KBB Collective | The Designers' Corner

Jul 16 2010

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A letter to my contractors and homeowners

Lead Law Compliance Notification
Following my last post on the EPA RRP Lead Law, I wanted to share this letter I’m sending to my subs and customers to get them ready for this shock. I welcome any comments, suggestions and stories about your own experience with this law and the COURSE:

July 16, 2010
Re: EPA RRP Lead safe practices law

ALERT to all contractors and homeowners we serve.

I hate to sound like “Chicken Little” here, but if I sound like chicken little to you, it’s because you don’t know anything at all about the new EPA RRP Lead Law. That means you haven’t taken the course, been certified individually, or registered your firm with EPA. That also means that you know nothing about how, (in any building built before January 1, 1978) you need to dress, work, or keep records on site and off, or that the fines and imprisonment for violations can finish your career, never mind the law suits that will be brought against you when the EPA, OSHA and the Highway Dept. are finished with you.

As of 4/22/2010, that was April 22nd 2010, now long past, the EPA laws regulating the construction practices needed to work “Lead Safe” went into effect. Even if you are not trained or registered you are responsible for following ALL protocols and record keeping.

As a contractor or subcontractor, you/we are in serious trouble when you/we get caught! This will cost you serious money to comply with. A possible $37,500/day per violation. You can’t be insured against the losses. You will have to pass the costs on to the building owner/customer when you bid/estimate, and then comply without mistake during construction.

As a homeowner or building owner of a pre-1978 building, you need to know that any contractor who doesn’t follow all protocols could/will be shut down, possibly during your project. Then you may/will need to find another contractor willing to take on someone else’s mess and take responsibility for any poisoning that may have happened before he got there. Not likely you’ll find such a foolish child. You should also know that these protocols will cost a lot of money in slower production, weather delays and extra suits and polyethylene and materials and extra dumpsters. There is also no telling how long your home will be torn up and unusable during condemnation for violations. You can do projects in your own home yourself, but no contractor will be willing to take over and finish it for you as they will have no way of knowing who or what you poisoned while working un-certified, and knowing as a certified contractor they will be held responsible for whatever you did. I would also consider heading for the nearest Residence Inn for the duration of a project. I can’t see how you can live in a home while 80% of it will be completely off limits to you. You are not permitted to enter any “HOT” containment areas during the project, and until it is finished and certified “CLEAN” by a certified contractor, by law, You can’t even enter if you’re suited up. Hot areas will be ANYWHERE a worker needs to go. These will include bathrooms, halls, stairs, the basement and the attic and garage, foyers and outside walkways.

At Mark Brady Kitchens, inc, we will comply with this law and expect all of our subcontractors and suppliers and all workers to be trained, registered and in full compliance on all pre-1978 houses and buildings. Anyone not in compliance will be refused access to the site and the subcontractor will be back-charged a $500.00 fee per violation per day for disruption and exposure. We also expect our customers’ full cooperation in this compliance.


Mark H Brady, President, Mark Brady Kitchens, inc

This entry was posted on Friday, July 16th, 2010 at 6:00 AM and is filed under Business, Green. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.


  1.  Pat Gaylor |

    Mark, I’ve been reading the EPA booklet on compliance for lead paint abatement. I’ve copied in a couple of sentences from page 5, which is below: If the contractor creates a statement for the homeowner to sign that states the following, are we ‘off the hook’ for doing the abatement? I welcome your comments, this is FREAKING ME OUT !!
    Here’s what the booklet states on page 5:
    The training, certification, and work practice requirements do not apply where the firm obtained a signed statement from the owner that all of the following are met:

    The renovation will occur in the owner’s residence;

    No child under age 6 resides there;

    No woman who is pregnant resides there;

    The housing is not a child-occupied facility; and

    The owner acknowledges that the renovation firm will not be required to use the work practices
    contained in the rule.

  2.  markbrady |

    The words you quoted there were the opt out clause which has been eliminated by the EPA as of July.