Oklahoma Implements Its Own Lead Paint Law

Oklahoma has become the latest of 13 states that have been authorized to administer their own
lead paint laws in lieu of the federal EPA program. Fortunately, Oklahoma has incorporated all
lead-safe work practices from the EPA program, so no serious concerns for contractors are on the
horizon.
Oklahoma contractors will no longer be subject to EPA certification -- that role will now be taken
over by the Oklahoma Department of Environmental Quality (DEQ). The good news is that if you
are an existing Renovation Firm and/or a Certified Renovator certified by EPA, you do not have to
become certified by DEQ right now. Instead, existing Renovation Firms have until September 22,
2013 to simply register with DEQ by sending a letter stating their name and contact information
and providing a copy of their EPA certification. However, when an existing Renovation Firms’ EPA
certification expires, the firm must renew their certification with DEQ (not EPA).
EPA Certified Renovators can follow this same routine: they can keep their EPA certification for
now, but must take a refresher course approved by DEQ when their certification is up for renewal.

Laconia N.H. Company Fined for Failing to Notify Tenants about Lead Paint Hazards

(Boston, Mass. – July 16, 2013) – The owners and manager of 12 properties in Laconia,
N.H. have agreed to pay a fine of $2,400 and to do environmental improvements valued at
$21,600 to settle EPA claims that they failed to follow federal lead paint disclosure laws at
three properties.
EPA alleged in a complaint that Allen Enterprises Rental Properties, Lakeport Plaza, LLC,
and Open Arms Outreach, Inc. violated the federal Toxic Substance Control Act when they
failed to notify prospective tenants at rental units about potential lead-paint hazards in
housing they owned from 2009 to 2011 in Laconia, as required by then federal lead-based
paint disclosure rule.
According to the agreement with EPA’s New England office, the environmental project
involves replacing old windows, window trim, doors, door jambs and baseboards at a
building at 101-103 Church St. in Laconia, which was built in the early 1900s. The work must
be done within a year. Wipe sampling will be done when the work is completed to ensure
that no lead-based paint dust remains at the work site. This project will eliminate sources of
lead paint in the residential setting thereby protecting children from potential lead poisoning.
Exposure to lead paint is a serious health concern in New England due to the age of the
housing stock. Infants and young children are especially vulnerable to lead paint exposure,
which can cause lowered intelligence, reading and learning disabilities, impaired hearing,
reduced attention span, hyperactivity and behavior problems. Adults with high lead levels
can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory
problems and muscle and joint pain.
The purpose of the Residential Lead-Based Paint Hazard Reduction Act and the Lead-Based
Paint Disclosure Rule is to ensure that prospective tenants have enough information about
lead-based paint in general and known lead-based paint hazards in specific housing to make
an informed decision about whether to lease a particular property.

Groeller Painting Inc of St. Louis to Pay $23,000 Penalty for Failure to Use Lead Safe Work Practices and Notify Homeowners of Lead Risks

(Lenexa, Kan., March 12, 2013) - Groeller Painting Inc, of St. Louis, Mo., has agreed to pay a $23,000 civil penalty to settle allegations that it failed to use proper lead-safe work practices during the renovation of a pre-1978 multifamily unit property, in violation of the Renovation, Repair, and Painting Rule (RRP). The company also failed to notify residents about lead-based paint risks before the company or its subcontractors performed renovation work at their homes.

According to an administrative consent agreement and final order filed by EPA Region 7 in Lenexa, Kan., Groeller or its subcontractors were legally required to use proper lead-safe work practices during the renovation and provide owners and occupants of the properties with an EPA-approved lead hazard information pamphlet, known as the Renovate Right pamphlet, before starting renovations at the properties. The Renovate Right pamphlet helps homeowners and tenants understand the risks of lead-based paint, and how best to minimize these risks to protect themselves and their families.

The RRP rule requires that contractors that work on pre-1978 dwellings and child-occupied facilities are trained and certified to use lead-safe work practices. This ensures that common renovation and repair activities like sanding, cutting and replacing windows minimize the creation and dispersion of dangerous lead dust. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

This enforcement action addresses RRP Rule violations that could result in harm to human health. Lead exposure can cause a range of adverse health effects, from behavioral disorders and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

N.H. Company Faces Penalty for Violating Lead Renovation Rule at Kittery, Maine Site

(Boston, Mass. – Feb. 25, 2013) – New Hampshire Plate Glass Corp., based in Portsmouth, N.H., faces a penalty of up to $90,750 for allegedly violating requirements designed to protect children from exposure to lead-based paint during painting and other renovation activities. The alleged violations occurred during a window renovation project performed by the company at the former Frisbee School in Kittery, Maine. The Kittery site was, at the time of the renovation, a child-occupied facility subject to EPA’s Renovation, Repair and Painting (RRP) Rule.   The violations were brought to EPA’s attention via an anonymous tip, after which EPA and Maine Dept. of Environmental Protection performed an inspection of the site in February 2012. Based on the inspection, EPA determined that the company had not complied with the required work practice requirements of the RRP Rule, including failure to assign a certified renovator to the work site; failure to cover ground with plastic sheeting; and failure to contain waste from the renovation activity.   EPA’s RRP Rule is designed to prevent exposure to lead-based paint and/or lead-based paint hazards. The rule requires individuals performing renovations for compensation at most pre-1978 housing and child-occupied facilities to be properly trained. There are certification and training requirements for individual renovators and firms performing renovations to ensure that safe work practices are followed during renovations. The rule became effective on April 22, 2010 and allows for the assessment of penalties that may reach up to a maximum of $37,500 per violation per day.   Infants and young children are especially vulnerable to lead paint exposure, which can cause developmental impairment, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity and behavioral problems. Adults with high lead levels can suffer difficulties during pregnancy, high blood pressure, nerve disorders, memory problems and muscle and joint pain.   Visit Kachina Lead Paint Solutions for more information about lead paint solutions, safety training, and more.

EPA Fines Violators of the Lead Renovation, Repair and Painting Rule

Click here for more information!

WASHINGTON – The U.S. Environmental Protection Agency (EPA) announced three enforcement actions for violations of the Lead Renovation, Repair and Painting Rule (RRP) and other lead rules. The RRP rule requires the use of lead-safe work practices to ensure that common renovation activities like sanding, cutting and demolition, which can create hazardous lead dust, are conducted properly by trained and certified contractors or individuals. EPA finalized the RRP rule in 2008 and the rule took effect on April 22, 2010.

“Exposure to lead can cause serious health problems and affects our most vulnerable population, our children,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By taking action to enforce lead rules we are protecting people’s health and ensuring that businesses that follow the rules have a level playing field.”

On March 21, 2012, Colin Wentworth, a rental property owner who was responsible for building operation and maintenance, agreed to pay $10,000 to resolve violations of the RRP rule. The complaint alleged that Mr. Wentworth’s workers violated the rule by improperly using power equipment to remove paint from the exterior surface of an 1850’s apartment building he owns in Rockland, Maine. The complaint also alleged that the workers had not received any training under the rule and that Mr. Wentworth had failed to apply for firm certification with the EPA. Because the lead dust had not been properly contained, residents were potentially exposed and the dust could have also contaminated the ground surrounding the apartment building. Two of the four units in the building were rented to recipients of U.S. Department of Housing and Urban Development Section 8 vouchers and there were at least four children under the age of 18, including one under the age of six, living in the units. The Maine Department of Environmental Protection and the Occupational Safety and Health Administration (OSHA) also responded to the alleged violations.

On March 20, 2012, Valiant Home Remodelers, a New Jersey window and siding company, agreed to pay $1,500 to resolve violations from failing to follow the RRP rule during a window and siding replacement project at a home in Edison, N.J. Valiant Home Remodelers failed to contain renovation dust, contain waste, and train workers on lead-safe work practices.

On February 21, 2012, Johnson Sash and Door, a home repair company located in Omaha, Neb., agreed to pay a $5,558 penalty for failing to provide the owners or occupants of housing built prior to 1978 with an EPA-approved lead hazard information pamphlet or to obtain a written acknowledgment prior to commencement of renovation activities at five homes. The complaint also alleged that Johnson failed to obtain initial certification prior to performing renovations at these residences.

As required by the law, a company or individual’s ability to pay a penalty is evaluated and penalties are adjusted accordingly.

These recent actions are part of EPA’s effort to ensure that contractors and individuals follow the RRP requirements and other lead rules to protect people’s health from exposure to lead. Lead exposure can cause a range of health effects, from behavioral problems and learning disabilities to seizures and death, putting young children at the greatest risk because their nervous systems are still developing.

EPA Increases Lead Paint Rule Enforcement

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

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.”

Click here to learn more!

Lead Case Targets Disney Attractions

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

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!

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

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

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.

Click here to learn more!

Lead Paint Laws: Protect Your Remodeling Business

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

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!

Hanson’s and EPA Settle Dispute

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

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

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!

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

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

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!