Massachusetts Builders Blog

The testimony at the hearing conducted by the Division of Occupational Safety raised a lot of important issues and suggestions for the Massachusetts Lead Law.  Commentary included the following: 1.  Create a forum for dialogue where contractors can ask questions without fear of reprisal. 2.  How does a contractor handle a conflict between OSHA and the RRP Rule? 3.  Provide a means for looking up lead-paint certification online. 4. How will liability be allocated between subcontractors and contractors? 5. Why hasn't the huge rental-housing community been targeted? 6.  Is power-washing allowed under the MA law? 7.  It is important to allow access and training for apprentices and students under the age of 18. 8.  MA should lobby with insurance companies to include lead coverage in their policies. 9.  A task force of trade professionals should be created to address lead and other issues. 10.  This law is overly onerous for the small co...

Homeowners who are considering doing a renovation must know that if their homes were built prior to 1978, their contractors are required to follow certain procedures if they are going to disturb more than 6 interior square feet of paint or 20 exterior square feet of paint.  This law requires that the general contractor must become certified with the Environmental Protection Agency (EPA), and that the contractor himself take an eight-hour class in order to become a certified renovator and learn lead-safe practices that contain lead dust. Although the EPA claims that it will be doing a publicity campaign to inform homeowners about the Renovation, Repair and Painting Rule (RRP Rule), I have heard very little about it outside of construction circles.  So, I feel that it is important for me as a construction lawyer to educate the public about this rule. First of all, the preparation and education needed to comply with the law are going to cost the contractors more money.  Th...

The Massachusetts Division of Occupational Safety held a Public Hearing today to take comments on new regulations related to their intent to seek authority in administering and enforcement of the EPA RRP program from the EPA here in Massachusetts.  I was there, along with the Presidents of NARI and the Homebuilders Association of (Western) Massachusetts, Sean McCadden (whose blog I mention frequently), contractors, lead testers and others. The conversation was thoughtful and informative.  I will report about it over a couple of posts.  First of all, Massachusetts has published emergency regulations to the Central Register that will hopefully become a permanent law within the next few months.  The public was invited to make comments and suggestions regarding changes to the law. The state is also evaluating whether it will self-certify with the EPA and take over administering the law.  There were about twenty-five people present, and most...

The Lead-based Paint, Renovation, Repair and Painting Rule is causing contractors to panic. It seems as though every time we get a handle on what is required, there is a new or proposed change in the law. In Massachusetts it is particularly confusing because the state has published its own emergency regulations to the Central Register which could become law ninety days from April 16th. If the state law is approved by the Environmental Protection Agency, then the Division of Occupational Safety will take over administering the State law, and contractors will have to learn a new set of rules that will be as strict or stricter than the current rule. In addition, the Opt-Out is now expiring as of July 6, 2010, and there is a new notification requirement that goes into effect on that day as well.  Contractors will now be required to submit their lead documentation to the homeowner within thirty (30) days of completing the renovation, or upon final invoice.  The EPA's Sample Re...

When the final invoice for the renovation is delivered or  within 30 days of the completion of the renovation, whichever is  earlier, the renovation firm must provide information pertaining to  compliance with this subpart to the following persons:     (i) The owner of the building; and, if different,     (ii) An adult occupant of the residential dwelling, if the  renovation took place within a residential dwelling, or an adult  representative of the child-occupied facility, if the renovation took  place within a child-occupied facility.     (2) When performing renovations in common areas of multi-unit target housing, renovation firms must post the information required by this subpart or instructions on how interested occupants can obtain a copy of this information. This information must be posted in areas where it is likely to be seen by the occupants of all of the affected units.  ...

As of July 6, 2010, final rule requires that, if dust clearance is  performed in lieu of cleaning verification, the renovation firm provide  a copy of the dust wipe sampling report(s) to the owner of the building  that was renovated as well as to the occupants, if different. With  respect to renovations in common areas of target housing or in child- occupied facilities, EPA is also requiring that these records be made  available to the tenants of the affected housing units or the parents  and guardians of children under age 6 using the child-occupied  facilities. Dust sampling reports may be made available to these groups  in the same way as training and work practice records, by providing  information on how to review or obtain copies in individual  notifications or on posted signs .

This final rule requires that, when the final invoice for the renovation is delivered, or within 30 days of the completion of the renovation, whichever is earlier, the renovation firm must provide information demonstrating compliance with the training and work practice requirements of the RRP rule to the owner of the building being renovated and, if different, to the occupants of the renovated housing or the operator of the child-occupied facility. The Sample Renovation Checklist, http://www.epa.gov/lead/pubs/samplechecklist.pdf can be used for this purpose. For renovations in common areas of target housing, the renovation firm must provide the occupants of the affected housing units instructions on how to review or obtain this information from the renovation firm at no charge to the occupant. These instructions must be included in the notice provided to each affected unit under 40 CFR 745.84((2(i) or on the signs posted in the common areas under 40 CFR 745.84(b)(2)(ii). Under t...