What’s New with LEAD PAINT in New Hampshire?
The deadline for obtaining a Lead Certification to work on properties containing lead paint was extended to December 31, 2010. If someone you know is working on lead paint without a certification they are out of compliance with the EPA rules!
Not being certified and working on a lead property is a ticking time bomb. Getting certified or finding a certified renovator isn’t that hard we can help with that if you want as well.
Here’s a partial list of potential penalties:
- Potential $37,500 EPA penalty
- Litigation can use non-compliance to show negligence by a renovator which can then be transferred to OSHA compliant and other labor law.
- If non-compliance can be proven by a homeowner it could be basis for none payment for services rendered.
- OSHA could use non-compliance as basis to prove non-compliance with it’s new “Lead in Construction Standards”.
- Renovators who store their paperwork less than eighteen years could be subject to future litigation as the statue of limitations for children doesn’t start until they are 18 years old. If a child decided to sue a renovator for lead poisoning, having the documentation to prove lead safe work practices were used will be an important defense for the renovator. If the documentation is gone or never existed to begin with, proving compliance will be difficult or impossible.
New Hampshire is preparing legislation to take over administration of the RRP rule from the EPA. Why? Because it’s a potential money maker for the state to administer and fine people for non-compliance with these rules, especially considering the large number of properties containing lead in New Hampshire. A placeholder bill has been introduced without specific language. Public comment and a vote are expected in the 2011 legislative session.
Alabama just became the tenth state to take over administration and enforcement from the EPA. The other states are North Carolina, Iowa, Kansas, Mississippi, Oregon, Rhode Island, Utah, Wisconsin and Massachusetts. If you’d like to view the new Alabama RRP rule visit the Alabama Department of Health website.