The agency has up to 90 days to approve a company certification and applying today makes it less likely that the form will be delayed by the bottleneck that is expected as remodelers scramble to meet the deadline.

Remodeling firms that have already submitted their applications report that the EPA is taking as long as two months to approve them, said NAHB environmental policy analyst Matt Watkins. “Remodeling firms should start applying for firm certification ASAP, even if no one in the firm has completed the required training yet,” he said.

The new law will require contractors working on projects that disturb lead-based paint in homes, child care facilities and schools built before 1978 to be certified and follow specific work practices to prevent lead contamination. The individual certification is based on eight hours of classroom and hands-on instruction — and is separate from the company certification, which requires a completed application and a fee of $300.

NAHB continues to meet with EPA officials to resolve ongoing concerns about the new rule, which ultimately may cause certified remodelers to lose business to less-expensive — and less responsible — uncertified remodelers who don’t use safe work practices. Worse yet, potential contracted jobs may become do-it-yourself projects, which, if done in homes where lead paint is present, could present a health threat to young children in the home.

Among the concerns:

• Despite the looming deadline, the EPA has not started any outreach, promotion or advertising to let the public know about the new rule. The agency has indicated that it will release a preliminary marketing campaign plan by the end of February.
  
  
• The agency is falling behind on approving training programs so that contractors can complete the individual certification requirements. It has estimated that about 200,000 remodelers, painters, electricians, HVAC technicians and others working in the targeted homes and buildings need to be certified by April 22 but only about 120 training companies have been approved so far — leaving the vast majority of the industry uncertified as the compliance date nears.
  
  
• Even as it struggles to fulfill the requirements under the existing rule, the EPA has released a revised rule, which it also expects to put in place before the deadline. The rule expands the number of homes that fall under its purview by eliminating the “opt-out” provision for home owners who don’t have children under the age of six or who meet other requirements.

“This is a rule that the EPA itself is making almost impossible to comply with,” Watkins said. “Our members want to do this work professionally, legally and most important, they want to do it safely. Given that the agency has not responded to our legitimate concerns, I’m not sure how they’re going to get there.”

For more information, e-mail Calli Schmidt at NAHB, or call her at 800-368-5242 x8132. [return to top]