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.

The Nuts and Bolts of Being Your Own General Contractor

The Denver Post

One couple who hired Conley Construction Co. a few years ago to remodel their Colorado home simply gave contractor Tim Conley the keys.

"We're going to Cabo," they said to Conley. "Call us when you're finished."

Sybille Hechtel, on the other hand, has remodeled or built seven homes, including her current house in South Boulder and an Earthship in Silverthorne. She learned from each remodel, did a lot of the work herself and contracted out the rest.

These are the extremes of how homeowners go about remodeling. On one end is the hands-on "Hechtel style." On the other end is the couple who wanted only the finished product.

In this economy, home remodeling projects are no longer an all-or-nothing choice between full involvement and a laissez- faire approach. Some homeowners act as their own general contractors but don't actually do any work; others hire a general contractor but remain involved in the process. These days general contractors, whose job it is to organize and oversee an entire project, including the work of subcontractors in specialty trades, tend to be flexible.

Of course, the more that homeowners are willing and able to do, the greater their savings. Even without lifting a nail gun or paintbrush, homeowners who hire their own subcontractors save roughly 15 to 20 percent over those who enlist a general contractor, according to construction-industry sources.

But it's a trade-off, and the more the homeowner takes on, the more time and knowledge are required. Acting as one's own general contractor can be daunting.

It can sometimes also be false economy, cautions Roger Reinhardt, executive vice president of the Home Builders Association of Metropolitan Denver. "There are things that can offset savings," he says. For instance, "homeowners who finance their remodels must carry the cost of a loan during construction."

Because of ongoing relationships with subcontractors, general contractors can set and keep to tighter schedules than most people. And if a "free-wheeling subcontractor walks off the job," Reinhardt notes, general contractors have others they can call in to finish.

Another upside to using a general contractor: They assume a level of risk. They will carry adequate insurance and also warranty that the work has been done correctly and stands the test of time.

Robert Palecki owns Home Remodel & Design in Littleton. He points out that it's his job to keep up with code changes, especially involving popular kitchen makeovers with behind-the-walls plumbing and electrical systems.

He is licensed in 17 jurisdictions and says every one is different. "There's a thick book of federal requirements, and every city or county has its own code book that is frequently amended and updated," Palecki says.

The 40-year industry veteran describes one common scenario that can be frustrating for homeowners: A home inspector will show up, without warning, say the code has changed and for that reason, so must the remodeling plans.

Experts say homeowners tend to enjoy the fun stuff — picking out cabinets, appliances, plumbing fixtures, tile, flooring and paint. But most don't enjoy researching building codes, deciphering blueprints or haggling with inspectors or subcontractors. A general contractor takes those challenges out of the homeowners' hands.

Randy and Carol Philp knew they wanted to be heavily involved in building their Coal Creek Canyon home when they met Bob Hinz and Mary Knowles of HomeWrights at the Colorado Garden and Home Show. The contractor-client relationship worked out so well that they've become friends — and that's rare.

"HomeWrights screens the contractors, so we didn't worry about being taken. We got two or three bids for everything and picked the ones we preferred. We were in control of the process but didn't worry about getting taken," Randy Philp says.

Mike Ebeling of Lyons, now a literary agent, was a contractor for five years. "A general contractor has relations with the subs," he says. "They'll get people to the door faster when something has to be done."

Tom Conley, whose company can handle everything or just act as a consultant, lets clients have all the input they want. "I encourage them to be involved," he says. "A lot of people have a friend who's an electrician (or other tradesman). I'll pull the permits, and if my customers want, they can do everything themselves."

But he's also available to troubleshoot and pick up the pieces when a do-it-yourself job goes wrong.

Tammy Leakas is a Boulder County architect and planner. She sees advantages and disadvantages to hiring a general contractor.

On the one hand, "People don't always get what they want. Contractors often try to change a design to what's easy, quick and cheap."

She adds that to be one's own contractor, the homeowner needs to be a good scheduler, a good coordinator, a good time manager and "strong enough to insist on getting your own way" without unreasonable add-ons on the back end.

Strident do-it-yourselfer Sybille Hechtel has learned to wear all of those hats, citing earning a Ph.D. as good preparation. "I learned how to make a list of everything that needed to be done and then stick to it," she says.

Her friends know her to be unusually diligent, organized, meticulous and disciplined.

For homeowners who are looking at nothing except price (because doing a remodel without a general contractor is likely to be cheaper) Palecki of Home Remodel & Design likes this slogan: "The bitterness of poor quality remains long after the sweetness of a low price is forgotten."

And that, at the end of the day, is an important consideration for homeowners embarking on a remodel.

Getting Started

Make a list of what needs to be renovated and which optional improvements you want.

Set a budget but plan for the unexpected. The older the home, the more surprises you might find.

Set a timetable but be prepared to be flexible — just in case.

Consult with an architect or designer for ideas or total plans.

Consider how your furniture, artwork and entertainment system will fit into the renovated or added rooms.

Be realistic about your limitations and knowledge. Adding an extension or an entire story, or gutting and remodeling a kitchen from the floor joists up, is a complex project that might be best handled by a general contractor, while changing paint colors, replacing flooring, installing new countertops, adding wood trim or other cosmetic upgrades can be handled by almost anyone.

Consider the adage: "Remodel where the water is." If your main objective is to increase your home's value, conventional wisdom is that kitchen and bathroom remodeling bring the greatest return on investment. But they are also the most disruptive to everyday life.

Go to the Home Builders Association of Denver website (hbadenver.com) and click on "Consumer Resources" for basic information and also a list of member builders and remodelers.

Being the Contractor

Know what's involved. The Renovation 101 website (renovation101.com/Be-your-Contractor2.htm) has a checklist of issues to consider.

Keep extensive records of every component of the project from bids to bills.

Be conscientious about checking out subcontractors with your local Better Business Bureau.

Make sure that every subcontractor is properly insured, including carrying liability and workman's compensation insurance.

Be prepared to eat, sleep and breathe your remodeling project 24/7. A major makeover is that time-consuming, and more complicated than you might imagine.

Hiring a Contractor

Seek recommendations but again, be conscientious about checking them out with your local Better Business Bureau.

Refer to the Home Builders Association of Denver website (hbadenver.com, Consumer Resources, list of members). Members of the Remodelers Council must be vetted, and builders must be sponsored by other builders. Both must adhere to the association's code of ethics.

Ask about a contractor's familiarity with green building. This is important in terms of available products, tax credits and the long-term savings of using green materials, appliances and fixtures.

Obtain and compare several bids. Examine the contract carefully before signing, and even run it past an attorney if you are unsure of the builder's legal obligations — and yours as well.

Agree on a work and payment schedule.