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Pay attention to green building code, new lead paint laws

mark handler

mark handler

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Pay attention to green building code, new lead paint laws

By Rose Meily, for Silicon Valley Community Newspapers

Posted: 05/09/2011 07:34:27 PM PDT

Updated: 05/09/2011 07:34:29 PM PDT

As green building becomes a popular trend in housing, Iris Harrell and Ciro Giammona from Harrell Remodeling have been educating local realty professionals about California's first-in-the-nation green building code (CalGreen), which became law on Jan. 1, and the new lead paint laws, which went into effect April 22, 2010. Realtors can best serve their clients by being knowledgeable about the Green Building Standards Code and its requirements, the CEO and founder of the Mountain View-based company told members of the Silicon Valley Association of Realtors.

The Green Building Standards Code requires construction of public and privately-constructed commercial and residential buildings to meet high green and energy-efficient standards, such as reducing water consumption, increasing buildings' efficiencies and diverting construction waste from landfills. Cities can elect to incorporate into their local building standards optional provisions "CALGreen Tier 1" and "CALGreen Tier 2," which include more stringent building practices and features. Giammona, who is president of the remodeling company, said it is important to check with your city requirements before undertaking any construction or remodeling project because the code is different for each town.

"Most of our local communities have adopted checklists to guide homeowners, designers and builders on what measures apply for their projects. While the CalGreen code has its own

checklist, other checklists have been created by the organization Build It Green (Green Point Rated) and the U.S. Green Building Council (LEED--Leadership in Energy and Environmental Design)," said Giammona.

Mandatory requirements include reducing indoor potable water use by at least 20 percent below current standards, which affect shower heads, plumbing fixtures, flow restrictions, moisture-sensing irrigation systems for larger landscape areas. Harrell said one homeowner who had purchased plumbing fixtures overseas later found out he could not use the fixtures because they did not meet the code.

Builders are required to recycle or salvage at least 50 percent of construction waste; use low or no volatile organic compound (VOC)-emitting paint, stains or other finish materials and flooring systems; duct openings need to be covered; bath exhaust fans or Energy Star fans and humidistats are required; guard rails need to meet a 42-inch height requirement; Afc1 outlets are required in all additional rooms in the home, not just bedrooms; framing exceeding 19 percent moisture cannot be enclosed, which could cause delay in remodeling or construction.

The new lead paint laws were put into effect to safeguard children from lead exposure. Any remodeling or demolition in housing, childcare facilities or schools constructed in or before 1978 must be done by a contractor who has U.S. Environmental Protection Agency-accredited training and certification as a renovator. In addition, contractors must provide the EPA's Renovate Right pamphlet to residents or facility operators before a remodeling or demolition begins.

Harrell said the new regulations are designed to minimize and contain dust. Contractors are required to perform a lead-safety test on the home and cover the workspace with thick layers of plastic. Harrell said sanding and sawing releases lead, which is not only inhaled, but can also be absorbed in the skin.

The new green building code and lead paint laws will mean higher costs and longer waits for approval, Harrell said. "It may be tempting to take short cuts, but it will cost you in court," she warned.

Violations of the requirements could mean a fine of $37,500 per day. Harrell advised homeowners to pay attention to the green code in their town and observe the federal lead paint law requirements.

http://www.mercurynews.com/saratoga/ci_18028598?nclick_check=1
 
Mark

Cal Green Codes apply to new construction only. Additions,and remodels are not required to meet cal green standarda unless the AHJ has adopted the own version of the code. That's my understanding.
 
david henderson said:
markcal green codes apply to new construction only. Additions,and remodels are not required to meet cal green standarda unless the ahj has adopted the own version of the code. That's my understanding.
Click to expand...
That is true, and your point? I did not write the Article
 
I posted the EPA flyer by my door for the new lead paint rules. Here we go with another case of 'locally,no one is qualified' to do the lead paint removal.

So, I have fire sprinklers, lead paint, CalGreen, CASp........... And no budget to deal with all the new regs. Thank you, State of Kalifornia and Federal Govt..........:roll:
 
David said:
Cal Green Codes apply to new construction only. Additions,and remodels are not required to meet cal green standarda unless the AHJ has adopted the own version of the code. That's my understanding.
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David:

While I wish you were right, the way I read the Green Code they do apply, I ran a search in the Green Standards and the word "lead" does not even come up, I went back to the Mercury News article and it says:

The new green building code and lead paint laws will mean higher costs and longer waits for approval, Harrell said
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The quote, for what its' worth separates the Green Code from the lead rules, rather than incorporates them.
 
conarb

That's true they are separate. The Cal Green Code is a stand alone code, where the lead aspect is from the Calif. Health & Saftey law
 
Dave said:

Dave said:
That's true they are separate. The Cal Green Code is a stand alone code, where the lead aspect is from the Calif. Health & Saftey law
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Who enforces it, building inspectors? state police? local police?
 
So I take it that lead enforcement is divided up between various agencies that have references to the EPA standards? Wonder if all EPA lead standards are covered by the process and if HCS has any enforcement in place? I checked Health and Safety code and don't find it.

Case in contention, a contractor was awarded a contract to paint a room on a home built prior to 1978, the room to be painted was added in the 80s. What I can find is that California says if the paint was "affixed" prior to 1978 it is presumed to contain lead, my take is that as long as he doesn't touch anything other than surfaces added after 1978 he doesn't have to do lead testing. Others who have taken the EPA courses say that the EPA questions and answers say that even if the room was added after 1978 that the testing is required even if he doesn't touch the older surfaces. I say the EPA has no jurisdiction in California having ceded enforcement to the state. BTW, those guys with the test guns charge about $1,000 to test, the paint job doesn't cost that much.

§35043 Government Code §35043. Presumed Lead-Based Paint.

“Presumed lead-based paint” means paint or surface coating affixed to a component in or on a structure constructed prior to January 1, 1978. “Presumed lead-based paint” does not include paint or surface coating that has been tested and found to contain an amount of lead less than one milligram per square centimeter (1.0 mg/cm2) or less than half of one percent (0.5%) by weight.

Note: Authority cited: Sections 105250(a) and (b), 124160 (b) and 131200, Health and Safety Code. Reference: Sections 105250(a) and (b), 124160 (b) and 131051, Health and Safety Code¹
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I've checked the authorities cited and see no enforcement provisions.¹ http://www.cdph.ca.gov/programs/CLPPB/Documents/Title17.pdf
 
Lead Paint Violation Could Cost Remodeler $150,000 in Fines

First Remodeler Cited For Violation of RRP

May 19, 2011

The EPA has announced its first action against a remodeler for violation the RRP lead paint rule.

Video: Lead Paint Violation Goes Viral - $150,000 Fine for Remodeler

POSTED 5/19/2011

http://www.housingzone.com/blog/2011/05/video-lead-paint-violation-goes-viral-150000-fine-remodeler

So for all those remodelers who thought there was no reason to follow the EPA's lead RRP rules?

Yeah, you might want to think about that again.

The EPA has cited a Maine remodeler for not properly following the rules after two of his employees were recorded removing paint from a home with power tools and without containing the waste properly. It's the first EPA action under the rules that went into effect last year.

The remodeler, Colin Wentworth of Rockland, Maine, has taken the eight-hour EPA- approved course to get certified, but had not had his workers trained or certified his firm, according to the EPA.

From the EPA:

EPA’s investigation found that Mr. Wentworth failed to: obtain required certification as a renovation firm from EPA; post warning signs in the work area; cover the ground in the work area with plastic sheeting to collect falling lead paint debris; contain waste from the renovation activities to prevent releases of dust and debris before the waste is removed from the work area for storage or disposal; prohibit use of machines that remove lead-based paint through high speed operation without HEPA exhaust controls; and establish and maintain records necessary to demonstrate compliance with the Renovation Rule.

The company faces fines of up to $37,500 per day per violation. The Bangor News reported this morning that the company is facing a minimum of $150,000 in fines.

Here's the video that was posted on YouTube and spread the word about Wentworth's alleged violations.
 
So we're recycling 50% of old materials... which are covered in lead. Sounds like a good way to get more folks in intimate contact with it.

I read somewhere recently that the glycols in the new paints are suspects in childhood asthma. New infant coming home, gotta paint the room.

If you cannot enclose work that is above 19%, depending on how whacko the enforcement and how long their pins are, this potentially puts timberframers and log builders out of business.

I'm all for turning that border fence due north.
 
Responding to the OP, California.

The Maine case demonstrates how the EPA will likely fund itself if its' budget is slashed.

Old houses contain much more than just lead. Chloridane, DDT, unknown insecticides and cleaners. Not what I want to be exposed to or use in a new house. We wandered in the fog behind the DDT truck enough as kids trying to avoid the mosquitos. One of my childhood jobs was to soak the block foundation and myself in Chloridane before filling the cores with vermiculite. Reusing any of that mess, no matter how well intentioned, is nuts.
 
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I posted the EPA flyer by my doorstep to the brand new direct paint rules. right here we go with an additional situation of 'locally,no just one is qualified' to hold out the direct paint removal.
 
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