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Are You Ready for Lead?Christina
Lewellen Because we didn't have enough to keep us on our toes next year, the window and door industry has yet another challenge on its hands. A challenge, I'm expecting, that may catch more than a few companies off guard. I'm talking about the lead paint handling rules slated to go into effect in April 2010 that would apply to all companies doing replacement projects in homes built before 1978. We report on the pending requirements this week, and while there's still a few details to be ironed out, there's little doubt that these new requirements will impact a significant chunk of the industry—and could add a significant chunk to homeowners' window and door replacement costs. Survey Results for 12/16/2009:
More than 60 percent of survey participants fessed up to not knowing about pending regulations as they pertain to handling lead-based paint. Don't feel bad—to some extent, these rules are catching most of the industry off guard. Several companies' officials wrote to say they're on top of the rules and have already instituted training to make sure field reps know how to comply. I guess that would be the 17 percent indicating that they're ready if the rules do indeed go into effect in April 2010, as scheduled. Still, a far greater number of emails I could safely classify in the "huh?" category. Many wrote to me for additional information, and some grumbled about how this is yet another example of how companies that play by the books are struggling to keep up with the fly-by-night contractors who take their chances that they won't get caught willfully ignoring the rules. "We are a company that solely performs installation of door and window products for installing retailers," writes Bob Demers, owner of The Installation Advantage. "Trying to be prepared for the upcoming EPA guidelines we have already sent several people to training classes for certification. Surprisingly, the training staff themselves are a little unclear about some details of the new regulations and are still receiving updates themselves. As far as the installing retailers we contract with, few of them know about the upcoming program and fellow contractors don't have any knowledge of the upcoming changes." Another dealer from South Carolina writes: "We are constantly battling guys that don’t pull permits, have correct DP ratings,etc. Now this adds another layer of expense to the guys following the rules. If you get caught without a permit, it’s just double the normal permit fee. Not much incentive to play by the rules. Instead it gives the guys without the permits more incentive to NOT pull the permit." We'll continue to follow this issue in Window & Door. Don't hesitate to touch base if you'd like to weigh in on how the lead paint handling rules are going to affect your business.
New EPA Lead Rules to Impact Replacement IndustryTraining and certification on lead-safe practices will be required for work on pre-1978 homes Katy Devlin In April 2010, new Environmental Protection Agency rules go into effect requiring that contractors "take the proper precautions to work lead-safe, including minimizing the dust, containing the work area, and conducting a thorough cleanup to reduce the potential exposure associated with disturbing lead-based paint." The rules will affect companies doing window and door replacements, and failure to follow the practices could result in hefty fines. Many replacement window dealers are still unaware of the new requirements, industry executives report. And many who are aware of the requirements are concerned about the costs involved and the potential impact on their businesses. THE
REQUIREMENTS
The second phase, more stringent phase, goes into effect in April 2010, and mandates that contractors completing work on these pre-1978 properties be certified and follow specific work practices to prevent lead contamination, according to the EPA. There is still a question mark, however, concerning the extent of the requirements. When the lead-safe rules were issued in 2008, they applied to "contractors working in pre-1978 housing where children under six or pregnant women reside." In October 2009, EPA issued a rule "proposal" to expand such requirements to cover nearly all homes built before 1978. At this point, EPA says it will issue a decision on the proposal by April 2010, when the new rules go in effect. Under the new lead-safe rules, contractors should take a lead-safe work practices training, and then be certified. On the job site, contractors should take several steps, including: provide a copy of EPA training certificate to the customer, tell the customer about the lead-safe methods, ask the customer for any previous lead test results, and keep records that show employee training in lead-safe practices, and the use of the practices on the job, according to the EPA. Contractors must apply for certification through the EPA. Click here for the application. INDUSTRY CONCERNS Jim Lett, owner, A.B.E. Doors & Windows, a dealer based in Allentown, Pa., agrees. “Currently, we’re supposed to be handing out booklets with every job for a home built before 1978. Very few people are aware of the responsibility,” he says. Lett, who attended the day-long lead-safe training and plans to send his employees to do the same, says the rules will add at least several hundreds of dollars to a job, because of increased time and materials needed to complete the lead-safe practices. “A contractor will need to send someone ahead of time to prep, move everything out the area, put the plastic down. We’ll have to put cones up, tape around the outside.” EPA is also considering requiring third-party inspections, which would add $500 to $700 to verify that the space was cleaned correctly, Lett adds. “Lead paint has health issues for people. We don’t want the EPA to back off on the legislation, but we do want to make sure that the legislation is realistic,” Zimmerman says. “These procedures could add a lot of cost and make some projects cost prohibitive for homeowners.” The increased costs will not go over easily with homeowners, says Tom Higgins, owner, Superior Products Siding, Littleton, Colo. “This recession is a hardship on all families,” he says. “I’ve never had a time where consumers are trying to find more reasons to not pay me on the back end of a job.” Lett says small jobs will likely be the most affected. “On a small job, just one or two windows, the cost is just $500 installed," he says."Homeowners aren’t going to want to add several hundred more dollars to that. That is what’s really burdensome, and I don’t think the EPA realizes, and I don’t think most contractors are aware that this burden is being placed on us.” Lett expects many homeowners to either forgo the project or find a contractor willing to take a chance and not follow the regulations. “That’s a concern, that this is going to really affect the legitimate businessman,” he says. Higgins agrees. “There is no doubt in my mind that some contractors will ignore the [new rules]. It’s already going on—people turn their back on asbestos,” he says. On the other hand, he foresees some business owners will be tempted to avoid projects pre-1978 projects. “Closing contracts could be very difficult. I’m sure some businesses will work with homes only above 1978.” Zimmerman agrees, and says the new laws may provide an opportunity. “There will be companies that say, ‘I don’t want to go through expense, I don’t want to make all installers certified.’ They will avoid homes that are pre 1978,” he says. “However, if you do go through the motions and get trained, you can have a niche there with decreased competition. It will be a good differentiator from the truck and ladder guy who hasn’t kept up with regulations.”
Katy Devlin is associate editor for Glass Magazine and contributing writer for Window & Door magazine Enter content here Enter content here Enter content here |
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