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Federal Regulators Stepping up Enforcement of Lead Paint Rule

Enforcement officials with the United States Environmental Protection Agency (US EPA) indicate they are relying on tips from the public and industry to step up enforcement of the lead paint Renovation, Repair, and Painting (RRP) rule. To fully and effectively investigate these tips, complainants should provide as much information as possible, including the company or contractor’s name and address, and a description of the project or activity that is not compliant.

The RRP rule went into effect in 2010. The rule requires that at least one person in any firm that is engaged in construction activities that disturb paint in or on any building constructed in 1978 or before receive training and register with US EPA to be certified. Information on training providers and certification firms are available online. Certification is $300 and is valid for five years. Those who do not complete the training and certification face fines up to $37,500 for each day of violation.

In 2011, US EPA conducted more than 1,000 compliance inspections. An even higher number of these record-keeping audits and on-site inspections are planned for 2012.

EPA—RENOVATION, REPAIR, AND PAINTING RULE TRAINING

WHEN: MAY 31, 2012 8AM – 5PM

WHERE: AT THE SBE TRAINING CENTER

2985 INNSBRUCK DR., REDDING

COST: $225 SBE REGULAR MEMBERS

$250 PROFESSIONAL & ASSOCIATE MEMBERS

$275 NON-MEMBERS

Who needs certification?

• Firms that perform renovation activities on pre 1978 homes

• Individuals that perform renovation activities

• Currently certified Lead Abatement Supervisors and Workers

• Initial training is 8 hr; refresher training is 4 hr.

TO REGISTER: CALL 222-1917

Page Two

Capitol Connection Q&A for Contractors

By Shauna Krause & David Kalb, Capitol Services, Inc.

 

One word can often make the difference in success or failure in having a contractor’s license. ‘Inactive’ and ‘expired’ are good examples one contractor brings to our attention. Adding a class to your existing license is a way to extend your opportunity and may be possible without taking a test. We also share some ‘general’ observations about license qualifiers…

Q:  I currently hold a “B” (General Building) and “C-36”(Plumbing) license. I would like to add the “C-20”(HVAC) classification.   I consider HVAC installation a significant portion of my business since almost every permit I pull includes mechanical work, not to mention the fact that plumbing and mechanical are closely related trades. Do you think I can add the “C-20” without taking the test?
A: Over the years Capitol Services has handled hundreds of these 7065.3 waiver applications.   This is the statute that allows the CSLB to waive the trade exam for some additional classifications.  While the CSLB has established general internal guidelines for these trade waivers, each applicant is evaluated based on his or her experience and detailed project background.

This being said, I can tell you that based on our extensive experience at Capitol Services, a “B/C-36” contractor applying for an additional HVAC class is in a good position to receive a waiver. It is important to keep in mind that detailed project descriptions covering at least 4 years are required, as is a detailed written waiver request on company stationary.

Q:  We have a couple of questions if you don’t mind. As a General (50/50) partnership, can we change the percentage of ownership and keep the same license number?  As I am the Qualifier I will need to pursue a Qualifiers bond because my ownership will drop to less than 10%.  Unfortunately, some personal issues have affected our business ability to get bonds so I have been trying to figure a way to fix this.  Is there a State fee to make this change?

A:   You can change the percentage each partner owns without impacting the license number.  If you, as Qualifying Partner (QP), also qualify another license, and will now own less than 20%, this could impact one or both entities. Licensing law generally allows the Qualifier to act as the Responsible Managing Officer (RMO) or QP on one license at a time unless ownership is 20% or more for each entity.  The CSLB does not charge any fee to change a Qualifiers ownership percentage.

Regarding your “personal issues” these may not be an issue since a Bond of Qualifying Individual (BQI) is not required on a partnership license if you’re a QP. It is required if qualified by a Responsible Managing Employee/ (RME).

Q:  We have a contractor’s license, which was inactivated a few years ago.  Now that the economy is turning around, we want to reactivate the license.  Our problem is that the RME, is no longer employed with the company. Can we replace him or must we reactivate the license first?  What do you suggest?

A:  It makes little sense to reactivate the license without a Qualifier (i.e. it would immediately be listed as “suspended”).  I suggest designating an individual to take the license exam (as the new RME or RMO) and file an Application to Replace the Qualifying Individual.  The CSLB will accept applications for additional class and replacing the Qualifier for a license that is “inactive” as long as the license is not expired.

While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email info@cutredtape.com, or write us at Capitol Services, Inc., 1225 8th St. Ste. 580, Sacramento, CA 95814. Research past columns at www.cutredtape.com.

Safety Updates

An excavation is any man-made cut, cavity, hole, trench or depression made in the earth’s surface by the removal of soil. Workers in excavations can be exposed to cave-ins, engulfment, hazardous atmospheres and falls. Excavation safety training and procedures prevent serious injuries and accidents.

Before work on an excavation can begin, surface hazards such as unstable buildings, sidewalks, etc. that could endanger employees must be secured or removed. Hazards below the ground must also be identified and made safe before work can begin. At least 2 days before the excavation, contact private utility companies and USA North / Common Ground Alliance (CGA) at 811 or 1-800-227-2600 to see if there are buried pipes or utilities in the planned work area. Follow work procedures that avoid disturbing these installations during excavation.

Excavations near sewers, landfills, chemical plants, and storage tanks for hazardous materials may have hazardous atmospheres. Excavations require inspection for hazardous atmospheres like low oxygen levels, high chemical concentrations, and/or flammable/explosive gases. Excavations deeper than 4 feet need to have atmospheric testing. If there are atmospheric hazards present or they could be present, ventilation, respiratory protection, and rescue equipment must be provided for worker safety.

Signs of soil distress near an excavation may indicate collapse or cave-in dangers. Fissures, cracks, or sagging/slumping materials from the open face of the excavation can indicate a hazard. Bulges at the excavation bottom, sinking at the edge, and small amounts of dirt and rock falling into the excavation are also signs of instability.

If the excavation is more than 5 feet deep, it needs a permit from Cal/OSHA and there needs to be a protective system (benching, shoring, sloping, etc.) in place to protect the workers inside. For excavations more than 4 feet deep, there needs to be a way to enter and exit the work area at least every 25 feet via a ladder, ramp, or other sturdy device.

Excavation inspections are required before work starts, during work shifts, and after rainstorms. A competent person that is familiar with excavation regulations and safety systems, how to type soils, and how to recognize excavation hazards must do these inspections. Inspectors should look for signs of cave-ins, failing protective systems, and potentially hazardous atmospheres. If hazards are found, workers should exit the excavation until the work area is made safe.

To protect workers from falling soil and rocks during excavation operations, perform maintenance scaling of the open excavation face to remove loose rocks from the excavation face. Use protective shields and retaining fences to hold back loose material. Keep spoils, supplies, equipment, vehicles, and workers at least two feet from the working edge.

Avoid working in excavations that hold or accumulate water. If work MUST be done in this situation, use protective shield systems, pumping devices, and harnesses with safety lines as added protection. The pumping system must be monitored by a competent person. Diversion systems and dikes can be used to re-direct flowing and encroaching water sources


The above evaluations and/or recommendations are for general guidance only and should not be relied upon for legal compliance purposes. They are based solely on the information provided to us and relate only to those conditions specifically discussed. We do not make any warranty, expressed or implied, that your workplace is safe or healthful or that it complies with all laws, regulations or standards.

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