Following pressure from construction businesses, industry trade groups including Associated Builders & Contractors (ABC) and the National Association of Home Builders, and Republican & Democrat members of Congress, the Environmental Protection Agency (EPA) agreed to delay enforcing its new Lead-Safe Renovation, Repair and Painting program.

The final rule implementing the program initially took effect in April, requiring contractors to be certified (through lead-safe training) to perform work that disturbs more than 6 feet of lead-based paint in a pre-1978 home, apartment, school, daycare center or other facility occupied by a pregnant woman or child under the age of 6.

Now, per a memorandum from the EPA’s assistant administrator for enforcement, the agency has stated it will withhold enforcement action against firms for violating the rule’s certification requirement until October. Enforecement action will not be taken against individual renovation workers who have applied for or enrolled in training classes by September 30.

To comply, both general contractors and subcontractors working on a renovation covered by the rule must be certified and must have a certified individual work on affected portions of the job. To become certified, contractors must apply with the EPA every five years (at a cost of $300) and pay for employees to complete an agency-approved training course on lead-safe work practices.

Initially, contractors were exempt from the program requirements if a homeowner certified that no pregnant women or children under the age of 6 occupied the residence, but that provision has since been eliminated.

As of April 22, the EPA had accredited only 204 training providers nationwide - making it difficult for many construction businesses to access and complete training before the deadline. Several chapters of ABC in California, Iowa, Massachusetts, Nebraska, New Hampshire/Vermont, Ohio, Pennsylvania, Rhode Island, Tennessee and Utah can offer accredited courses; other trainers can be located at www.epa.gov/getleadsafe.

The expenses incurred by companies to comply add another financial burden. However, the price of noncompliance is much greater: Fines can reach up to $37500 a day.

Despite pushback from legislators and industry members, the EPA is moving forward with more lead regulations. It recently issued a notice of proposed rulemaking that would require contractors to perform post-renovation dust-wipe testing and to provide the results to building owners and occupants. The rule is expected to be finalized by July 2011.

The agency also issued an advance notice of proposed rulemaking announcing its intention to apply lead-safe work practices to renovations on public and commercial buildings. If EPA investigations reveal lead-based paint hazards exist in public and commercial buildings, a proposed regulation is likely to follow in December, 2011, with a potential effective date of July 2013.

For updates on how these proposed rules play out, visit www.epa.gov/lead/pubs/renovation.htm or www.abc.org/rulemakings.

Source: Old-House Journal

After working on your old house for a number of years, you’ve probably found that a fair amount of your time is consumed by correcting old “repairs” and “renovations.” No doubt they were installed with the best of intentions, but misguided repairs can be a death knell for old houses. These mistakes often result from a homeowner’s lack of knowledge, haste, or desire to keep costs to a minimum. Don’t fall into this trap yourself - avoid these 10 pitfalls at all costs.

#1 Cheap Paint

With most products, you really do get what you pay for. The highest quality paints are usually among the most expensive; individual components that give paints longevity and durability are costly. Professional painters can be reluctant to change brands because they often receive trade discounts, but since the paint itself is usually only a small percentage of a paint job’s total cost, do your homework. Read reviews and choose the best paint you can afford. If a painter balks, ask him how many gallons he will need, and buy the paint for him. It’s time and money well spent.

#2 Poor Paint Prep

Even the finest paints money can buy will perform poorly if the underlying surface isn’t properly prepped. Rein in your desire to see the finished job as soon as possible, and take time to carefully remove old failing paint and sand all surfaces. Follow by thoroughly cleaning to remove dirt and dust. Only at that point are you ready for priming. For best results on previously painted wood, use an alkyd primer manufactured by the same company producing the finish paint. Carefully caulk where necessary, then apply the finishing alkyd or latex paint after the primer has completely dried.

#3 Mixing Metals

This concept often escapes even tradesmen who work routinely with sheet metal and metal fasteners. Metals are generally grouped by their atomic nature on a continuum. On one end are metals that readily give up electrons (zinc and magnesium); on the other are those that readily accept them (silver, gold). In between these extremes lie copper, iron, lead etc. Any time unlike metals are put into direct (electrical) contact, a reaction between them accelerates the corrosion of one over the other. For this reason, make sure you or your contractor always uses like metals. Never, for example, fasten copper sheets with steel nails, or use aluminum downspouts on copper gutters.

#4 Epoxy Overuse

As a filler, epoxy is a wonderful material. For those who don’t have deep pockets, it’s often the difference between a service-able repair and an unaffordable rebuild. But don’t believe ads claiming epoxies can reconstruct entire wooden elements like the base of a column or the side jamb of a window. Epoxy is an expensive filler, and as a plastic, it doesn’t generally share the expansion and contraction characteristics of surrounding wood. These movement differentials show up over time as epoxy loses its flexibility. Eventually, the epoxy will break free of its surrounding material, leaving an even larger gap. Epoxy fillers function best when they’re used in limited roles.

#5 Waterproofing Exteriors

It’s easy to be convinced that waterproof coatings are a cure for aging masonry or even wood siding. A number of industrial-coating manufacturers have entered the residential market with truly waterproof coatings. However, most houses are clad with a number of different materials that intersect at lines of unequal expansion and contraction; any coating will eventually admit water into these entry points. Problems arise when this water turns into water vapor that’s drawn into the house to ruin interior finishes, or drawn to the exterior, causing waterproof coatings to blister and peel. Painting a waterproof coating on your house is like putting it into a plastic bag; it can’t breathe. And houses need to breathe, since water enters from outside and is also generated in large volumes on the interior (by cooking, washing, and even exhaling). When coatings are absolutely necessary - to save spalling brick, for example - look for mineral silicate paints, which are durable and can transmit 90 percent of internal water vapors.

#6 Waterproofing Interiors

As with exterior waterproofing, homeowners sometimes try to fix damp or even wet basements by painting a waterproof coating on interior walls. But this causes “stopped” water flowing from outside to sit in masonry foundation walls for a prolonged period of time before finding a new route to the water table. In the mean time, two other things happen: First, the lime in mortar between the stones begins to dissolve. Second, the waterproof coating begins to blister. Always remember that water can be conducted, but rarely stopped. To dry out a basement, the approach must be made from the exterior by exposing foundation walls, coating their exteriors, and installing drainage around the home’s perimeter. Much of the time, simply unclogging downspouts, adding splash blocks, and re-grading eliminates the bulk of water infiltration.

#7 Removing Masonry Finishes

Removing paint applied to masonry is often high on the list of big-ticket repairs, but it must be done carefully. Sandblasting, while less common today than in the past, can cause lasting damage. Even high-pressure water can erode soft masonry. Before committing to any method, research the nature of your stone or brick. Is it mostly soft sandstone? Are the bricks hard-fired early 20th-century examples, or soft, hand-packed late 18th-century? An architectural conservator can help determine the best paint removal technique, but in the end, a chemical poultice might be the most appropriate solution. Don’t be talked into the wrong technique; a mistake can be irreversible.

#8 Removing Wood Finishes

Those of us who own wood-clad houses cringe at the thought of repainting, but sometimes supervising a contractor is even more difficult. To contractors, speed is of the essence. That’s why in the past 10 years, all but the hardiest have abandoned scraping and sanding for power-washing and scraping. On the plus side, both techniques can be fast and effective. But power-washing strong enough to remove more than just the peeling paint can force gallons of water into the wood substrate, the wall cavity, and even the house. Power scrapers, which are like sanders but use spinning carbide blades instead of sandpaper, grind away paint but leave blade marks that are visible in ranking light. They can be sanded out, but who wants to take that extra step? Chemicals, steam, infrared lamps, and cautiously applied heat guns, which have proven effective and are easy on the wood, are worth exploring.

#9 Using the Wrong Mortar

The interaction between mortar and different types of brick or stone is a complex one, but a misunderstanding here could cause failure in masonry that’s lasted hundreds of years. There are two classes of mortars: those based on lime, and those based on Portland cement. Portland cement mortars are very hard and slow to transmit water or water vapor. Lime mortars are quite soft, and readily allow water and water vapor to pass. While Portland cement is a good pairing with modern hard-fired brick or hard stone, trouble arises when it’s used with older, hand-packed bricks fired at low temperature (which are relatively soft) or fieldstones. In this pairing, the hard Portland cement mortar will cause soft brick and stone to deteriorate at a rapid pace. Lime mortars readily accommodate older brickwork. When in doubt, use a soft mortar.

#10 Bad Design

For exterior surfaces to be durable, they need to be able to shed rainwater, but design that allows a single drop of water to flow from a house’s highest point to the ground without getting stuck on a horizontal surface or vertical joint can be elusive. All exterior surfaces - from window sills to porch floors - should be angled away from the building. A slot on the lower edge of a window sill a short distance from the edge, for instance, encourages water to drip off rather than flow back onto the wall surface. Wrapping the lower portion of columns in wood creates large vertical or “up-facing” joints. Even with paint and caulk, without water-shedding design, joints can open in several years to allow water to enter, which will be followed rapidly by fungal deterioration. Many routine repairs and major expenditures can be avoided by using water-shedding designs on all outdoor restoration work.

As part of Asthma Awareness Month, EPA recommends these top five steps people can take to prevent asthma attacks:

• Don’t smoke, or if you have to…take it outside. One of the most common asthma triggers in the home is second hand smoke. Until they can quit, people should smoke outside, not in their home or car.
• Play it safe. Ozone and particle pollution can cause asthma attacks. People should watch for the Air Quality Index (AQI) during their local weather report. AQI uses a color-coded system to display whether five major pollutants exceed air quality standards. When AQI reports unhealthy levels, people should limit outdoor activities.
• Dust mites are also triggers for asthma. For mite control, people should cover mattresses and pillows with allergen proof covers. They should wash sheets and blankets once a week in hot water.
• Household pets can trigger asthma. People should keep pets out of the bedroom and off furniture.
• Break the mold. Mold is another asthma trigger. The key to controlling mold is controlling moisture. People should wash and dry hard surfaces to prevent and remove mold, and should replace moldy ceiling tiles and carpet.

Local air quality affects how you live and breathe. Like the weather, it can change from day to day or even hour to hour. Add pollutants in the indoor air of people’s homes and workplaces, and you have conditions that can be extremely serious for people with respiratory diseases such as asthma.

Asthma is a serious, sometimes life-threatening respiratory disease that affects the health of millions of people; but it can sometimes be managed if people know how the environment can affect asthma patients. Although there is no cure for asthma, people with asthma can have an active lifestyle and can control the disease through medical treatment and management of environmental triggers. Last month was Asthma Awareness Month, and the EPA is educating people about asthma, and how they can reduce the severity and frequency of attacks.

“EPA’s clean air regulations have improved air quality, resulting in better protection for people living with asthma,” said Judith Enck, EPA Regional Administrator. “It is vitally important that people understand that they can help control their asthma by knowing the warning signs of an attack, staying away from things that trigger an attack, and following the advice of their healthcare providers. Children are especially vulnerable, but can learn to manage their asthma at an early age with the help of their doctors, teachers, friends and family members.”

About 23 million people, including seven million children, have asthma. Asthma in children is the cause of seven million physicial visits and nearly 200,000 hospitalizations. Thirteen million school days are missed each year due to asthma.

Pollutants in the outdoor air, including particulates (soot) and ozone (smog) are major asthma triggers. When ozone levels increase, most commonly in the summer months, they can affect people’s health, especially children with asthma. Ozone can irritate the respiratory system, causing couging, throat irritation, and aggressive asthma. When ozone levels are high, more people with asthma have attacks that require a doctor’s attention or use of medication. One reason this happens is that ozone makes people more sensitive to allergens such as pets, pollen and dust mites, which are common triggers of asthma attacks and lead to increased hospital admissions and emergency room visits.

Sources of fine particles, which are less than 2.5 micrometers or about 1/30th the diamter of a human hair, include all types of combustion, including motor vehicles, power plants, wood burning and some industrial processes. Fine particles can penetrate deep into the lungs and pose serious health risks, including aggravating the symptoms of asthma and other respiratory problems in healthy individuals.

Fortunately, there are many steps that people can take to reduce air pollution and protect their health and at the national level, EPA is workign ot improve everyone’s air quality.

EPA’s Communities in Action for Asthma-Friendly Environments program mobilizes and equips 1,000 communities to lead the nation in the delivery of quality asthma care using innovative tools nad technical assistance to improve asthma care. Community-based programs participating with the EPA are achieving some of the best asthma results in the nation, reducing asthma episodes, emergency room visits, and hospitalizations by 50-80 percent.

In January 2010, EPA proposed the strictest air pollution standards in US history. Last year, EPA announced tougher tailpipe emission standards for cars and light-duty trucks for model years 2012-2016, which will result in cleaner vehicles - ultimately requiring an average fuel economy standard of 35 mpg in 2016. This will result in increased fuel economy of five percent every year, reduce greenhouse gas pollution by nearly 950 million metric tons and save the average car buyer more than $3000 in fuel costs. EPA also finalized a renewable fuels standard, which substantially increases the volume of renewable products - including bio-fuels - which refiners must blend into transportation fuel.

As construction companies struggle to regain a footing in a hyper-sensitive construction market and seek out new projects to rebound from the Great Recession, remember OSHA’s new strategic plan. They are moving forward to make safety a priority, so take note. For contractors looking to expand into new markets, streamline their operations and make their firm profitable, my advice is to be alert and don’t overlook safety. OSHA’s new emphasis on enforcement needs to be included in your efforts to acquire new business.

In this economic climate, securing business is paramount. However, this mindset to survive should not be at the expense of safety. Many companies have safety plans, operate accordingly and have never been cited. So why worry about OSHA? Here’s why:

• Inspections will increase under the new OSHA administration
• Additional inspectors have been hired, topping 40,000 nationwide in FY 2010
• New inspectors represent expanded tougher oversight levels not seen before in the U.S.!

If these changes don’t make you rethink your company safety program and how your company looks at safety, think again. The hiring of 110 new inspectors throughout New England beginning in 2011 should make you take notice and increase your risk of an inspection visit. Plus, inspectors will be trained to first look into your recordkeeping logs going back 5 years. These inspectors will take a hard look at environmental issues and material safety data sheets of all materials on site. In this economy, one violation could put a dent in your profit margin.

Donald Rawson, Jr. of Barkan Management Company

Congratulations to you Donald for being the lucky winner of a gift card to Lowe’s!

To everyone else, thank you for participating in our raffle!

Come visit us at Booth #422 for your chance to win an Apple ipad or gift card to Lowe’s!

This event will feature over 300 exhibitors displaying products and services necessary for the operation, management, maintenance and renovation of buildings and facilities in the greater New England region.

Running concurrently with the trade show is an educational conference featuring 28 individual one-hour talks covering a wide range of topics including LEED, Green, Sustainability, Energy, Building Commissioning, Facility Maintenance, Construction and Renovation Planning and more. IFMA - Boston produces, monitors and provides CEU credit for each conference talk attended.

For more information please visit NEBFM - we hope to see you there!

In today’s economic environment, here’s what contractors should do

• Make sure your contract allows you to request that the owner provide reasonable evidence of adequate financial resources before starting work and during the project, without condition. Exercise that contractual right.

• Make sure your contract allows you to stop work and/or terminate the contract if you are not provided with reasonable evidence of financial resources and/or are not paid for work properly performed.

• Obtain as much information as you can about the owner’s previous construction projects, including claims, disputes and payment history with other contractors.

• Make sure you understand where the owner is getting the money to pay for your project. Ask for a copy of the owner’s loan documents or commitment. Obtain a credit report, a financial statement or a Dun & Bradstreet report on the owner.

• Learn who owns the project real estate. Is that the same entity with whom you have a contract? If not, inquire about the relationship between the fee owner and the contracting party and determine how that may affect your right to payment.

• Understand the mechanic’s lien laws in the project’s jurisdiction and strictly comply with all notice requirements.

• Understand the role of the architect/engineer on the project as it relates to the payment process. Ask for a copy of the agreement between the owner and the A/E.

• If you are not providing the builder’s risk insurance, ask for a copy of the policy that covers the project.