Wednesday, May 5, 2010

Changes in Lead Paint Rule,New-Weatherization Bill, Repost

􀃃 Changes in Lead Paint Rule

􀃃 New-Weatherization Bill

Home Improvement Insider





Amendment to the Opt-out and Recordkeeping

Provisions in the Renovation,

Repair & Painting Program.

Final Rule Signed, April 22, 2010

Scheduled for publication – Federal

Register. Issues of concern (does not

reflect all changes)

Overview provided by D.S. Berenson,

Attorney at Law.

Drop-Dead Date for Opt-Out Elimination:

Waiver will be eliminated 60

days after the final rule is published in

the Federal Register.

• Caution - any jobs in progress

on the date the waiver officially

ceases will no longer

be covered by the waiver.

Required Proof of Completed

LSWP: The EPA has expanded the

disclosures required to be provided to

customers. Once this final rule goes

effective, a contractor must provide to

the customer proof that lead safe work

practices were performed correctly,

and that EPA required certifications

were in effect during the job.

• Customers must receive this

evidence within 30 days after

the renovation is completed, or

when the final invoice for payment

is delivered (whichever

date comes first).

• This could be a potential trap

for contractors who accept or

require final payment before

completing the installation.

• The owner and (if different) an

adult occupant of the property

are to receive this proof of lead

safe work practices.

Contractors working on common

areas of multi-unit housing (such as

in apartment buildings): Occupants

need to be given notification or instructions

on how they can obtain

proof of the contractor’s compliance

as well, and without charge.

Caution: Contractors may choose to

use the EPA’s sample lead safe checklist

for this purpose. Check with your

counsel; does that form truly provide

all legal and operational protections

you may need?

Extended Re-Certification Deadlines:

For contractors that were

trained before April 22, 2010, the fiveyear

term of their Certified Renovator

license has been extended out to July

1, 2015. Such individuals won’t be

penalized by having to renew before

they have realized a full five-year useful

life on their license.

Weatherization Bills

Home Star bill in the House, HR

5019. Passed by the House Energy &

Commerce committee — 30-17.

President urges the fast passage of the

bill. *** In the Senate, Home Star

bill (S 3177) referred to the Finance

Committee. Both the full House and

Senate still need to consider their respective

Home Star bills.

* * *
Dave Yoho Associates provides, via e-mail and without charge, periodic industry information to its customers, associates, friends and business partners. This information is

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Receive a complete analysis and opinion

rendered by Attny D.S. Berenson

white paper dated 4/26/2010 –

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