26 April 2010

Citing Costs, Contractors Fight New Lead Paint Rules

Milwaukee-Wisconsin Journal Sentinel

 
Green will mean something a little different this Earth Day - at least for contractors required to follow stricter practices for controlling lead paint when doing even minor projects in homes built before 1978, under a new rule that takes effect on April 22.

Trades groups around the country have sought to block the scheduled implementation of the Environmental Protection Agency rule, arguing it will increase the price of renovations by thousands of dollars and cost them work. They predict homeowners will either forgo renovation projects because of the higher costs or find workers willing to ignore the rules and risk fines.

To date, the EPA has maintained the rule will go into effect on Thursday.

If that holds, homeowners should be prepared to pay more for window replacements, kitchen remodeling, siding jobs and small plumbing and electrical projects - any work where lead paint would be disturbed. Owners of apartment buildings also will pay more for similar work, and property managers will need to comply with the new requirements.

"Nobody is very happy for a more restrictive policy, and I don't like to have to charge my customers more," said Kevin Anundson, owner of the OAR Group in Elm Grove. "It could make or break a project. It shouldn't, but it could. We have to conform.

"We have to follow the policy," he said.

Anundson serves as first vice president of the National Association of the Remodeling Industry, Milwaukee Chapter, which has been working to help its members comply with the new lead-safe standard.

The rule applies only to buildings that pre-date 1978, when lead paint was banned for residential use. One estimate puts the number of buildings covered by the new rule in Wisconsin at 756,000, including day-care centers and schools.
 
Bathroom renovation work, particularly the demolition portion in those older buildings, disturbs old paint and releases dust containing lead. The toxin poisons roughly 1 million children per year across the country, and the rule is intended to reduce the exposure to poisonous dust.

All interior projects that disturb an area of six square feet or greater fall under the rule. The threshold for outdoor projects is 20 square feet. Any window replacement is covered by the clean work site requirements.

The new standard does not apply to homeowners doing their own work.

In Wisconsin, the Department of Health Services implemented its own version of the federal rule and has been overwhelmed by contractors seeking to meet the new training and certification standards by the looming deadline.

That rush, however, follows two decades of legislative and regulatory work to eliminate lead paint poisoning in children. Congress authorized the EPA to draft the rule 20 years ago, and the EPA published the order in 2008.

The new standard requires:

•  At least one worker on a project must be certified as a "lead safe renovator." Certification requires a one-day training course, typically costing $250, and a $50 fee paid to the state every two years.

•  Businesses performing home repairs and renovations also need to be certified. In Wisconsin, the certification costs $75 and is good for five years.

•  On-site, workers will be required to upgrade their practices to protect against the spread of lead dust. They will have to post warning signs, use respirators, goggles and disposable plastic drop cloths, and clean the area with HEPA vacuums and wet washing. The area must be checked with special cloths to ensure the lead dust left behind is below the threshold set in the rule. Power tools also will need to be outfitted with special shrouds.

The vacuums with high-efficiency particulate air filters cost roughly $500 each.

The EPA has calculated the stricter practices, which include additional record-keeping, will add an average of $35 to the cost of a renovation project, and has set the range at $8 to $167.

Some home remodeling contractors scoff at those figures. Others merely question them.

"Now the requirement is to leave the area in a dust-free environment on a daily basis," said David Pekel, owner of Pekel Construction and Remodeling. "To that end, putting a price tag on the financial implication per job is going to be hard to get our hands around initially."

John Brannon, owner of Exact Exterior and Interior Remodeling, in Greendale, has a more abrasive view of the new standard.

"You took an industry that was down because of the economy, and now let's make it even tougher yet," he said. "These had to be the dumbest people collectively on God's green earth that put this rule together."

Brannon called the rule a huge tax increase on homeowners, and estimated the need for extra equipment, cloths, masks and barriers would add $1,000 to $1,500 to a bathroom or kitchen remodeling.

Counter to what Brannon suggests, however, the rule does have a purpose.

Lead poisons 1 million children per year across the country, according to the EPA. Household dust containing lead from old paint is believed to be the most common source of the poison. Children easily ingest the dust when putting their hands and fingers in their mouths.

The heavy metal is particularly harmful to children under 6, decreasing intelligence and hindering the ability to learn. Research has found that the poison also impairs academic performance and contributes to increased rates of juvenile delinquency.

In the early '90s, Congress passed the National Toxic Substances Control Act - the legislative basis for the new rule - with the intent of eliminating lead poisoning by 2010.

The number of children age 6 and under found to be poisoned by lead in Milwaukee has decreased from 3,456 in 1997 to 815 in 2008, according to the City of Milwaukee Health Department.

That reduction, however, is not a cause to claim victory, said Paul Biedrzycki, director of disease control and environmental health with the city department.

"Now, it's time to fine-tune and refine our strategy," he said. "There's still a lot of lead paint in Milwaukee, particularly because of the older housing stock - primarily lower-income and rental housing.

"I think this standard will improve our ability to further reduce lead levels in children."

The effort has been hampered somewhat by a shortage of training opportunities, and the slow response by the contractors and businesses required to follow the new rule.

In Wisconsin, roughly 20,000 to 30,000 individuals - plumbers, painters, carpenters and others - are estimated to require the training and certification, according to Shelley Bruce, manager of the safe-lead program in the state Department of Health Services.

Through Friday, 1,024 certifications had been issued. Another 2,000 applications are being processed, she said.

There are six certified training providers for Wisconsin workers, and the classes have been filled to capacity for the last several months. Across the country, a lack of accredited courses has been a problem for contractors looking to comply with the new rule.

Bruce estimated compliance of only 8% to 10% in the first year in Wisconsin. She expects that to increase to 50% in five years and 70% by 2020.

Violations carry penalties up to $1,000, but Bruce said the initial enforcement would focus on helping contractors meet the new rules. Fines wouldn't be levied unless the violators continued to ignore the rule, she said.

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