Kachina Contractor Solutions

EPA Increases Lead Paint Rule Enforcement

2012-01-04T09:14:00.000-08:00

The Environmental Protection Agency (EPA) has "begun stepping up its inspections and enforcement" of its Renovation, Repair and Painting (RRP) rule for lead paint, according to the National Association of Home Builders (NAHB).

During an NAHB-sponsored webinar for the rule, the Environmental Protection Agency's (EPA) Don Lott said his agency will be taking more enforcement actions in 2012 for the rule than it did in 2011. Last year, the EPA took three enforcement actions in the 38 states where it oversees RRP enforcement; 12 states enforce the rule on their own, including Alabama, Georgia, Iowa, Kansas, Massachusetts, Mississippi, North Carolina, Oregon, Rhode Island, Utah, Washington, and Wisconsin.

The agency's highest priority is ensuring companies are using the proper lead-safe work practices, Lott said, as well as ensuring companies are following proper training and recordkeeping guidelines. Lott, associate director of the EPA’s Waste and Chemical Enforcement Division, noted that his agency is weighting violations more heavily when human health is put directly at risk.

The EPA is employing several enforcement strategies, but it is relying primarily on tips reported via its hotline, (800) 424-5323, and compliance website to seek violators. Lott said that, on average, the EPA receives 400 tips and complaints per month reporting uncertified firms and unsafe lead work practices. Those tips have led to about 1,000 compliance inspections of job sites to date, and, as a result, it was found that 60 percent of contractors on those job sites were uncertified.

To learn more - visit Hardware Floors News.

Anthony Home Improvements Name Remodeler of the Year by Housing Zone

2011-12-01T07:42:00.000-08:00

Remodeler of the Year: Anthony Home Improvements

Adaptability and a willingness to find a market make Anthony Home Improvements Remodeler of the Year

In its half-century in business, Anthony Home Improvements has had many identities from a plumbing business that grew into five states to a long history of working as a partner with major retailers from Sears to Home Depot.

Add in businesses that focus on lead paint training, aging-in-place bath remodels and raising the professionalism of the industry, and it’s clear that second-generation CEO Stephen Klein, CAPS — and his parents before him — isn’t satisfied with running the average remodeling firm.

It’s that ability and willingness to constantly change and recognize an evolving market that makes Anthony Home Improvements stand out as the Professional Remodeler Remodeler of the Year.

Getting the lead out

In the last five years, Anthony Home Improvements has expanded from its core business installing kitchens and bathrooms for Home Depot under the Housecrafters name to add their own bathroom division and provide lead paint training.

The biggest impact has come from Kachina Lead Paint Solutions, a company Klein founded in 2006 to train remodelers to comply with the EPA’s Lead Repair and Renovation Program regulations.

Last year, the company trained more than 40,000 people in almost every state in the country, making Kachina one of the largest lead trainers in the United States. Numbers are down this year, but the company continues to be profitable through selling lead paint pamphlets, equipment and other supplies.

Kachina is just one example of Klein seeing a coming trend and grabbing on to it, says vice president of marketing Paul Toub, who has known him since 1976, working for the company in the 1970s and returning for a second stint in 2001.

“Stephen saw something and he embraced it,” Toub says. “We were trying to spread the word early on and for a couple of years the phones didn’t ring, then last year we had what we still refer to as the ‘lead paint tsunami.’”

The company also recently signed a deal with software company improveit!360 to have Kachina’s intellectual property and forms integrated into their software so contractors will be able to automate their paperwork.

Through Kachina, Klein and the company became involved with LeadSafeAmerica.org, a nonprofit that they’ve helped fund dedicated to assisting parents of children who have been lead poisoned.

“When Stephen believe in something, he’s willing to put money on the table,” Toub says. “It’s certainly profits we’re looking for, but Stephen also wants to give back. He wants to do good.”

Survival through evolution

Stephen Klein has been around the home improvement business since he used to help out his father Irving, a plumber, as a child. He’s seen plenty of ups and downs in that time, but one thing he’s learned during more than 50 years in remodeling is that you can never be satisfied with the status quo.

“Everybody wants to take the safe road,” Klein says. “Especially in today’s world, as dangerous as someone might think it is to expand into areas outside their comfort zone, I think it’s very dangerous to sit still and think everything is going to stay the same.”

Klein says his father, who passed away in 2001, was much more conservative than him. (He still recalls the time his father yelled at him for spending $500 on a website in the mid-1990s. “He said I was just pissing money away. He was right at the time.”)

Still, Irving was never afraid to try branch out the business, either.

“He was always looking for different deals and I think that entrepreneurial bug got to me,” Klein says. “He used to always say we’re businessmen that happen to be in the trade, not tradesmen that happen to be in business.”

From it’s founding in 1954, the company went through several incarnations from plumber to bathroom remodeler to a failed partnership in 1969 that left Irving Klein to essentially start over in 1970. That was when Stephen — then a student at Drexel University — came into the business full-time, along with his brother. Within eight years, the family had built what was then Anthony, The Family Plumber into a company with 130 employees and 77 trucks in five states.

By the early 1980s, Anthony had teamed-up with Sears, delivering plumbing and other home improvement services through the retail giant. The partnership was an immediate success, with Anthony eventually growing to be one of the company’s largest service providers — a development that turned out to be a mixed blessing as the Sears business dominated Anthony Home Improvements’ output.

In November 2001, Anthony Home Improvements received a customer service award from Sears — along with the news that Sears was changing its business model and the work that had been such a big part of the company was going away.

Toub, who had just returned to the company, remembers thinking that his job might not be around much longer. Instead, Klein came to him and said, “Let’s put our heads together and figure out who’s going to replace the Sears business.”

Throughout the transition, Klein’s positive attitude kept the employees’ spirits up, Toub says.
Eventually, after discussions with several other national and regional chains, Anthony signed on with Home Depot. Several former Sears employees had moved over to the home improvement retailer, and their knowledge of the work Anthony had done at Sears helped the company land the contract for three stores in the Philadelphia area.

“We showed them the success of what we could do and it grew,” Klein says. “It went from us begging for more stores to them coming to me asking us to take over more stores.”

Today, Anthony Home Improvements/Housecrafters installs for 59 Home Depot stores in Pennsylvania, New Jersey and Delaware. That relationship has its challenges, but it has also been incredibly beneficial for the company.

“The benefit is they give you volume,” says production manager John Sammartino, who joined the company nine years ago when the Home Depot relationship began. “They keep you steady throughout the years.”

The disadvantage, both Klein and Sammartino say, is that the company (like most retailers) has a lot of turnover, so expectations and relationships are constantly changing.

“Politics is a critical part of managing that relationship,” Klein says. “It’s a luxury we can’t afford to lose our temper.”
Home Depot — once seen by many as the biggest threat to remodelers — has greatly improved how they manage their home improvement projects over the last decade, demanding increased professionalism and quality. That has made Anthony a better company, Klein says.

Anthony Home Improvements is constantly audited for paperwork compliance and for permits. They can be mystery-shopped and Home Depot can listen to their phone calls at any time.

“It’s not easy to be chosen as a service provider for them anymore,” Klein says. “They’re looking for the best.”

Learning the hard lesson

The Home Depot relationship has been very rewarding for Anthony, but the earlier Sears experience also has taught Klein that the company can’t put all its eggs in one basket.

That’s why the company has continued to look for new opportunities, whether it be lead paint training through Kachina or aging in place remodeling through Anthony Home Improvements new DBA, 1 Call Bath Solutions.

That part of the business is an attempt to not only drive business that is separate from Home Depot, but also meet the growing demand for aging-in-place remodeling. Klein has been interested in the specialty since watching the mobility issues his parents had in their final years. He earned his CAPS from NAHB, which only further convinced him of the need.

The aging baby boomer market makes it a natural area for expansion, Toub says.

“We will grow that business because it’s a need and somebody’s got to service it,” he says.

A potential partnership with another organization (“a household name,” Klein says) should also help grow the business quickly.
Most recently, Klein launched the National Association of Professionally Accredited Contractors this year. Contractors who join NAPAC are able to buy legal contracts and other materials to make sure they keep their business operating within the law. The legal services are provided by D.S. Berenson, Klein’s attorney and friend.

“We were looking around and knew their had to be a way to get out to home improvement contractors in America and teach them to be better contractors,” Klein says. “We weren’t satisfied with what was out there.”

The group has an advisory board made up of several well-known remodelers, consultants and service providers in the industry, including Jack Zurlini, the former Washington state assistant attorney general — now in private practice — who filed the legal actions that caused several large window companies to close their doors.

“NAPAC is all about how do we elevate this industry,” Klein says.

A family company

In the end, any company’s success comes down to its employees. Anthony Home Improvements’ employees say the company’s family focus is what makes it such a good company for which to work.

“People say the grass is always greener on the other side,” says controller Colleen O’Hanlon, a 21-year employee. “I feel like I’m on the green grass.”

That attitude starts with Klein, says sales manager Mike Pelone.

“He’s the one everyday who’s really fostering that family attitude,” Pelone says. “I believe that really shows in our work back to the customers.”

Klein is always looking for the next opportunity, O’Hanlon says.

“His brain is constantly working,” she says. “He’s always thinking about new avenues we can go down — what can we do as a company to not just grow financially, but also to help other people.”

Because everyone trusts Klein to make the right decisions for the company and the employees, they haven’t worried when bumps have come along the way over the years.

“We obviously got hit a few years ago with everything that was changing,” O’Hanlon says. “I think it says a lot that nobody jumped ship. Everybody stuck it out.”

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Lead Case Targets Disney Attractions

2011-10-27T12:33:00.000-07:00

M-i-c-k-e-y M-o-u-s-e is getting s-u-e-d over l-e-a-d.

Why? Because he is allegedly contaminating small, unsuspecting visitors to Disneyland, the “Happiest Place on Earth,” with the toxic substance.

‘Excessive Levels of Lead’

That is the allegation by the Mateel Environmental Justice Foundation, which has gone to court seeking to force the Disney company to post warning signs about the lead or to cover lead-laced surfaces throughout the 56-year-old theme park in Anaheim, CA.

The nonprofit filed suit in April against Walt Disney Parks & Resorts U.S. Inc., alleging that attractions and locations throughout the park are riddled with lead.

The suit, filed in California Superior Court - Orange County, alleges "excessive levels of lead in such commonly touched objects as the Sword in the Stone attraction," along with brass door knobs at Minnie’s House, stained-glass windows in a door at the entrance to a beauty salon in Cinderella’s Castle,” and other locations.

Injunction Sought

On Friday (Oct. 21), the group filed for an injunction seeking to compel the company to comply with the state’s toxic-chemical notification law. That motion is scheduled for a hearing Nov. 22.

“We are asking the court to force Disney to take steps that should have been taken when we first told them that children at Disneyland are in danger of illegal lead exposures," Mateel president William Verick said in a statement.

In 2010 and 2011, Mateel and the nonprofit Ecological Rights Foundation had individuals conduct "wipe testing" of various surfaces at Disneyland. An independent lab analyzed the test wipes using a National Institute for Occupational Safety and Health protocol, Mateel said.

‘Dozens’ of Locations

“During several visits to Disneyland beginning in June 2010, we found accessible lead at exposures above California safety standards in dozens of objects throughout the park,” Mateel reported. “Under the law, consumers must be warned of lead exposures of more than 0.5 micrograms per day.”

Tested locations showed up to 1,300 micrograms of lead exposure, the group said.

Mateel says it sent two legal notices to Disney, alerting the company to California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (known as Prop 65), which requires “clear and reasonable” notification of consumers exposed to chemicals, including lead, known to cause cancer or reproductive harm.

It says the company ignored the notices.

Disney: ‘Full Compliance’

Disney says it is not violating the law. “We have not seen the papers that we are told are being filed, so we cannot comment specifically,” a Disney spokeswoman told the Los Angeles Times. “However, we believe that Disneyland Resort is in full compliance with the signage requirements.”

The Center for Environmental Health (CEH) has previously successfully sued Disney over lead in its retail products. Last week, CEH joined Mateel and a third organization at a news briefing about the current suit.

Said CEH Research Director Caroline Cox: “It’s disappointing that a $38 billion company like Disney can’t be bothered to clean up their parks so they’re safe for children.”

Click here to learn more!

National Lead Poisoning Prevention Week

2011-10-24T12:10:00.000-07:00

October 23-29, 2011

Lead-Free Kids for a Healthy Future

Today, childhood lead poisoning is considered the most preventable environmental disease among young children, yet an estimated 250,000 U.S. children have elevated blood-lead levels. A simple blood test can prevent permanent damage that will last a lifetime. The U.S. Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), is committed to eliminating this burden to public health.

National Lead Poisoning Prevention Week (NLPPW)

CDC and HHS share the goal of eliminating childhood lead poisoning in the United States. NLPPW occurs every year during the last full week in October (Senate. Resolution 199). During NLPPW, CDC aims to:

Raise awareness about lead poisoning;
Stress the importance of screening the highest risk children younger than 6 years of age (preferably by ages 1 and 2) if they have not been tested yet;
Highlight partner’s efforts to prevent childhood lead poisoning; and
Urge people to take steps to reduce lead exposure.

During NLPPW, many states and communities offer free blood-lead testing and conduct various education and awareness events. For more information about NLPPW activities in your area, please contact your state or local health department.

Every year, CDC, in partnership with the U.S. Environmental Protection Agency (EPA) and the Department of Housing and Urban Development (HUD), develops posters in observance of National Lead Poisoning Prevention Week (NLPPW). The posters are free for downloading by states and communities. In addition, we have developed a NLPPW Campaign Toolkit to encourage information-sharing, collaboration, and promotion of NLPPW and lead poisoning prevention in general.

improveit! 360 and Kachina Lead Paint Solutions Partnership!

2011-10-03T07:40:00.000-07:00

PRESS RELEASE

improveit! 360 and Kachina Lead Paint Solutions Announce Partnership to Help Remodelers Stay RRP Compliant; Avoid Fines

improveit! 360 integrates Kachina RRP compliance forms in its business management application for easy compliance with RRP federal/state laws and regulations.

Columbus, Ohio – October 3, 2011 – improveit! 360, the nation’s premier web-based business management application for remodelers and contractors, announced its partnership with Kachina Lead Paint Solutions. This alliance was formed to make it easier for home improvement businesses to comply with RRP regulations, receive expert help and maintain the use of the most updated RRP forms.

Kachina Lead Paint Solutions, nationally accredited by the EPA to provide resources and training in lead-safe practices in all 50 states, sought a partner to help home improvement companies gain access to guidance as well as the latest forms needed to be RRP compliant. With extremely busy schedules, it is easy for contractors and remodelers to miss regulations passed that affect the industry, and the steps to take to make sure those laws are followed. “We were looking for an effective way to extend our reach into home improvement companies to assist more remodelers to keep up with regulations, make it easy for them to get the forms they need to be compliant, and maintain these important documents in one place. Our answer was improveit! 360,” said Paul Toub, Vice President of Marketing for Kachina Lead Paint Solutions.

improveit! 360 offers home improvement companies a simple and streamlined approach to tracking and maintaining all mandatory lead paint compliance paperwork. improveit! 360 can easily track important compliance details such as:
-Which staff members are certified renovators;
-When RRP documents are received on a sale;
-When RRP compliance is required based on the age of the structure.

By integrating Kachina’s RRP forms into improveit! 360, remodelers can be confident that all RRP compliance documents and certifications will be organized and easily accessible, leaving them with one less item to worry about so they can focus more on their business. Customers can opt to use the premier support service, which gives them access to Kachina compliance experts to answer their questions, and the opportunity to receive discounts on additional items related to compliance, such as Renovate Right pamphlets.

Kachina’s RRP documents can be easily stored on the customer record within improveit! 360 so compliance information is centrally located and easily available should an audit occur.

“Our Business Management application already lowers the cost and time required to manage RRP compliance. Integrating Kachina’s forms and guidance takes compliance enforcement and tracking to a new level, not to mention helps to prevent costly fines, lawsuits, and headaches. As two companies that started by contractors for contractors, Kachina and improveit! 360 are looking out for the best interest of home remodelers.”

About improveit! 360

Developed by home improvement industry experts for remodelers and contractors, improveit! 360 is a total business management application designed to control chaos, accelerate growth, lower costs and improve operational efficiencies. With improveit! 360, home improvement companies are able to close more leads while reducing their marketing costs, automate communications, track every customer interaction from one centralized location, and get a 360^o view of their operation for better decision-making. Built on the force.com platform, the application is remotely accessible via the web, highly secure, reliable and scalable. For more information and a free trial, visit http://www.improveit360.com or email info (at) improveit360 (dot) com. To see improveit! 360 in action, watch our webinars at http://www.improveit360.com/Webinars.

About Kachina Lead Paint Solutions

Kachina was founded as a one-stop resource for contractors to be in compliance with the lead paint laws from classroom training to real-world implementation. In addition to training over 40,000 contractors since October 2009, Kachina has developed a copyrighted version of the EPA’s Renovate Right Pamphlet. This allows contractors to be in compliance with the law while using the pamphlet as a marketing tool. Kachina also has all of the equipment and supplies contractors need to follow Lead Safe Work Practices. The company’s copyrighted forms ensure Lead Safe Business Practices and are widely used by contractors of all sizes. For more information, visit http://www.kachinaleadpaintsolutions.com or call 1-888-800-5224.

Contact

Traci Snyder

improveit! 360

Phone: 866-421-3360

Email: tsnyder@improveit360.com

Berenson LLP Gives an Understanding the Recent LRRP Changes

2011-09-19T13:05:00.000-07:00

Understanding the Recent LRRP Changes

On October 4, 2011, the latest changes to the EPA’s Lead Renovation, Repair and Painting Rule (LRRP) go effective. Finalized last month, this latest round of changes continues to showcase the inability of the EPA to understand their own law or the industry to which the law applies. That said, here is a brief summary of the changes most relevant to the remodeling and home improvement industry:

Proposed Dust Wipe Sampling. The previously proposed change to LRRP that would have required a new dust wipe clearance test by a new specially licensed worker -- to be performed after the lead-safe work practices were completed -- has been cancelled. Despite claims by certain trade organizations that this was the result of their lobbying efforts, the fact is that this proposal was dead once the Congressional makeup changed last fall. A number of states had warned the EPA against enacting this “super cleaning” requirement as being unnecessary and unduly burdensome, even threatening to support a defunding of the EPA budget in regard to lead paint regulations.

The applicable statement from the EPA was as follows: "After carefully weighing all available science and considering the public comments, EPA has concluded that the current lead-safe work practices and clean up requirements will protect people from lead dust hazards and therefore it is not necessary to impose lead-dust testing or clearance requirements in the Lead Renovation, Repair and Painting rule (LRRP).”

Lead Paint Lab Analysis. Certified Renovators, instead of conducting their own lead paint test, may submit a lead paint chip to an independent laboratory for analysis. The EPA will be providing details on how this may be accomplished, but in the real world this is unlikely to be of much use to the majority of the industry, given the increased cost, complexity, and time that such a procedure will require when compared to the test kits currently available.

What Is a Painted Surface? For a number of years our firm has sought to defend certain clients under EPA audit by asserting that the job(s) in question did not actually involve a “painted surface”. The concept was that the EPA had never defined what a “painted surface” was, and by its plain meaning that term should only apply to a surface that has paint on it (as opposed, for example, to a sink or tub or gutter, which are not generally painted). Apparently in an effort to close down this possible loophole, the new changes to LRRP now state that the term “painted surface” includes any “surface coating”, not just paint.

Unfortunately, the EPA has failed to explain what is meant by a “surface coating” and this is not as simple as it appears. Is an enameled surface on a gutter or downspout a surface coating? What about an enameled tub being pulled on a liner job? Adding further potential confusion into the mix, the EPA’s web page reported some time ago that the EPA would not consider the glaze on ceramic tile to be either a surface coating or a painted surface – and therefore ceramic tile is not subject to LRRP. Yet any tile manufacturer can tell you that glaze is either sprayed or painted on to a ceramic tile, not unlike the manner in which some types of enamel are applied.

Vertical Containment Systems. Vertical containment “or equivalent extra precautions” must be used as part of lead-safe work practices for exterior renovations that affect painted surfaces within 10 feet of the property line. The “or equivalent extra precautions” now means that a contractor is allowed to use almost any type of vertical containment system, from a commercial box structure to scaffolding to a make-shift plastic sheeting lean-to, so long as it contains the dust being created from the renovation. Moreover, as long as the floor containment is tightly sealed to the vertical containment, the floor containment can stop where it meets the vertical containment system, even if that is before the current 6-foot standard for interior floor containment or the 10-foot standard for exterior floor containment.

What to do if conditions are too windy to safely construct or maintain a vertical containment system? EPA helpfully advises the contractor to “reschedule the renovation for a more clement day”.

Of some note for contractors is the fact that the EPA has once again changed the content of the lead paint informational pamphlet, now known as “The Lead Safe Certified Guide to Renovate Right”. Having lost count as to how many times in the past four years the pamphlet has changed, we will simply note that page 10 has been rewritten to better explain what lead-dust testing is to the consumer. There should be no concern, however, about using up your existing stock of pamphlets before going to the newest version.

Finally, as an aside, we are often asked by window clients if second- and third-story window replacements mean that a projecting roof outside the window needs to be covered with plastic sheeting? The answer is no, LRRP does not require that roof surfaces be covered by plastic sheeting. Apparently it is OK for lead dust to sit on a roof, to then be blown around or washed onto a lawn.

Visit www.BerensonLLP.com or www.HomeImprovementLaw.com to learn more!

University to Pay Penalty, Replace Windows in EPA Lead-Paint Case

2011-09-01T07:24:00.000-07:00

Washington University, St. Louis, has agreed to pay a $2,778 civil penalty and spend at least $24,998 to replace old windows in its married-student housing units to settle allegations that it failed to disclose the presence of lead-based paint or lead-based paint hazards to tenants prior to the leasing of some of its other housing units.

Under a civil consent agreement filed by the Environmental Protection Agency’s Region 7 office in Kansas City, Kan., the agency said Washington University leased three apartments near its main campus to student tenants in 2008, 2009 and 2010, without disclosing to the tenants that the City of St. Louis Health Department had previously cited the university for lead-based paint violations at those properties in 2000 and 2006.

The settlement alleges that Washington University indicated, in lead-warning statements attached to those property leases, that it had “no knowledge of the presence of lead-based paint or lead-based paint hazards in the units,” EPA said.

EPA said the university also failed to provide tenants with records and reports of the city’s citations of the units.

Those actions violated of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and the Toxic Substances Control Act, which require landlords and sellers of properties built before 1978 to disclose certain types of information about lead-based paint hazards to tenants and buyers prior to a lease or sale. The federal government banned lead-based paint from housing in 1978.

As part of its settlement with EPA, Washington University has agreed to perform a supplemental environmental project that will involve the replacement of approximately 103 old windows in other married-student housing units.

EPA said lead-based paint on surfaces subjected to regular friction, such as windows and door jams, commonly results in the deterioration of the paint and an increase in the presence of lead-paint dust. The project, which will eliminate that particular source of lead-paint dust in these residences, is expected to cost between $24,998 and $31,000.

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Lead Paint Laws: Protect Your Remodeling Business

2011-09-01T07:07:00.001-07:00

While April 22, 2010 marked the start of the EPA’s law requiring contractors who work in pre-1978 homes that could have lead paint to be certified, many have not. In reality, if you’ve ignored this law, you are at risk. The fines are ruinous – up to $37,500.00 per day, per violation. And in some cases, there can be imprisonment if your actions are proven criminal.

Now, many of you did certify your firms and did take the eight (8) hour course. And, many of you are following “lead safe work practices.” But, believe it or not, you may still be risking these fines and penalties.

Here's why: The registering of your company is relatively simple and only costs $300. The cost of training is also reasonable ($250 as a national average). And, the process of protecting the homeowners and workers with the right equipment and supplies is not necessarily going to break the bank. But, more often than not, we are finding contractors not documenting everything that they’re doing. And without the proper paper trail, all of your good efforts may not help you avoid the penalties.

It is critical that you give every homeowner a copy of the new Renovate Right pamphlet and get a signed acknowledgement form as proof. Keep that on file for six (6) years. And then, there are the forms that you need to complete. The homeowner must receive copies of certain of these forms in a timely manner.

As mentioned above, what is taught in class are “lead safe work practices.” That’s a good 50% of the equation. The other half is “lead safe business practices.”

If you’re not following the law, in whole or in part, don’t risk your business. While the EPA and/or certain states are now beginning to clamp down, you could also be at risk from a civil standpoint – getting sued by a customer or worker.

Author: Paul E. Toub

Paul E. Toub is Vice President of Marketing for KACHINA Lead Paint Solutions and is available to answer any questions about lead paint laws and solutions from Remodeleze members.

Click here to learn more!

Lead Paint Laws: Protect Your Remodeling Business

2011-09-01T07:07:00.000-07:00

Author: Paul E. Toub

Hanson’s and EPA Settle Dispute

2011-08-26T08:42:00.000-07:00

Hanson’s Window and Construction, Inc., and the EPA have agreed to settle a long-running dispute regarding the company’s use in 2005 and 2006 of the EPA’s lead hazard information pamphlet. While the EPA had brought two separate legal actions against Hanson’s seeking almost $1,000,000 in combined fines and penalties, from the very beginning of the legal dispute Hanson’s had defended both its conduct and its use of the lead hazard pamphlets as being in full compliance with federal and state laws.

In reaching a settlement for roughly one-twentieth of the monies the EPA sought in its pleadings, plus an agreement for the company to provide vinyl replacement windows on certain community projects in Michigan, Hanson’s legal counsel, D.S. Berenson, Managing Partner of Berenson LLP in Washington, D.C., stated, “We are gratified that the EPA has finally decided to resolve this for what we essentially consider to be a nuisance amount, and we believe the settlement reflects quite well what Hanson’s has been arguing from day one – that the case was without legal merit.”

Brian Elias, President of Hanson’s, stated, “I would have preferred after all these years of contesting this matter, to have had my day in court and fully vindicate the company’s practices during the 2005-2006 time period, but the cost of continuing to fight the EPA over this simply did not make sense in light of the settlement they agreed to.”

(OPINION NOTE: While Kachina views the fines as being a fraction of what they could have been, one also has to remember that Hanson's probably paid quite a lot of money to defend their company. Bottom line for other contractors - don't even chance a fine...let Kachina help you stay in complaince, before a problem occurs.)

Paul E. Toub Speaks at National Real Estate Investors Association Mid-Year Conference

2011-06-30T06:39:00.000-07:00

Paul E. Toub, vice president of marketing, was a keynote speaker at the National Real Estate Investors Association Mid-Year Conference in Nashville, TN on June 24^th, 2011. While contractors are responsible to abide by the lead paint laws when doing work in pre-1978 homes where there could be lead paint, so are landlords and property managers when dealing with their tenants living in similar targeted housing. National REIA has selected Kachina as their exclusive partner for training nationwide. They also have endorsed the Kachina systems of forms and protocol which create a tight paper trail in case of an EPA or state audit.

Home Talk USA Radio Interview

2011-06-20T11:12:00.000-07:00

Cajun Contractor Interview This Weekend!

Paul E. Toub, vice president of marketing for Kachina Lead Paint Solutions, will be interviewed by the "Cajun Contractor" Michael King on the Home Talk USA Radio Network this weekend. Listen live on Saturday, June 25, from 10:30 to 11:00 am ET as Paul and Michael discuss the latest on how on the lead paint laws are impacting contractors and the homeowners they do work for, property managers and their tenants, and do-it-yourselfers.

The interview will be broadcast online at the Life Style Talk Radio Network (www.lifestyletalkradio.com). You can also click here (http://www.lifestyletalkradio.com/zipsearch.shtml) to find your local radio station.

Home Talk USA with the “Cajun Contractor” Michael King, is a weekly syndicated radio program broadcast nationally every Saturday from 10a-12p Eastern on the Life Style Talk Radio Network, from 4p-7p Eastern on the Genesis Communications Radio Network and Sunday from 7a-8a Eastern on the Business Talk Radio Network

Home Talk USA Program!

2011-06-01T10:41:00.000-07:00

KACHINA LEAD PAINT SOLTIONS TO SPONSOR HOME TALK USA RADIO PROGRAM IN 2011!

New Orleans, Louisiana, June 1, 2011, The "Cajun Contractor" Michael King, host of Home Talk USA, in a joint announcement with Paul E. Toub, vice president of marketing for Kachina Lead Paint Solutions, has signed on to sponsor the very popular home improvement syndicated radio program.

Kachina Lead Paint Solutions specializes in serving the remodeling and residential property management industries, including contractors, manufacturers, and landlords. They are a nationally-approved EPA-approved training company for the required Lead Renovation, Repair & Painting Program to become a Certified Renovator, required if working in homes built before 1978 where there could be lead paint. Additionally, Kachina has all the operational forms, pamphlets, guides, equipment and supplies to ensure contractors are in compliance with the law. When asked why he selected Home Talk USA Radio, Mr. Toub replied, "Michael King has an audience that will allow us to educate both homeowners and contractors about the law. Even more critical is why this law is so important to follow in terms of protecting human life, especially younger children, pregnant women and pets. Lead paint poisoning is deadly and if Michael King can help us protect just one additional innocent person, the investment will more than pay for itself."

Home Talk USA with the "Cajun Contractor" Michael King, is a weekly syndicated radio program broadcasted Nationally every--

SATURDAY-
10a-12p Eastern on the LifeStyle Talk Radio Network
4p - 7 p Eastern on the Genesis Communications Radio Network

SUNDAY -
7a - 8a Eastern on the Business Talk Radio Network

With over 217 Radio markets in the US and internationally in 47 Countries, Makes Home Talk on of the most listen to Home Improvement radio Shows on the air today.

Testimonials

2011-05-18T11:19:00.000-07:00

Read below to hear what some of our attendees thought of our Lead Paint Solutions class and click here to learn more about Kachina's training options!

Testimonial 1: I just returned from a long but worthwhile day of training and am now a Certified Renovator for projects that fall under the EPA rule that went into effect last April 22, 2010. For those of you who were wondering if it was worth the $2xx bucks to attend, it was. The knowledge is worth much more, regardless of your involvement in projects, or how you intend to use the information. If you are involved in renovating or renting properties built before 1978, or even just wholesaling to those who do, you should take this class. Quality contractors who have this certification can (and will) charge a bit more for their projects that require the additional education, precautions, procedures, and clean-up required by this rule. Owners who elect to do the work themselves or hire non-certified contractors or use cheap day labor to get their projects done take all of the liability on themselves (not smart). If you think this doesn’t apply to you, you are probably wrong.
-H

Testimonial 2: If I had any doubts that this is my preferred strategy going forward, yesterday's excellent training brought that message home loud and clear.

That doesn't mean that I won't ever do a pre-1978 house. In fact, I probably will. It's just that I will treat such houses the way I treat houses with underground oil tanks. I will consider them only if they are extraordinarily profitable deals and I will invest the money in third-party certifications that the house is free of lead-based paint (or a leaking UST.) In the case of lead-based paint, there are vendors (we have one affiliate here in South Jersey) who will come out for about $350 - $400 with an XRF machine and test and certify the property (or declare that it does have lead-based paint.) As long as someone else will take on the liability to declare that the house is free of lead-based paint, I'll treat it like any other investment property. [Thank you for choosing Kachina Lead Paint Solutions for all your renovation needs.]

I am not a contractor. I don't want to be a certified renovator. I DO want to know everything that a certified renovator knows and the excellent course Kachina gave me that for $2xx.

I don't think that anyone who does pre-1978 houses can afford not to go to this training. The cost of ignorance can be huge.

Happy investing! M

NAHB Lawsuit Against EPA

2011-05-11T11:32:00.000-07:00

NAHB Lead Paint Lawsuite Against EPA Moves Forward
Resolution not likely until next year

NAHB has filed its opening brief in what could be a drawn-out legal battle with the Environmental Protection Agency.NAHB and three other trade associations — the Hearth, Patio and Barbecue Association; the Window and Door Manufacturers Association; and the National Lumber and Building Material Dealers Association — have filed suit against the EPA over the agency’s removal of the opt-out provision from the LRRP rules. The opt-out provision, included in the original LRRP rules EPA issued in 2008, allowed homeowners without children under 6 or pregnant women in the home to “opt out” of the stringent rules for handling pre-1978 homes. EPA removed that provision as part of a settlement with the Sierra Club and other groups.

NAHB is arguing that the removal exceeded the scope of the congressional intent in creating the program in its brief to the U.S. Court of Appeals.“Congress wanted them to make the renovation and remodeling rule different from the abatement rule, to really focus on children under 6 and pregnant women,” says Amy Chai, senior counsel at NAHB. “The opt-out provision allows the agency to better to do that, which is what the agency itself said in 2008 when it published the rule.”The EPA didn’t provide sufficient justifcation for the change as required under the Administrative Procedure Act, or properly evaluate the impact on small businesses as required by the Regulatory Flexibility Act, NAHB argued in its opening brief.“When they made such an about face, there was no new evidence in the record that supported them changing their minds in such a dramatic fashion,” Chai says.

NAHB and its partners are not challenging the LRRP rules in their entirety, just the removal of the opt-out clause. NAHB supports the regulations except for that change, says Therese Crahan, executive director of NAHB Remodelers.“The litigation is solely over the the opt-out provision, and some people misunderstand that,” she says.The problem for NAHB members is that many homeowners don’t understand the new rules and many, especially those without children, don’t understand why they have to pay for their projects to meet the requirements, Crahan says.That’s leading to NAHB members losing business to either DIYers or contractors that aren’t following the rules.It will probably be sometime in 2012 before the court makes a decision, Chai says.EPA has until June to file a brief with the court. The National Center for Healthy Housing is also expected to file an amicus brief in June in support of EPA. NAHB will have until July to respond to those briefs. That would be followed by oral arguments in front of a three-judge panel.In the meantime, NAHB’s lobbyists are also continuing to work on Capitol Hill in an effort to get Congress to address the issue.

Click here to learn more!

The EPA Issues More Fines!

2011-04-20T11:32:00.000-07:00

EPA Fines Connecticut Dealer

A contractor specializing in spray-on vinyl siding and replacement windows and doors has agreed to pay $30,702 to settle claims by the New England office of the Environmental Protection Agency that it failed to provide lead hazard information to homeowners or occupants before doing renovations that may have disturbed surfaces coated with lead-based paint, EPA Reports.

The settlement resolves claims that Permanent Siding & Windows, based in Milford, Conn., failed to provide EPA’s lead hazard information pamphlet to at least 17 owners or occupants before the company began renovation activities. The violations in this case took place during renovation work done between January 2006 and March 2009.

Permanent Siding has certified that it is now in compliance with EPA’s Pre-Renovation rule and will submit a report to EPA later this year to demonstrate its continued compliance with this rule.

This is the second such settlement reported by EPA in recent weeks. It also settled a claim with Window World of St. Louis, which agreed to pay nearly $20,000 in fines and perform replacement window work for youth group homes in its area.

Click here to learn more!

EPA Enforcement Against Contractors Increasing

2011-04-19T11:12:00.000-07:00

EPA enforcement of the recently enacted Renovation, Repair and Painting Rule ("RRP Rule") is finally becoming more common after a period of very little enforcement. NAPAC has reviewed a number of EPA enforcement-related actions against its members. The most common approach is for the EPA to send a simple letter advising that it is concerned about the contractor's compliance with the RRP Rule and is requesting documentation and information concerning the contractor's compliance. Of course, if the request for documentation and information is ignored, a formal government subpoena follows.

Aside from the obvious ruinous fines that the EPA can impose on a contractor for non-compliance with the RRP Rule ($37,500 per violation), an EPA request (via letter) or demand (via subpoena) is a tremendous burden on the contractor. In the EPA correspondence that NAPAC has reviewed, the EPA asks for a list of all jobs performed by the contractor, a list of each individual acting as a Certified Renovator on behalf of the contractor, the steps taken by the contractor to ensure that lead-safe work practices are being utilized in pre-1978 housing, etc. Any NAPAC member that has ever had to comply with a government subpoena can not only appreciate how much time it takes to compile the requested documentation and information, but also how costly it is to have legal counsel review all of the documentation and information first to make sure you are not blindly turning over documentation and information that makes it obvious that you violated the law.

How can NAPAC members avoid being targeted? First and foremost, you must comply with the RRP Rule. This is predicated on fully understanding the RRP Rule, whether the EPA rule or your state rule.

NAPAC's lead-based paint memos, which are available on www.NAPAC.net for FREE to NAPAC members, are the best place to learn what you must be doing to comply.

Leaving aside compliance, many contractors who have encountered run-ins with the EPA in the past can trace their problem to either a child testing for elevated blood levels or a disgruntled ex-employee or installer who has reported (ironically) his unlawful actions while he worked for the contractor. As NAPAC has noted before, ex-employees or installers know nearly everything about your business, and a disgruntled one is all too happy to "air your dirty laundry" to anyone who will listen. If it happens to be about your non-compliance with the RRP Rule, it can turn into a nightmare.

EPA Issues Fines for Lead Rule Violations

2011-04-08T07:11:00.000-07:00

Replacement contractors pays nearly $20K in administrative action

Window World of St. Louis agreed on March 31 to pay a $19,529 civil penalty in connection with an administrative action by Region 7 of the Environmental Protection Agency (EPA). The action cited Window World of St. Louis for failing to provide information — i.e., the agency's "Renovate Right" brochure — to "at least 20" owners and residents of St. Louis-area properties built before 1978. In addition to the fine, Window World agreed to supply $20,048 of in-kind services to nonprofit Youth in Need.

In January, officials of EPA Region 1, in New England, filed a Consent Agreement and Final Order in which Milford, Conn., contractor Permanent Siding & Windows agreed to pay a penalty of $30,702 for its failure to provide Renovate Right to 17 Connecticut property owners prior to performing renovations there.

In both cases, the companies were cited for failing to distribute the brochure as required rather than for ignoring specific steps and measures for containment and clean-up mandated by the EPA as of April 2009. Both cases involved a paperwork audit. According to a source at the EPA, the agency has yet to take legal action against contractors for specifically violating the Renovation, Repair and Painting (RRP) containment and clean-up rules.

The appearance of a press release regarding the Window World of St. Louis legal action on the EPA's website fed speculation that the agency may be stepping up audits and possibly even onsite inspections in connection with RRP enforcement. "I'm hearing grumblings," says Check for Lead's Scott Turman. On Monday, April 4, Check for Lead, a Florida-based online supplier of materials for contractors involved with lead-safe renovation, launched a new tool for contractors seeking solid information about EPA audits in their area. The online tool is a Google map flagging locations where EPA audits can be verified as having taken place.Turman says that 11 states are now administering their own audits. He plans to expand the sophistication of the map soon by adding Occupational Safety and Health Administration and state audits.

Click here to learn more!

College works painting pays $32,508 EPA penalty

2011-04-07T10:35:00.001-07:00

College works painting pays $32,508 EPA penalty for failing to inform homeowners or residents of possible lead hazards

Seattle College Works Painting, a company operating in Oregon, has agreed to pay $32,508 penalty for alleged violations of the federal pre-renovation rule. The U.S. Environmental Protection Agency alleged that the Irvine, California based company violated the federal pre-renovation rule while renovating nine properties in Portland, McMinnville, and Hillsboro, Oregon.

The federal Pre-Renovation Education Rule requires painters, contractors, carpenters, property-management companies and others involved in remodeling or renovation of pre-1978 housing to provide home owners and occupants with an EPA Renovate Right lead hazard information pamphlet. In 1978 lead was banned from paint used for housing.

This pamphlet educates home owners or occupants on how to minimize exposure to hazardous lead dust that is often generated during sanding, cutting, demolition or other renovation activities. The pamphlet also provides resources for more information about lead and minimizing lead hazards.

The violations in this case took place during renovation work done in 2008.

College Works failed to establish and maintain records necessary to demonstrate compliance with Toxic Substances Control Act regulations, according to the EPA. College Works has corrected the violations and is now in compliance with EPA’s Pre-Renovation Education Rule.

“Families have a right to know about possible lead health hazards around the home,” said Rick Albright, Director of EPA’s Office of Air, Waste and Toxics in Seattle. “By reading the Renovate Right pamphlet families can learn how to avoid hazardous lead dust during renovations.”

Lead-based paint can be on walls, ceilings, woodwork, windows, or even floors. When lead-based paint on these surfaces is chipped, sanded, or scraped, it breaks into tiny, barely visible pieces that children can swallow or inhale. Even small repair and renovation jobs, including repainting projects, can create enough lead dust and chips to harm children.

Lead poisoning is a silent disease that can cause serious health consequences for children because of its detrimental effects on both physical and mental development. Nearly one million children in the country are affected by elevated lead levels.

Click here to learn more!

Lanloards face contempt threat!

2011-02-23T13:17:00.000-08:00

Landlords face contempt ruling on house's lead cleanup

EVANSVILLE — In a first-of-its-kind ruling, a judge has ordered the landlords of an Evansville house contaminated with lead paint to comply with a cleanup agreement or be held in contempt of court.

The lawsuit, filed in November 2009 in Vanderburgh Circuit Court, alleged that landlords Mark R. Bryan and Tammy A. Bryan had refused to fix lead paint hazards in a house after a tenant's child was found to have elevated blood lead levels.

It was filed by Indiana Attorney General Greg Zoeller's office on behalf of the Vanderburgh County Health Department after the Bryans allegedly ignored multiple warnings to fix the problems, and failed to comply with their own April 2010 agreement with the county.

Vanderburgh Circuit Court Judge Carl Heldt ruled in favor of the state on Jan. 14. He ordered the owners to remediate or demolish the house, and also to pay $13,050 in attorney's fees.

A spokesman for the attorney general's office said Friday that the Bryans have failed to appeal the judgment within the required 30 days.

Bryan Corbin, of the attorney general's office, said the property owners have now lost their right to appeal and must comply by an April 29 deadline set by the judge or face being held in contempt of court. A June 10 court date has been set to check compliance.

It is the first time the state has successfully brought a nuisance suit under Indiana's environmental laws on behalf of local efforts to enforce compliance with lead hazard regulations. Although the attorney general's office has offered such support going back to Zoeller's predecessor, Steve Carter, the Vanderburgh County lawsuit was the first such action ever taken in the state.

"We have set a precedent that a county may sue for nuisance for lead paint contamination and also in doing so to recover costs," Corbin said.

He said the Bryans, who do not reside together, have not answered legal notices throughout the proceeding and that communications to Mark Bryan have been returned undeliverable. Court records listed his address as being in Key Largo, Fla.

Dwayne Caldwell, the health department's environmental health supervisor, said the county is still waiting to hear from the owners.

Alerted by test

The property came to the county's attention in January 2008 after a tenant's child tested for elevated lead blood levels.

A health risk assessment confirmed at least 15 lead hazards in and around the home, including high levels of lead in the child's bedroom and in the bare soil of a backyard play area. Lead-contaminated dust also was in a windowsill.

Lead hazards generally are created from the dust caused by opening and closing windows and doors with lead paint, and by tracking in contaminated soil from yards.

Caldwell said new federal regulations require contractors and businesses doing home renovations to be trained and licensed for working with lead hazards by the U.S. Environmental Protection Agency, and provide owners with a pamphlet informing them about the requirements and health risks.

The training involves taking an eight-hour class, Caldwell said.

According to Health Department records, there were 106 reported cases of children with elevated lead blood levels in 2009 and 81 in 2010.

Small children are most at risk from lead poisoning because it can damage their still-developing brains and nervous systems. Small children are more likely to crawl and play in dusty and dirty areas where lead from deteriorating paint can be present.

Click here to learn more!

Lead Paint Webinar #1 on WDDA's February Top Ten!

2011-02-18T06:23:00.000-08:00

The new Lead Paint Webinar, "One Year Later: Lead Paint, the EPA, and Where Things Stand," lead by Kachina Lead Paint Solutions's Paul Toub was recently named Number 1 on the Window and Door Dealer's Alliance February Top 10 List! The Webinar will take place on March 10th at 2:00PM. Click Here to learn more about the Webinar or Click Here to read the entire February Top Ten list by WDDA!

Kachina featured in the News!

2011-02-15T07:39:00.000-08:00

New Lead Paint Webinar! One Year Later: Lead Paint, the EPA, and Where Things Stand.

In 2010, the WDDA hosted a webinar focused on the Environmental Protection Agency Lead Rules that went into effect in April 2010. In this session, Paul Toub of Kachina Solutions discussed the affect the rules would have on your business and the window and door industry.

Now that we are approaching the one year anniversary of the rule, the WDDA is hosting a new webinar on March 10, 2011: One Year Later: Lead Paint, the EPA, and Where Things Stand. Paul Toub of Kachina Lead Paint Solutions will discuss what is happening with the rule, why it appears to have been a non-event, and why it may be the “calm before the storm.”

For WDDA members, the cost per webinar log-in is $50 (non-members: $100). For more information about the Educational Webinars, call 703/442-4890 ext 182. Past webinars are available through myglassclass.com. View the webinar descriptions in the Educational Webinar Catalog.

Replacement Contractor Online Article

2010-12-28T07:11:00.000-08:00

Varies by State

Requirements for managing the job for lead-safe renovation may vary by state, but whatever the specifics, it's the general contractor's responsibility to make sure that if lead is present, homeowners know it and lead-safe renovation takes place. "The money trail is going to come back to the company," says Chris Zorzy, owner of A&A Services, in Salem, Mass.

Enforcement of lead rules is still a matter of self-policing. Paul Toub, vice president of Kachina Contractor Solutions, suggests companies send their own CR at the start of the job to make sure every worker is trained on the lead-safe specifics of that job, document those practices with checklists covering interior and exterior setups, and have a company CR return for verification of proper clean-up. "If you're able to say all that and back it up with proof," Toub says, "you're going to be in a much better position to defend yourself if there's an issue."

Click here to read the article in its entirety!

Man Indicted in Lead Paint Coverup

2010-12-22T07:27:00.000-08:00

Man indicted in lead paint coverup; harm to children alleged

AG says landlord faked certificates

WORCESTER — A Leicester landlord has been indicted for allegedly claiming falsely that his property was in compliance with lead laws, thereby endangering children, according to the state attorney general’s office.

Jaroslaw Pianka, 40, of Charlton was indicted by a Worcester County grand jury Friday on charges of child endangerment, larceny by false pretenses and two counts of uttering.

Mr. Pianka, owner of two properties on Dale Court in Leicester, failed to comply with lead laws by submitting fraudulent certificates of lead compliance and representing that his properties were fully de-leaded, the AG’s office said.

The AG’s office said a family with two children under age 6 rented one of his Dale Court properties under “verbal assertion that the property had been de-leaded in Feb. 2007.”

The family subsequently performed a home lead test, which revealed lead in the property, the AG’s office said.

They contacted the town’s board of health to request a lead determination in March 2009. Further inspection revealed several areas that tested positive for lead, and Mr. Pianka was ordered to correct the lead issue.

In April 2009, Mr. Pianka gave the family a copy of a letter of full de-leading compliance.

The AG’s office said he also gave the family a copy of the Massachusetts Tenant Lead Law Notification and Certification Form, which is required by law to be provided by landlords to tenants before renting them properties built before 1978, and he gave a letter of full de-leading compliance to the Board of Health.

The Massachusetts Department of Public Health’s Child Lead Poisoning Prevention Program determined the documentation to be fraudulent, the AG’s office said.

Mr. Pianka was also cited in connection with a second property on Dale Court after the health board learned of additional alleged violations.

In March 2009, the board ordered Mr. Pianka to correct lead in the second property.

In response to the order, Mr. Pianka submitted a letter of full de-leading compliance.

Further investigation of the letter with the Licensed Lead Inspector Database of the Massachusetts Department of Health and Human Services determined that neither the name of the inspector nor the license number of the inspector listed on the letter existed, the AG’s office said.

Mr. Pianka will be arraigned in Worcester Superior Court.

To learn more about Lead Paint Training - Click Here!

Does the new Lead Paint law apply to you?

2010-12-08T11:01:00.000-08:00

National Real Estate Investors Association

Q: Does the New Lead Paint Law (and the ruinous fines) apply to you?

A: ABSOLUTELY!

You may or may not have heard about the law which went into effect on April 22, 2010. Simply stated, if paint is being “disturbed” in a home or apartment built before 1978, and it tests positive for lead, the law is triggered. Violations from the EPA can be as much as $37,500 per violation/per day. Yes, $37,500! In some parts of the country, the laws are even stricter and are administered by the state.

Many property managers and property management companies who have heard about this law think that it only applies to contractors. Wrong! Landlords will be a prime target of the EPA and state enforcement agencies.

Because you are collecting rent, dollars are being exchanged and that triggers the law and puts the burden on you and your company. Whether you are remodeling a kitchen or bathroom, replacing windows, or doing any type of work that is disturbing 6 or more square feet of interior space, or 20 square feet on the exterior, the law applies. And this can even include changing carpeting even when the unit is empty.

When people learn everything’s that’s involved with this law, the most common reaction is that of being totally “overwhelmed,” according to Paul E. Toub, vice president of marketing for Kachina Lead Paint Solutions. Kachina is a one-stop source for everything from training to the proper business protocol to the right equipment and supplies for ensuring “lead safe work practices” are followed.

Paul will be hosting a very special webinar just for our members and will explain everything you need to know to be in compliance. There are a number of steps…registering your company with the EPA or specific state, determining which employees should be trained to be Certified Renovators, hiring the right outside companies (contractors and sub-subcontractors), ensuring that you have the proper paper trail and the most cost-efficient methods of protecting your workers and their families.

Just one incident involving a child or pregnant woman who believes that you may be at fault for causing lead paint poisoning could obviously be detrimental to your business and reputation. It’s not worth the risk and as the old expression goes, “Ignorance in no defense.” Therefore, we urge you to attend this webinar to ensure that you have the right information to make the right business decisions to protect your most valuable asset – your business.

Kachina Lead Paint Solutions Quoted in Qualified Remodeler Magazine

2010-12-03T09:04:00.000-08:00

Don’t Dread Lead RRP

The Lead RRP rule may create new business for remodelers as consumers become more aware of the law. A number of products are entering the marketplace to ensure compliance.

By Harry Spaulding

According to the Centers for Disease Control and Prevention, one in 11 American children has high levels of lead in his or her blood. The U.S. Environmental Protection Agency’s Lead Renovation, Repair and Painting, or Lead RRP, rule was created to safeguard children and pregnant women from exposure to lead-based paint, which can lead to birth defects, learning disabilities and slowed growth. Contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child-care facilities, and schools built before 1978 are required to be certified and must follow specific work practices to prevent lead contamination. Although a worthy cause, the RRP rule creates some serious financial concerns for remodelers.

Navigating the Law

Since 1996, EPA has required that remodelers of pre-1978 homes hand out the “Protect Your Family from Lead in Your Home” pamphlet. “A few years ago, before anyone knew what was about to happen, we saw a company get fined simply for not handing out the required EPA pamphlet,” says Paul E. Toub, vice president of marketing for Elkins Park, Pa.-based Kachina Lead Paint Solutions, an accredited EPA trainer for certification under Section 402 of the Toxic Substances Control Act. “It was the EPA’s way of sending a message that there was more to come, thus the new law that took effect April 22.”

“The lead-paint problem was caused by careless lead-paint manufacturers, but the burden is now placed on the shoulders of contractors,” says D.S. Berenson, attorney and managing partner of Johanson Berenson LLP, Great Falls, Va. As Berenson sees it, EPA has created a “Byzantine maze” for contractors to navigate to follow the requirements of the law.

Although lead-safety trainers were available, demand was low until the RRP rule was instituted. Toub says: “We called it the lead-paint tsunami. Once approved as an EPA-certified trainer, our business went from zero to 60 in a split second. What was driving it was the government telling everyone that they needed to get trained by April 22. As we got closer to the deadline, the pitch got really fevered.”

Berenson says two options exist for navigating the RRP program: Hire a law firm to assist or visit www.NAPAC.net, which has developed state-focused pages where contractors can go to determine state laws and whether they override the federal EPA laws. Eleven states currently have their own laws; that number is expected to grow as states realize the potential revenue available to oversee their own RRP programs. As long as a state’s law is as strict as or stricter than the EPA program, it will trump the federal law. Combining certification and licensing fees from individuals and companies, as well as potential fines from those who ignore the law, Lead RRP promises a strong revenue stream.

According to Toub, most state laws are similar to federal laws but may be a bit more lenient with fines. He notes: “Some states don’t allow you to test for lead paint. Wisconsin and California, for example, say you can’t test for lead paint—you must assume the painted surface is lead if the property was built prior to 1978. No matter what, you need to use lead-safe work practices.”

Driving Business

Although the RRP program is a burden for contractors, there’s no escaping it. On the positive side, EPA certification and safe-work practices can serve as powerful marketing tools. Highlighting EPA certification on business cards, signage and advertisements can give contractors an edge over those who skirt the law.

“Contractors have not been happy about the requirements; however, most contractors who have gone through the course do see the value in it,” says Ben Myers, administrator of installer certification for Architectural Testing Inc., York, Pa.

For some contractors, adhering to the RRP rules is cost-prohibitive. “I know of at least two contractors who have decided to get out of the business,” Myers says. Increased costs include disposable products and permanent equipment for lead-dust containment and cleaning, as well as additional man-hours required to perform the work. Contractors also must absorb the cost of EPA-accredited lead-safe work practices certification courses, as well as attorney fees to adapt contracts and job descriptions.

However, Myers believes increased consumer awareness about the dangers of lead exposure could lead to significant business opportunities. Although many think lead only affects pregnant women and children, the U.S. Product Safety Commission says lead can cause irritability, poor muscle coordination and nerve damage in adults. “Contractors can be promoting the fact that a lot of older homes have windows with lead paint. Opening and closing of the window will create lead dust,” Myers explains.

Calli Schmidt, the National Association of Homebuilders’ environmental communications director, says, “We hear from members they are competing against remodelers willing to skirt the rules, but we hope more consumer awareness will help change that.”

Following the Rule

To follow the RRP rule, remodelers first must have their company and someone on staff certified in lead-safe work practices. Myers recommends contacting trainers to ask questions about their area of expertise before signing on for a course. While all trainers provide the same EPA materials and curriculum, learning from someone with relevant experience may speak to a remodeler’s specific situation.

Toub notes the importance of being certified by instructors who not only know the law, but who also are able to approach the course from a contractor’s business standpoint. “This involves everything from the proper forms, business guides and protocols to ensure you have a tight paper trail in case of an audit.” The paper trail also will document the steps taken and protect the contractor in the event that homeowner health issues arise in the future. Remodelers must keep meticulous records for at least three years after the job is completed.

“Contractors working on a pre-1978 home need to test for lead paint before they begin work,” says Will Manning, director of marketing for ZipWall LLC, Arlington, Mass. “If lead is present, the contractor would be wise to do a thorough pre-renovation dust sampling before beginning the job.”

Manning recommends checking the entire area from walls and floors to window sills and door jambs. Although this testing will probably require sending samples to a lab for analysis, knowing the level of lead dust before beginning renovations may help protect the contractor in the future. An Internet search will provide a number of regional lead-testing laboratories that can perform testing on the dust sample. As an added precaution against any future ramifications, Manning suggests locating a state-certified lead-sampling technician to visit the jobsite to conduct the testing.

“If a pre-renovation lead-dust test comes back positive and there’s a fair level of dust contamination, a contractor might suggest the homeowner have his or her kids’ blood lead levels tested,” Manning adds.

The RRP rule requires the work area be protected by plastic sheeting extending at least 6 feet in all directions from the location of paint disturbance. Protective plastic sheeting also must extend far enough from the location of paint disturbance so all dust or debris generated by the work remains within the area protected by the plastic.

Vertical containment systems seal a specific area using plastic sheeting and connecting poles to essentially create a room within a room, thereby limiting the size of the area affected by the work and reducing the area that must be cleaned at the end of the job. Vertical containment systems contain and control dust and may be easier and more effective than taping up plastic sheeting.

The RRP rule dictates contractors must buy particular products to work on homes or child-occupied facilities where lead paint is present. The biggest capital investment is the HEPA vacuum, typically running from $500 to $900.

Some manufacturers now offer retrofit kits for existing vacuums; however, according to EPA RRP guidelines, an existing vacuum cannot be retrofitted to include a HEPA filter.

“You need to buy a HEPA vacuum designed for particulate matter,” says Paul Gordon, president of Golden Gate Enterprises, a Castro Valley, Calif.-based product supplier. “HEPA filters on poorly designed

vacuums clog up.” In the event of a clog, the filter cannot be reused. Gordon estimates a typical contractor will use approximately one to three filters per month at a cost of $150 to $250 each.

“With the HEPA vacuum being one of the main tools to be purchased by RRP-compliant contractors, it is crucial the individual selects a unit that is a certified HEPA vacuum and meets the needs for the contractor in size and within budget,” says Jeff Jensen, sales manager for Atrix International Inc., Burnsville, Minn. Currently, the EPA does not certify HEPA vacuums. Instead, a manufacturer certifies that its HEPA vacuum removes at least 99.97 percent of airborne particles 0.3 micron in diameter.

EPA also provides a “shopping list” of materials needed to satisfy the RRP rule. The work-site list includes signs; barrier tape, rope or fencing; safety cones; heavy-duty plastic sheeting; masking, duct or painter’s tape; and a stapler, utility knife or scissors. The individual working on the site must be outfitted with an N-100-rated respirator; protective eye wear; a painter’s hat and disposable garments, including coveralls, latex/rubber gloves and shoe covers.

“The sleeping dragon is going to be the liability of lead contamination and lead poisoning caused by a contractor,” Gordon warns. “It may all look fine with coveralls and respirators, but if you leave a lead-contaminated jobsite and people get contaminated with lead, it may cost the contractor his business.”

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Dust Wiping May Get More Complex

2010-11-19T07:09:00.000-08:00

Dust Wiping May Get More Complex

The Environmental Protection Agency (EPA) has once again proposed further changes to the lead paint laws. Under the most recent proposal, contractors removing or replacing painted window or door frames or removing more than 40 square feet of painted trim or molding would be required to perform specific dust-wipe sampling tests on uncarpeted floors, windowsills, and window troughs in the work area.

This dust-wipe testing would be performed after the contractor has completed lead-safe work practices. The locations for dust-wipe samples would depend on the number of rooms, hallways, or stairwells in the work area.

The dust-wipe samples can only be taken by an individual specifically licensed by the EPA as a certified inspector, certified risk assessor, or certified dust sampling technician. The EPA strongly suggests this be an individual different from the person acting as the contractor’s certified renovator. In any event, it means more licensing and training costs for the contractor: The samples need to be sent out within one business day of completing the job to a lab certified by the National Lead Laboratory Accreditation Program. The contractor would pay for the analysis and within three days of receiving the results, would send a copy to the customer.

If the results show no problem, the renovation would be considered complete and the work area could be reoccupied. But if the results show a problem, the contractor may need to consider if his company should return to re-clean the area, which would mean reestablishing lead-safe work practice protocols.

Wait and See

We’ll have to wait to see if this latest government proposal becomes law, but our expectation is that dust-wipe rules will take effect by year-end or by spring of 2011.

lead-safe work practices were designed to keep the customer safe from lead paint exposure in the first place. If flaws exist in the EPA’s lead-safe work practices, it seems unlikely that a new level of licensing and testing burdens for contractors will correct them.

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Visit and Support a great Cause!

2010-11-11T07:17:00.000-08:00

Philadelphia Fundred Mint

Come to The Fabric Workshop and Museum's annex gallery The New Temporary Contemporary home to the Philadelphia Fundred Mint! A project dedicated to showcasing the value of your creativity. It also has a critical mission: to support a solution to lead-contaminated soil and to help end Lead poisoning in cities across the country, like Philadelphia, starting in New Orleans. They have converted the space so you can draw and exhibit your own Fundred Dollar Bill. Each visitor can contribute to this exhibition by drawing their own, hand-drawn interpretation of a U.S. 100 dollar bill. With one drawing by each child and adult mounted on the huge gallery wall, the museum expects to see a massive representation of Philadelphia.

To learn more about the event Click Here!

To learn more about the Fundred organization, visit their website Here!

Lead-removal contractors face deadline to pass class!

2010-11-02T09:07:00.000-07:00

Lead-removal contractors face deadline to pass class

Denver Business Journal

Contractors have until year-end to finish required training courses for safely dealing with lead paint encountered when remodeling older homes under new U.S. Environmental Protection Agency rules.

The agency believes it still can begin enforcing the lead-safe work practices outlined in its new “Renovation, Repair and Painting Rules,” which took effect April 22, said Michelle Reichmuth, the EPA’s regional lead coordinator for Region 8, which covers Colorado.

But on June 18, the agency announced it would delay enforcement on the paperwork requirements for certification and training against contracting firms and individual contractors, due to concerns raised about not enough trainers ...

Click here to learn more

2010-10-21T09:29:00.000-07:00

For many kids, lead threat is right in their own homes

USA TODAY

MILWAUKEE — The house is not the biggest on the block, but Blanca de la Cruz's brick bungalow, on a quiet street south of downtown, is swept and tidy, with twin pots of vivid pink petunias hanging from the front porch. She keeps a close watch on her two boys, 9-year-old Saul and 3-year-old Miguel.

So she was puzzled — and scared — last February when, over the course of just a few days, Miguel began acting oddly: He was clumsy, irritable and high-strung. She took him for a checkup and four days later got a bold-faced letter from the city health department that said Miguel was "probably lead-poisoned."

Pediatricians ring alarm bells when a child's blood tests show lead levels above 10 ug/dL (micrograms per deciliter) of blood. A microgram is a millionth of a gram; a deciliter is one-tenth of a liter.

A blood test put Miguel's blood lead level at 33 ug/dL. A few more points and he would have had to be hospitalized. A city inspector visited the house, wipe-tested surfaces throughout and found what he expected: The lead was coming from paint dust created by years of opening and closing the home's windows.

Massive recalls of lead-laced trinkets and lead-painted toys from China are making news these days. Mattel recalled 675,000 Barbie toys last month, including Barbie's Dream Puppy House and Kitty Condo. But for the thousands of kids sickened by lead each year in the USA, it's not Barbie's Dream House that makes them sick. It's their own house.

The U.S. government banned lead paint in 1978, and U.S. oil companies began phasing out leaded gasoline in 1975. Since then, the percentage of children with high levels of lead in their blood has plummeted from 88% in the 1970s to 1.6% in 2005.

It's "one of the great triumphs in public health in this country over the last 20 to 25 years," says Philip Landrigan of Mount Sinai School of Medicine in New York. Joel Schwartz of the Harvard School of Public Health calculated that average IQ levels nationwide have risen four to five points as a result of lower lead levels in the environment.

But Landrigan and others warn that the effort hasn't wiped out lead poisoning. They consider that goal feasible: There's a broad public health effort to eliminate lead poisoning by 2010, but current estimates indicate it won't happen that soon.

Nearly three decades after the paint ban, hundreds of thousands of children — most of them under age 6 — show signs of lead exposure. The American Academy of Pediatrics estimates that one in four children live in housing with deteriorated lead paint, part of a toxic legacy from generations past when less was known about the dangers of such substances.

Now, an economist and a housing researcher say they have come up with a plan that could virtually wipe out lead poisoning in a few years: Find every home in America built before 1960 and replace the old, original, lead-painted windows. It's an odd but compelling idea that a few housing advocates say is not as crazy as it sounds.

"It's a no-brainer," says Ruth Ann Norton of the Baltimore-based Coalition to End Childhood Lead Poisoning, which since 2000 has been pushing for a sweeping window-replacement program. "It can be the difference between sending (children) to the hospital or sending them to college."

Eliminating lead from gasoline, paint and other products has paid off: Lead concentrations in the air have declined about 96% from 1980 to 2005. Only two U.S. counties now have lead levels that exceed federal air-quality standards (Lewis and Clark County, Mont., and Jefferson County, Mo.).

Yet while local, state and federal figures show that fewer children now suffer from lead poisoning, lead still harms 310,000 children in the USA, the U.S. Centers for Disease Control and Prevention reports. In Milwaukee alone, officials in 2006 found 1,414 cases of high lead levels. About 53,000 houses here need remediation.

And the CDC figures are simply estimates. Although all Medicaid-eligible children must be screened for lead at ages 1 and 2, doctors don't test all children. The CDC doesn't recommend testing unless a child lives in a home built before 1950 or a pre-1978 home that has been renovated.

Testing is often spotty. Even in Wisconsin, a model for lead-poisoning prevention, state officials said earlier this month that only half of 97,000 Medicaid-enrolled children got required blood tests.

A potent neurotoxin, lead affects the brain, kidneys and nervous system — often irreversibly. Even exposure to a few fingerfuls of dust can raise a toddler's blood lead to dangerous levels, scientists say.

Dozens of studies have linked lead to lower IQs, severe learning difficulties, behavioral problems and even death. Researchers also have found that children exposed to lead are more likely to end up with juvenile and adult criminal records.

Poor and minority children in big cities are among those hit hardest, according to the CDC — and many researchers say that statistic has kept the nation's lingering lead problem from generating more public outrage.

"People think this is just a 'city thing,' " says former Rochester, N.Y., school principal Ralph Spezio. In 1999, he began wondering why so many of his students needed expensive special-education services. He looked at their medical records and found high lead levels in 41%. Among special-education students, it was 100%.

"If we had 41% of our children wading into Lake Ontario, and they came out with permanent brain damage, we'd be guarding the shores with state police," he says.

Replacing old windows

In the early 1990s, Milwaukee pioneered a technique for making homes lead-safe. While it includes stabilizing paint on walls, porches and other surfaces, it primarily focuses on replacing windows or repairing them by shaving down the wood and repainting it, then covering the inside of the frame with vinyl or aluminum.

The city pays homeowners $160 a window to repair or replace them — an offer extended to landlords, too, unless a child in their building turns up with elevated blood lead. Then the landlord must pay the costs; if he fixes that property, he's eligible for city aid for other properties.

"That's kind of when they really see the light," says Sara Mishefske of the Milwaukee Health Department. If a landlord refuses to do the work, the city can get a court order to do it and bill him.

By all indications, the program has been a success. In 1995, 39% of city kids had elevated blood lead; by 2006, it was down to 6.6%. Total cost: $53.5 million — about two-thirds of it from federal grants.

Walking through a home undergoing window replacement, city lead inspector A. Thomas Brandt says the focus on windows makes sense. "It's cost-effective, it does the job. It gives us the biggest bang for our buck," he says. "Ninety-nine times out of 100, the child is poisoned by this window."

He's backed up by years of research showing that opening and closing windows generates enough lead-paint dust to poison children decades after the paint was applied. (Lead helped paint adhere better and last longer.)

"It's like a lead-dust machine, even 40, 50, 100 years after the lead was put into those windows," says )Rick Nevin, a Fairfax, Va., economist who has done extensive research on lead's role in rising crime rates. Windows, he says, are "a huge part of the problem."

He and David Jacobs, a former U.S. Housing and Urban Development Department housing research director, are proposing a public-private effort to replace windows in the nation's aging housing stock.

Their proposal was published online last week in the journal Environmental Research. They say the money spent — $22 billion, less than the federal government spends on education in a year — would yield $67 billion in benefits, including lower rates of special-education enrollment, ADHD, juvenile delinquency and crime — and lower heating costs.

Nevin's findings on lead and crime have been applauded by researchers but have barely made an impression with the public.

Since high blood lead levels in children are known to reduce cognitive function and impulse control, Nevin maintains, the push in the 1970s to reduce environmental lead did more to fight crime by juveniles who came of age in the 1990s than an improving economy or public policies such as fixing up neighborhoods or adding cops to city streets. Replacing old windows, he adds, would virtually wipe out lead poisoning, pushing the crime rate even lower.

Milwaukee is among a few cities that have moved aggressively to guard their aging housing stock from lead. The problem remains so pervasive in so many cities that efforts to eliminate the problem could take decades — if not the rest of the 21st century.

Lead paint in walls or windows chips or rubs off as a house ages. In most houses, such as Miguel's, paint dust settles on and around the windows, after years of opening and closing. The simple act of letting in fresh air grinds the old paint in the cracks to a powder. Miguel touched the dust and, as 3-year-olds do, put his fingers in his mouth.

Blanca and her husband bought the house in 2002, but for decades the windows apparently had been painted with lead-based paint. Owners would have switched to safer stuff only after the 1978 ban — more than a quarter-century before Miguel was born.

Less lead, but hazard remains

A soft, heavy metal that has been used since antiquity (the word "plumbing" comes from the Latin word for lead, plumbum), lead had its heyday in the USA from the 1920s to the 1970s. After lengthy fights over its safety, industry began phasing out lead from gasoline and household paints in the late 1960s. But for many kids, researchers say, the hazard remains.

"That storehouse of lead that exists in the older housing in this country is enormous," says Landrigan, a pediatrician. "It's going to be there for decades and decades."

While most middle-class children now live in newer homes built or remodeled since 1978, poor kids are concentrated in older homes. In cities such as Detroit, as many as 90% of homes were built before 1978, according to the U.S. Environmental Protection Agency.

For many kids, a routine blood lead test uncovers dangerous lead levels in their homes.

Jamia Handy, her husband, Thaddeus Chatman, and four children were living in a rental house in Baltimore for four months before a well-baby check last August for her daughter Jaiah Chatman, who is nearly 2, came back with a lead level of 82 — eight times the "action level." The culprit: lead dust in and around the home's windows.

Norton's coalition moved in to renovate the home and replace the windows, after negotiating with the property owner; they finished the work earlier this month. The owner declined requests for comment. The family stayed in a hotel while the work was done but is now back in its home.

Doctors admitted Jaiah immediately to intensive care, where she began oral chelation therapy: one dose every eight hours of a concoction containing a chemical that binds to lead in the blood so she can dispel it through her urine.

Jamia Handy, who attends nursing school, says none of her training has covered how to prevent lead poisoning. Jaiah had the symptoms — loss of appetite, irritability — but Jamia says they were unusual only in hindsight. "She's always irritable — she's the baby, she's got brothers. I didn't notice it."

Jaiah greets visitors with a smile one recent afternoon, her fifth in the hospital. But her good humor vanishes as a friend of Jamia's tries to coax her into drinking her chelation medicine — a bitter mixture of succimer and red fruit punch — from a sippy cup. A nurse looks on as Jaiah tastes it but doesn't swallow a drop.

The nurse disappears, comes back with a fat plastic syringe and dips it into the cup, drawing out a few inches of liquid. Soon Jamia has Jaiah in her lap, holding her mouth open as the nurse squirts a stream in. The baby swallows reflexively but begins crying. After a few doses, she is screaming, the medicine gurgling in her throat.

The nurse keeps squirting medicine in, and Jaiah stiffens in her mother's arms, lying flat on her back in protest. Most of the pink medicine somehow goes down, but with each squirt, a bit of it ends up in a napkin that Jamia uses to dab Jaiah's cheeks. "Drink, drink, drink," Jamia coos. "Drink it."

Three weeks of chelation got her lead level down to 44, but if it goes up she'll have to be readmitted to the hospital. It's unclear whether Jaiah will have developmental problems — if she does, they won't show up for another two to four years, doctors say. Her 4-year-old brother, Chavez, whose level hovers around 34 micrograms per deciliter (ug/dL), started a series of monitoring tests on Oct. 2. If they go higher, he'll also have to begin chelation.

Lead also lingers in older homes in the suburbs and in rural areas.

Sarah Taylor had no reason to think there was anything amiss in her leafy neighborhood in Charleston, Ill., until a desk clerk at a clinic last year asked if her daughter Amanda, then 2, had been tested for lead. The results were eye-popping: Her blood level was 136 micrograms per deciliter (ug/dL) — more than 13 times the maximum safe level.

Amanda began immediate chelation — in her case, a series of painful injections — to remove the lead. Inspectors found the toddler had eaten a few chips of peeling paint on the front porch, where she had been playing, out of the way of her siblings' noisy games in the yard.

Her lead level was so high that her pediatrician, Charles Morton, says it'll take "many, many years" for it to come down. Her mother says Amanda, now 3, suffers from insomnia and tantrums "unlike any tantrum I've ever seen" because of the lead exposure.

It has been nearly eight months since Miguel's alarming blood test. In that time, workers installed new windows in his house. That and a low-fat diet high in calcium and iron have cut his blood lead level nearly in half, from 33 to 17. But he's still in danger.

"I don't want anybody to face the experience I had," Blanca says. "I prefer that people know more about their house so they can pay attention more, because what happened to me? If my son didn't get sick, I would never have known that my windows have lead."

In the big picture, Miguel is extremely lucky. Before last February, his lead tests were normal, so doctors likely caught the problem quickly.

Paying for lead removal

Federal funding for lead remediation is limited and probably will drop next year — the 2008 HUD lead-control budget is $116 million, 23% less than in 2005.

Many cities and states, overwhelmed by a backlog of cleanups and medical care and competing for federal dollars, are exploring a new way to fund it: They're suing lead-paint manufacturers, saying the paint applied decades ago creates a "public nuisance" that the makers ought to fix, a tactic similar to that used in tobacco litigation.

Since 1987, attorneys in 17 states have filed cases, but the first success came last year, when the state of Rhode Island won a judgment against three paint makers for the cleanup of 300,000 lead-tainted homes. The state said last month that it would cost $2.4 billion.

Milwaukee and a handful of other cities, including New York, Chicago, St. Louis and San Francisco, have filed cases of their own, looking to recover taxpayer dollars spent on everything from lead abatement to medical care and special-education costs. The lawsuits are risky: A jury last June rejected Milwaukee's bid to recover $53 million from NL Industries.

Children's advocates are closely watching a trial that began here Oct. 1: A 16-year-old Milwaukee boy named Steven Thomas, who was poisoned by lead as a child in two homes, is seeking damages from five paint companies. A decision in Steven's favor could increase the number of lead lawsuits.

The state Supreme Court in 2005 ruled that his lawyers don't even need to prove that the defendants made the paint in his boyhood homes. They need to prove only that the five manufacturers produced lead paint when the houses were built, around 1900 — and that they had reason to believe it was dangerous.

Former Baltimore City health director Peter Beilenson says Baltimore has more than 400,000 homes built before the 1978 lead paint ban, with an estimated 80% containing lead paint.

Beilenson says litigation like Rhode Island's may be one of the few ways to pay for large-scale programs. At the city's current pace, he says, "it'll probably take 100 years to get all the properties remediated."

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Learn more about the Renovation Repair & Painting Rule

2010-10-19T06:58:00.000-07:00

EPA Will Strictly Enforce New Lead Paint Regulations

The Environmental Protection Agency (EPA) has created a new rule called the Renovation Repair & Painting Rule which became effective in April 2010. This new rule states that any contractor whether it’d be a painter, plumber, remodeler or electrician, who disturbs a minimum of six square feet of paint while working in a home built before 1978 or even a school or daycare center must be Lead-Safe Certified prior to doing the work.

Those contractors who are not certified with the proper training will put the health of themselves, their employees and even the customers at risk, which may come to lawsuits and sever penalties for the contractor. The fine can be $37,500 per violation, up to five years in prison and a felony conviction. Along with the firm certification, at least one employee will also need to be certified as a Certified Renovator and if you are working in HUD assisted properties then everyone must be RRP certified.

Contractors are warned that over the next year, the EPA will be strictly enforcing the new rule and following through with the penalties as necessary. Contractors have until October 1, 2010 to register for a Lead RRP certification training course. After that the EPA will be looking for ones who are not compliant with the rule.

So why is this important? Lead is a toxic metal that was used primarily before 1978 in products found in and around most homes. Lead may cause behavioral problems and learning disabilities and also seizures and even as severe as death. The elderly and children six years old and under are most at risk.

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Editorial: New lead paint fines are too extreme

2010-10-19T06:56:00.000-07:00

Editorial: New lead paint fines are too extreme

The Eagle Tribune Mon Oct 04, 2010, 02:30 AM EDT

In its haste to crack down on contractors violating a new federal law on lead paint safety, the U.S. Environmental Protection Agency may be ignoring the law of unintended consequences.

The EPA said last week it would begin enforcement of a law requiring painting contractors to register by last Thursday for special training required to work on buildings constructed before 1978 — the year lead paint was banned. Violators could be punished by fines of $37,500 per day.

If the goal of a fine of that magnitude is to put all but the largest painting contractors out of business, it will probably be very successful. But if the goal is to speed the work of eliminating lead paint from old buildings, it will likely do just the opposite.

And this punishment is vastly disproportionate to the "crime." It has been 32 years since lead paint was banned, and contractors have not been required to have this special training for all that time. How can it suddenly be serious enough to warrant a fine that could be as much as some contractors make in an entire year?

A fine should be at a level that encourages people to comply with a new law, not at a level that drives them out of business.

Yes, it is important to remove lead paint, especially because it can cause developmental problems in children. And yes, it makes sense to have contractors know how to do it safely.

But the new law is already going to increase the cost of repainting old homes by thousands of dollars — contractors will have to use vacuums, filters and other protection to prevent lead dust or chips from spreading during a renovation. Work areas larger than 6 feet will have to be sealed to prevent contamination.

That alone will be a significant disincentive for property owners to get the work done. Many will not be able to afford it.

And fines of $37,500 a day will mean even less work getting done. What does get done will cost even more, because with fewer contractors there will be less competition.

Kendall Buck, executive vice president of the National Home Builders and Remodelers Association of New Hampshire says contractors have already had a difficult time getting trained, because there have been too few teachers.

If the EPA really wants to minimize the risks from lead paint, it should lighten up on the fines and give contractors a more reasonable time to get trained. Such a heavy hand will slow improvements, not speed them up.

Deadline looms for Contractor Regulation

2010-10-19T06:37:00.000-07:00

Deadline Looms for Contractor Regulation

PHILADELPHIA, Oct. 4 /PRNewswire/ -- While confusion remains about the EPA's Lead Paint Renovator regulation (also known as the RRP), one thing is certain, the extended deadline for all contractors to be certified is set to close in December. It is also certain that fines of up to $37,500.00 will be levied by the EPA afterward.

The federal law was designed to protect children and adults from lead poisoning from its most frequent source; lead paint. Lead based paint and finishes were outlawed in 1978, but homes built prior to that date are covered by the law. The regulation requires contractors working in pre 1978 homes to be certified, to test for lead based paint, and to employ lead-safe practices when it is encountered.

Contractors not certified or found to be violating the regulations are subject to $37,500.00 fines for each offense, and some areas have already seen fines levied as a result of the law.

But being caught by the EPA is only the beginning…

"Beyond the enforcement aspect, training is now often being required as a prerequisite of insurance for effected trades," says James Weltz of Criterion Laboratories, a lead testing facility and certified training provider. "And that points to the other concern, which is basically, where there is regulation, there will be litigation. When safe practices are established but not followed, people, in this case often children, will be adversely effected, and that's what this law seeks to avoid."

Initially, the deadline for being trained and certified was April 22nd of this year. Due to the limited availability of classes and initially poor awareness campaign, the Senate moved to extend the deadline. Now, certification classes are to be enrolled by September 24, 2010 for classes to certify no later than the end of December. The goal of the extension was to allow enough time for an orderly training of all effected trades.

"I'm not sure if it's an issue of putting it off until the last minute of wishful thinking that the law will never go into effect, but its safe to say that training given has not scratched the surface of the population who need it," says Eric Wysocki, a trainer for the course. "Waiting to see the first round of fines or the first competitor to be wiped out by a lawsuit is just crazy, training is one day, and it can be a real selling point to consumers. After the lead in toys awareness, a lot of parents are happy to choose a certified renovator if its better for their kids."

SOURCE Criterion Laboratories

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Listen to a Podcast, Learn about Lead Paint

2010-09-08T11:59:00.000-07:00

Do You Have Lead Paint in Your Home?
You have to be Licensed To Deal With It

Did you know that up to 90% of all New Orleans homes contain lead paint? When ingested, lead paint can cause irreversible brain damage – to adults, children and pets. Last April, the EPA passed a regulation requiring training and certification to renovate any home that contains lead paint – this applies to all contractors, property managers and even home owners, doing ANY rehab work. Learn about lead paint, and sign up for a training program to be offered in October. Click the link below to listen and learn more during segment one!

http://wgso.com/?p=7637

Officials focus on gaps in lead paint law

2010-09-07T08:03:00.001-07:00

Officials focus on gaps in lead paint law
Despite sharp drop in poisonings, advocates say more effort needed
August 27, 2010By Timothy B. Wheeler, The Baltimore Sun
Steve Ruark, BALTIMORE SUNThough incidences of lead poisoning have declined greatly among children in Baltimore and Maryland in the past two decades, they have not decreased as readily among youngsters who live in homes not covered by the state's lead paint law.

More than half the Maryland youngsters found last year with elevated levels of lead in their blood lived in owner-occupied homes or rental units built since 1950, according to a new report by the state Department of the Environment.

Statewide, more than 500 children age 6 and younger were poisoned by lead last year, the report said. Most of those cases, 347, were in Baltimore — long the state's leader in lead poisoning because of the age and dilapidated condition of much of the city's housing.

Government officials and health advocates gathered Friday outside a recently treated East Baltimore rowhouse to celebrate the gains made against the long-standing childhood health scourge, but also to draw attention to new efforts to reach more families living in unregulated homes that likely contain toxic lead-based paint.

Lead Paint Prompts Mattel to Recall 967,000 Toys

2010-09-07T07:55:00.000-07:00

Lead Paint Prompts Mattel to Recall 967,000 Toys

Susan Etheridge for The New York Times

Dora the Explorer is among the toys Mattel is recalling. The company says the affected toys were made in China.

By LOUISE STORY
Published: August 2, 2007
Mattel, the maker of Barbie dolls and Hot Wheels cars, is recalling nearly one million toys in the United States today because the products are covered in lead paint.

Susan Etheridge for The New York Times
Nickelodeon, which owns Dora the Explorer, says it will keep a closer eye on its toy makers.
According to Mattel, all the toys were made by a contract manufacturer in China.
The recall, the second biggest this year involving toys, covers 83 products made from April 19 to July 6. Many of them feature Sesame Street and Nickelodeon characters — including the Elmo Tub Sub, the Dora the Explorer Backpack, and the Giggle Gabber, a toy shaped like Elmo or Cookie Monster that toddlers shake to hear giggles and funny noises.
Mattel says it prevented more than two-thirds of the 967,000 affected toys from reaching consumers by stopping the products in its distribution centers and contacting retailers, like Wal-Mart, Target and Toys ‘R’ Us, late last week. But more than 300,000 of the tainted toys have been bought by consumers in the United States. According to the Consumer Product Safety Commission, the toys may have a date code from 109-7LF to 187-7LF on the product or packaging.
A complete list can be found at nytimes.com, mattel.com or cpsc.gov.
Mattel is hardly the first manufacturer to encounter a breakdown in the Chinese production chain. In recent months, factories in China have been sources of poisonous pet food sold in stores in the United States, dangerous car tires, and lead paint on the popular Thomas & Friends wooden toys.
The Chinese government has said it is working to improve its product regulations, even as members of Congress have called for legislation requiring more inspections of imports from China.
This is Mattel’s 17th recall in 10 years. Most recently, an infant swing made by its Fisher-Price division was taken off the market because of a risk children could be trapped in its moving parts. And in its largest consumer action involving toy safety, in 1998, the company recalled more than 10 million Power Wheels cars.
Speaking of the new recall, Nancy A. Nord, acting Consumer Product Safety Commission chairwoman, said in a statement, “These recalled toys have accessible lead in the paint, and parents should not hesitate in taking them away from children.”
The statement said that the commission had stated an investigation and that “ensuring that Chinese made toys are safe for U.S. consumers is one of my highest priorities and is the subject of vital talks currently in place between C.P.S.C. and the Chinese government.”
Earlier this summer, RC2, the maker of Thomas trains, recalled 1.5 million trains and accessories because a Chinese supplier had coated them in lead paint. At that time, consumer safety experts and toy industry analysts said that Mattel was unlikely to face such a problem.
“There are companies that live up to their obligations to the government as well as to consumers, and they are one of them,” Julie Vallese, a spokeswoman for the Consumer Product Safety Commission, said of Mattel in mid-July.
But Mattel’s safety checks — which include independent audits of facilities and ownership of many of its own factories in China — did not prevent the chain of events that led to today’s recall.
In early July, according to Mattel executives, one of the European retailers that sells Mattel toys discovered the lead on some products. On July 6, Mattel stopped operations at the factory that produced the toys and initiated an investigation.
On July 18, Mattel took a reporter for The New York Times on a tour of a factory in Guanyao, China, and of Mattel’s toy safety lab in Shenzhen. At that time, Mattel executives say, it was unclear whether Mattel was facing a widespread lead paint problem, or if the European case was an anomaly.
Last Thursday, the same day The Times ran an article about Mattel’s toy safety procedures, the company’s executives say they received conclusive data that persuaded them to recall the 83 products. Then, the company contacted retailers who stocked the toys.
“This is a vendor plant with whom we’ve worked for 15 years; this isn’t somebody that just started making toys for us,” Robert A. Eckert, the chief executive of Mattel, said in an interview. “They understand our regulations, they understand our program, and something went wrong. That hurts.”
Mattel requires the factories it contracts with to use paint and other materials provided by certified suppliers. Mattel executives said they did not know if the contract manufacturer substituted paint from a noncertified supplier or if a certified supplier caused the problem.
Mr. Eckert said Mattel was considering various ways to overcome the problem, including reducing the amount of toys it makes through contract factories. About 50 percent of Mattel’s revenue comes from toys made in 11 factories it owns and operates. That is a high share for the toy industry.
But the other half comes from toys that it outsources to up to 50 manufacturers in China. Those toys tend to be short-term products that feature characters from movies and television shows rather than Barbie dolls or other Mattel brands.
In light of the recalls, Nickelodeon — which owns the characters Dora the Explorer and Diego — has decided to introduce a third-party monitor to check up on all of the companies that make toys under its brands, including Mattel.
Sesame Workshop, the nonprofit organization behind the “Sesame Street” program, is considering adding third-party testing, Gary E. Knell, president and chief executive of Sesame Workshop, said in a statement.
This summer, the Toy Industry Association has been working with the Consumer Product Safety Commission on new regulations to require more stringent safety checks. Carter Keithley, president of the association, said the federal government needed to help the industry block China from using lead paint.
“We don’t have lead paint in this country any more, and they shouldn’t either,” Mr. Keithley said of China. “If there was no lead paint, then we wouldn’t have this problem.”
Thomas G. Rawski, an economics professor at the University of Pittsburgh, who has visited factories in China regularly since 1975, though not toy factories, said companies there are trying to check product quality, but more improvements are needed.
“The mechanisms for preventing this stuff don’t leap out of a tree,” Mr. Rawski said. “They have to be built up carefully, and I think it’s very clear this process of building is going on in China right now. That means there are lots of things happening that in an ideal world shouldn’t be happening, including things that wouldn’t happen in Japan or the U.S.”

Who We Are

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Kachina Contractor Solutions specializes in serving the remodeling industry, including contractors, manufacturers and multi-unit retailers. We provide industry-leading knowledge, guidance and legal advice to ensure that you and your company operate within all guidelines and laws, specializing, but not limited to those relating to Lead Paint and other related environmental issues.

Kachina Lead Paint Solutions LLC

We are the training and compliance leader for the remodeling industry. We are fully prepared to ensure that you and your staff are aware of current rules and regulations, as well as impending changes that will shift the burden of lead paint from the homeowner to the contractor. We provide both the materials and the faculty to train you, your installers and/or your entire organization. Our nationally-recognized trainers have taught public and private companies and trained classes ranging in size from a few individuals to 100 people at a time.

Our trainers are recognized as the leaders in the industry, respected by both the EPA and state governments throughout the U.S. Our full credentials are guaranteed to not only impress you, but more importantly, to give you the confidence that you are in the right hands when it comes to full compliance and the safe and proper operating practices.

Kachina Legal Solutions LLC

In affiliation with the remodeling industry's preeminent law firm, Johanson Berenson LLP, we are intimately aware of all laws, rules and regulations pertaining to the industry. As a result, we're available to review your current practices and can provide contracts, forms and other guidance that can potentially save you and your business costly penalties, fines and lawsuits, not to mention heartache and aggravation.

Kachina Compliance Solutions LLC

We provide complete assistance and counseling on marketing and lead generation strategies, including, of course, making compliance with the Pre-Renovation Lead Information Rule (PLIR) and the Toxic Substances Control Act (TSCA) work for you in a professional and profitable manner.