 people certified so that you have one certified individual at each jobsite at all times.

How long is the training certification good for?
The training certification is good for five years.

What if the certified individual leaves my company?
The certification stays with the individual so if he/she leaves your company and they are the only one from your company that is certified, then you are non-compliant.  They must have the certificate on them at the jobsite at all times.

What if a contractor is caught non-compliant?
The EPA states on their website that those found in non-compliance could face hefty daily fines of up to $32,500 per violation / per day until both the individual and firm are compliant.

Are you a Homeowner hiring a contractor?

if you own or operate any of the above types of structures and are hiring a contractor, make sure they have the required EPA training!

For more information about this topic, or to get some answers about your current insurance situation, please visit our virtual insurance agency at www.berryinsurance.com, stop by one of our three locations, or give us a call at (800) 941-3317.

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