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Wednesday, March 10, 2010

New EPA Regulations

Joe,

On April 22, 2010, a new FEDERAL regulation goes into effect that affects EVERY HOME IMPROVEMENT CONTRACTOR IN THE UNITED STATES. The new regulations, administered and enforced by the EPA, require that all home improvement contractors in the nation be accredited by the agency in lead paint to work on ANY properties built prior to 1978 (with certain exceptions which add huge costs to the owner) - regardless of whether or not the building is owner occupied.

In the State of Maryland, the MDE has had similar requirements in effect, in one form or another, since the early 90's. My company and I have been accredited by the MDE in lead paint since 2001. MDE requires that you be accredited in lead paint in order to work in rental properties built before 1950. The accredidation process for Maryland requires a two day course - and of course the fee. This, however, is not good enough for the Feds. They require that you take a one day course that THEY approve - and of course pay the fee. In order for the feds to approve a course, you must submit a cirriculum of which they approve - and of course pay the fee. The instructors fee is roughly $500.00! Can you imagine the number of instructors necessary to train ALL of the contractors in the U.S.?

I have been looking and still cannot find the enumerated power that permits the Federal Government to override the States prerogative to regulate home improvement contractors. It doesn't seem to be listed as an "enumerated power" and therefore, IMHO, is unconstitutional. And guess what moral high ground they claimed to justify this blatant usurpation of the Constitution..........."....it's for the children".

When will this end? Do we all need to be on the public dole? There comes a point in time that we need to make a stand. I wonder how many contractors intend to remain in compliance with State law but will not comply with these unconstitutional federal regs.

What do you think?

2 comments:

Anonymous said...

IF this is true, this is BS!
Our house was built in 1947. I should be able to have ANY contractor I want work on my house!
The contractor can choose whether or not he wants to take the risk of my paint containing lead. We've done some improvements ourselves and we've taken precautions just in case. Any contractor could do the same.
As far as "for the children"....I, too am sick and tired of hearing this! Children typically don't chew on walls or window trim...do they?
It seems our government, both federal and state levels continue to pass things that are "for the children" OR "for education" but there is never any money "for the children" and never any money "for education".
Isn't anyone else sick of all this?
Vote them ALL out of office!!!!!!!

Anonymous said...

With today's computer machined steel stude technology, a new building is cheaper and better than renovations. The only reason one engages in atomistic, sheflish small business is to avoid following the rules. Even Milton Friedman showed that small business creating jobs is unprovable because of survival bias (J Eco Lit, Vol. 30, No. 4, pp. 2129-2132). In today's complex New Industrial State (J K Galbraith), you do a better job if you are a large contractor because you have all kinds of compliance controls in place and access to superior information than if you are on you own.