Thursday, August 26, 2010

Comparison of the EPA RRP Rule and the Massachusetts Lead-Safe Renovation Law

The DOS has provided us with an excellent comparison of the EPA rule and the Massachusetts law.  Here is the link:http://www.mass.gov/?pageID=elwdterminal&L=5&L0=Home&L1=Workers+and+Unions&L2=Licensing+and+Certification&L3=Lead+Program&L4=Lead+Documents&sid=Elwd&b=terminalcontent&f=dos_lead_RRP_comparison_epa_dos_rrp&csid=Elwd


I would add an item.   The EPA rule requires that contractors provide the homeowner with documentation of the lead-safe practices upon final invoice or within 30 days of the completion of the renovation. I have been unable to find such a requirement in the MA Lead-Safe Renovation Rule.  I spoke with someone at DOS, and he could not find anything in the MA law either. I

Friday, August 06, 2010

Understanding the MA Lead Law-The Fine is No More Than $5000.00!

A source of huge relief to contractors will be that the fine for noncompliance with the law has been dramatically reduced to no more than $5000.00 for an infraction.  The law states as follows:

Penalties. Any entity or person who violates the provisions of 454 CMR 22.00 shall be subject to the administrative sanctions specified herein and any fines or penalties allowed pursuant to M.G.L. c. 111, § 197B(f) and M.G.L. c. 149, § 6.

After reading through the various laws, the penalty structure is as follows:


(2) Maximum Amounts of Civil Penalties. The maximum amounts of Civil Penalties that may be assessed under 453 CMR 9.00 are as follows:
(a) A monetary penalty of not more than $1,000 may be issued for each Violation if:
1. the person, firm, corporation or other entity has not previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or been issued a Civil Citation pursuant to 453 CMR 9.00; and
2. the Commissioner has determined that the person, firm, corporation or other entity lacked Specific Intent to violate M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or 453 CMR 9.00.

(b) A monetary penalty of not more than $2,500 may be issued for each Violation if:
1. the person, firm, corporation or other entity has not previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or been issued a Civil Citation pursuant to 453 CMR 9.00; and
2. the Commissioner has determined that the person, firm, corporation, or other entity possessed a Specific Intent.

(c) A monetary penalty of not more than $5,000 may be issued for each Violation if the person, firm, corporation or other entity has previously been criminally convicted of a Violation of M.G.L. c. 111, § 197B; M.G.L. c. 140, §§ 46A through 46R; or M.G.L. c. 149, §§ 6A through 6F½; or been issued a Civil Citation pursuant to 453 CMR 9.00.

So, at the end of the day, this translates to a penalty of no more than $5000.00, and that's only if the person, firm or corporation as been previously criminally convicted or issued a Civil Citation.

As I have been told, the Division of Occupational Safety does not have the goal of issuing fines; the goal is to have renovators comply with the law.