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Change in EPA "opt-out" Provision Has Many Builders and Remodelers Asking Questions.
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An amendment released by the Environmental Protection Agency this spring has raised many questions in the remodeling business. Under an existing EPA rule for “Lead: Renovation, Repair and Painting”, an opt-out provision for certification existed for certain types of structures, including home renovations.
The elimination of this opt-out began on April 22, 2010. Federal law now requires that contractors performing renovation, repair and painting projects that disturb more than six square feet of paint in homes, child care facilities, and schools built before 1978 must be certified and trained to follow specific work practices to prevent lead contamination. Work performed on these properties must follow prescribed lead safe work practices and record keeping requirements.
The question of insurance coverage for this practice has been raised by many customers. A commercial general liability policy typically has a lead exclusion. It will usually exclude “any costs, including but not limited to, abatement, mitigation, removal, or disposal of asbestos, lead, paint containing lead, plumbing solder, pipes and fixtures, soil or anything containing lead, in any form.” You should, as a business owner, check with your agent about any coverage you may need for lead abatement.
A separate Contractors’ Pollution Liability coverage may be an option for remodelers and others with this exposure. This policy will cover a renovator or contractor for third party property damage and bodily injury arising out of contractor operations performed by or on behalf of the contractor. It will not, however, cover any assessed fine to a renovator for practicing without the certification and education requirements. Please check with a qualified insurance agent to learn about specific policy language and to obtain a proposal of coverage.
To satisfy the EPA’s requirement, contractors are required to complete a training course and submit applications. Courses are available through the Greater Houston Builders Association. For more information, email Education Director Peggy Means or call 281.970.8970 x161.
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 Lead Renovation, Repair & Painting Certification
Lead Renovation, Repair & Painting Certification |