By Jake Palmateer
Staff Writer
New federal lead paint removal regulations that go into effect next month could be catching some local contractors and landlords by surprise.
And violations of the regulations carry fines of up to $32,500 per day.
The Environmental Protection Agency's Renovation, Repair and Painting Rule will take effect April 22 _ which is also Earth Day.
Contractors who work on homes, schools and day-care centers built before 1978 and who perform work that disturbs painted surfaces will need to get EPA certified for lead paint removal by that date or face fines.
"A lot of contractors still don't know about it," said Sean Dwight of Christian Brothers Construction in Oneonta on Sunday.
Dwight said he and most of his employees, who have previous lead paint training, will be doing a mandated 4-hour training session April 9 and his company will complete paperwork to be EPA certified. One employee who does not have a record of previous lead paint training will take a mandated 8-hour training session once one becomes available, he said.
People performing work on their own homes are exempt from the rule, according to an EPA spokesman Dale Kemery.
But landlords and property managers performing work on apartment and rental homes built before 1978 would have to get the same training required for contractors, he said.
Day-care centers, schools and other child-occupied facilities built before 1978 are also covered under the regulations.
Projects less then 6 square feet inside a building and 20 square feet outside a building are exempt.
Katherine Bashaw, a concerned citizen with a background in renovations, said she is concerned that not enough people know about the new regulations, which also include requirements that work be performed to set standards and with specific equipment.
There are also record-keeping and information-distributing requirements.
Bashaw said that in a community such as Oneonta, the new rule could be a big deal.
Nearly all of the homes in the city were built before 1978, when lead was banned in residential paint.
More than 65 percent of the city's homes were built before 1939, according to the city's comprehensive plan, adopted in 2007.
The plan also indicates that 57.2 percent of the housing in the city is rental property.
The town, with several housing developments built in recent years, has a slightly newer housing stock, Bashaw said.
But finding an EPA certified contractor may be difficult when the regulations take effect, Bashaw said.
"Very few people are certified to do this work," Bashaw said Sunday.
A search of an EPA database of certified contractors Sunday showed just one firm _ The Powell Company _ in Otsego County. Newbauer Construction and Madison Vinyl, both of Bainbridge, were the next closest certified firms.
"This law didn't just happen," Bashaw said.
The EPA's rule was issued under the authority of the Toxic Substances Control Act, which was passed by Congress in 2008.
Bashaw speculated smaller contractors, especially one-person companies, may have been less likely to read trade journals or attend industry seminars because they were too busy making a living.
It may be difficult for contractors, landlords or property maintenance workers to get certified by April 22.
Bashaw said training sessions are booked as far in advance as August and are not being held locally.
"This is really bad for small companies," Bashaw said.
Dwight said the class he and his employees are taking April 9 in Stamford is filled.
"The classes are very limited between now and April 22," Dwight said.
Although the training sessions have varied in cost, the 4-hour course is around $60 and the 8-hour is as much as $195, Dwight said.
The certification for a firm that has more than one employee is $300 and does not involve a course, Dwight said.
Although the regulations require only that one worker at the job site be trained, Dwight said he wants all his employees trained so he doesn't have to deal with any work stoppages if someone leaves a job site.
David Cornell of Lenroc Builders in Mount Vision said the regulations will add costs for contractors and property owners alike.
"It's going to cost more money all the way around," he said Sunday. "It makes things tougher on the smaller guys. It opens up a big can of worms."
Cornell, who only learned of the regulations two weeks ago, said he will try get into a class as soon as he can.
Dwight said it is important for all contractors to know about the hazards of lead paint, whether they are certified or not.
"It affects young children's brains. It can cause learning disabilities," he said.
A handbook on the regulations can be found at http://www.epa.gov/lead/pubs/sbcomplianceguide.pdf.
