Stephen J. Klein President

The Toxic Substances Control Act (TSCA) Lead Paint Law

The April 22, 2010 deadline was real. Follow the law. Enforcement is happening!

College Works Painting Seattle, WA $32,508 in FINES

Window World of St. Louis $19,529 + $20,048 (73 windows at 3 group homes)

But youre thinking, Im a landlord; not a contractor!

Evansville, IN Landlord failed to fix lead paint hazards after child found with elevated blood lead levels. Remediate or demolish house Pay $13K in attorneys fees

Worcester, MASS Landlord: Criminally Indicted for Claiming Property was in Compliance (Forging Forms & Certificates)

Give to the residents of any pre-1978 home or apartment prior to beginning work.

Get signed acknowledgement & save for 6 years

NON-COMPLIANCE? Criminal fines & imprisonment for up to one year/violation Civil Penalties Up to $37,500 per violation / per day Overseen by EPA & State Agencies

Pamphlet & Test for Lead Paint or… Pamphlet but Dont Test – Assume Lead Paint & Use Lead Safe Work Practices (LSWP) to contain & control the spread of dust & debris

WHAT KIND OF WORK? Removal of painted surfaces or painted components Renovation = Any work that disturbs a painted surface Surface preparation on painted surfaces Sanding and scraping Other activities that may generate paint dust

WHAT KIND OF WORK? Removal of large structures that may have paint on them Walls and ceilings Large surface re-plastering Major re-plumbing Weatherization projects Cutting holes in painted surfaces to blow-in insulation or gain access to attics

WHAT KIND OF WORK? Window replacement Window repair (if painted) Windows are a hot button & do not qualify under any exemptions

EXEMPTIONS Newer construction (1978 or newer) Date must be from a recognized source Lead-free certified job sites Test shows no lead paint or other surface coatings that contain lead Not in excess of 1.0 mg / sq. cm (or 0.5% by weight)

EXEMPTIONS Not removing or disturbing a painted surface Bath liner going over the old New siding over the old A gutter system Removing any part of an old component or disturbing a painted surface triggers the law!

Pay $300 to EPA (5 Years) Attest that it will assign a Certified Renovator Use only certified or properly trained workers Follow LSWP Adhere to all recordkeeping requirements COMPANY NEEDS TO BE EPA- CERTIFIED (and/or by state/s)

Company Certification EPA Application Takes Time Kachina has Shortcut Keep copy of Application & Cancelled Check Send Certified Mail/Return Receipt Requested Encourage your sub-contractors to certify their companies

Complete 8 hour course (includes 2 hours hands-on training) by an EPA-Certified Training Provider Average cost $250 Accredited refresher course every 5 years BECOMING A CERTIFIED RENOVATOR

Certified Renovators Bench strength is important Only CR can test for lead paint CR must be present at start of job to ensure proper setup CR must return to the job site at the end to ensure proper cleanup Encourage sub-contractors to become Certified Renovators

Supervised or directed by the Certified Renovator Must have received relevant OJT in LSWP from a Certified Renovator INSTALLERS ON JOB

On-the-Job Training Again…bench strength is key Document Training – Who, What, Where & When Consider offering a Certificate of Completion

TIGHT PAPER TRAIL CYYKW

Safety Equipment & Supplies Lead Test Kits Workers Protection Plastic Sheeting & Tape Cones & Caution Tape Warning Signs HEPA VAC Swiffer Cloths Trash Bags

Keep a tight paper trail in case of Audit What to do if contacted by EPA or State Be Pleasant Ask for the specifics of their request in writing Contact an Attorney (specialist)

Be Proactive…Make Lemonade!

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