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A YouTube video of two workers scraping paint from the side of an older home in Rockland, Maine, has spurred the U.S. Environmental Protection Agency to take enforcement action against a contractor for failing to comply with the Lead: Renovation, Repair and Painting rule designed to protect children from exposure to lead-based paint.
Despite being an EPA-certified renovator, contractor Colin Wentworth is facing a fine for allegedly failing to apply for his firm’s certification and follow the lead-safe work practices required under the regulation — including posting warning signs, establishing a plastic containment around work areas, collecting dust and debris, using high-speed scraping machines equipped with HEPA filters and maintaining records to demonstrate compliance with the rule, the EPA said.
The violations were brought to the EPA’s attention through an anonymous tip linking to the video, which was posted on YouTube in October. The video, which has been taken down, showed workers using power equipment to remove lead paint from an exterior wall without a defined containment area to capture lead-containing dust or debris.
At least six children, one of whom was less than six years old, lived in the four-unit building at the time of the renovation.
The EPA’s Region I office in New England brought the enforcement action, the first to be taken against lead-safe work practice violations under the rule, which went into effect 13 months ago.
"It's interesting to note that the EPA chose to launch its enforcement program by taking action as a result of an anonymous public video posting," said Amy Chai, senior counsel at NAHB.
Though the agency did not indicate a specific fine for the violations, under the rule contractors can be liable for a maximum of $37,500 per violation per day, according to the EPA.
"In New England, we have a high proportion of older houses where lead paint can still be present," said Curt Spalding, regional administrator of the EPA's New England office. “Many renovation firms have done the right thing by becoming certified, sending their employees to training and following the appropriate, health-protective work practices.”
“Enforcement of these rules is important to protecting children and the business interests of those contractors who are following the rule," he said.
“It’s important that remodelers get trained and obtain certification from the EPA, as well as follow the lead-safe work practices outlined in the rule to minimize exposing children to lead hazards,” said NAHB Remodelers Chairman Bob Peterson, CGR, CAPS, CGP, and president of Associates in Building & Design, Ltd. in Ft. Collins, Colo. “NAHB has created resources for remodelers to help them comply with the rule and adapt their businesses accordingly.”
NAHB advises remodelers to review the requirements of the lead regulation and use the resources available at www.nahb.org/leadpaint to prepare for compliance.
The member-only tools include sample contract language, liability and insurance guidance, materials for educating consumers and more.
For more information about the lead rule, visit www.nahb.org/leadpaint; or email Matt Watkins at NAHB, or call him at 800-368-5242 x8327.
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