Back on January 8^th, I was surprised to get a phone call from Cullman City Licensing. I can see who is calling, and remember wondering – what did I forget to sign the form or the check? Nope, they were requesting a copy of my General Liability Policy. Did I miss something in the directions? No, it was explained to me that is a new requirement and they did not have time to update the form. Ok, that is not an issue and quite honestly, I am glad to hear they require it now – one quick call to my insurance agent to fax them the page and I had our license within a week.

Well imagine my surprise when I catch this article in the Cullman Times – City pushes contractor decision.  

The council postponed a decision to either keep or rescind a new city ordinance requiring contractors to have general liability insurance if they work a job in the city limits. Some contractors are up in arms over the change due to fears that it will significantly raise costs.

“There’s no way I can do it,” he said. “I’ll just have to move. I’ve done jobs in the city in the past, but I’ll have to stop if they keep this.”

“I will pull out,” he said. “I probably did about 20 jobs in the city last year and I can’t afford this insurance … When good contractors leave, that’s when the customers will be hurt by this.”

“Since they’re looking at it now, I think they’re trying to get out of it,” he said. “They need to rescind it, because everyone I’ve talked to said they can’t afford it.”

And it keeps getting better… A call to action in the Cullman Shoppers Guide (they cannot afford a $600 policy but they can afford to place a $300 ad?)

What is Liability Insurance

Liability insurance is defined as an insurance policy that offers protection against third-party claims of property damage, injury or bodily harm, loss of life or limb, or negligence. General liability insurance offers blanket coverage that includes both “public” and “product” liability, meaning that coverage extends to direct or indirect actions of the insured (and the insured’s employees) which result in loss or damage, as well as products or structures manufactured by the insured that cause loss or damage due to a fault in the product.

The cost

A general price is assigned based on your projected sales, and the amount of subcontractors you use. Your agent at that time will also be able to tell you what your rates will be if you exceed those amounts, so it should come as no surprise if you figure out that you will do 2x the projected amount that your insurance amount will go up accordingly. Down here the base price for a policy is $600 for a year or approx $3 per working day (200 days for roofing due to weather).

Why you should require it

Insurance is rarely a priority during a home repair or remodeling. However, accidents can and do happen, which can occasionally lead to lawsuits. I cannot think of any professional contractor or any other professional business or organization that would argue that having insurance is not necessary (a necessary evil maybe, but still necessary). The reason why is simple, it is a business obligation to protect its assets. One of the first questions the BBB, NARI, NAHB and other industry group’s stress that homeowners need to ask a prospective contractor is; Are you Insured?

Your Liability: Anytime someone gets hurt on your property because of your negligence or carelessness, you can be held legally responsible. Not only that, but you can also be held responsible if someone working on your property injures someone else or causes damage to someone else’s property. While a typical homeowner’s policy includes $100,000 of liability insurance, certain losses may not be covered. You can also jeopardize your coverage if you knowingly hire unlicensed or uninsured workers or start work without pulling the necessary local building permits. Even if a covered loss is covered, you will probably end up with a higher annual property insurance premiums.

Your Property: As a few of us pointed out, in the comment section – what happens if your property gets damaged due to the contractor; accidently breaking something, making a repair that fails resulting in your house being damaged, etc? If they are uninsured, or as some of them alluded to in the article & they cannot afford to pay $3 a day for insurance, do you really expect them to pay for or be able to pay for the repairs? While your homeowners insurance may pay for the damage, do you really want to pay the deductible, or the higher rates that will probably be incurred?

For the “Good Contractors”

I have to agree with you, times are tough but you need to start learning how to run your business like a business. It is one thing to be a good roofer, but quite another thing to run a company. If you wish to subcontract work from someone that carries insurance, you need to have the same limits that they currently have. We personally will not even consider a bid from an uninsured sub. While some GC’s might allow you to work for them, you might want to watch out for a back-charge to cover their costs of insuring you. If you wish to work in Huntsville, Birmingham, or on any federal or state funded job, you need to be insured.  

On the other side of the coin, with the mindset shown on not only this issue, but also the way you have operated and continue to operate, you are losing customers and money. Many of the residents simply do not even look locally any more, they start looking for contractors located in Huntsville or Birmingham. I have sold numerous jobs simply because I am not from around here, and I show up on time & do what I say I am going to do.

A few final thoughts

Granted, no one likes to pay for insurance and everyone knows the insurance companies are out to make money. I love hearing how insurance companies should not be out there to make money. Let me ask what happens if an insurance company did not make money? What then happens when it became time to pay out on a claim that exceeded their cash on hand? Along the same lines, can’t the same thing be said for the rest of us? An hourly employee goes to work to make money; a business owner runs a business to make money.

But the costs are so high – Bull, at most for a normal residential jobs it might add $3 to $10 to the cost. If you are only doing 20 jobs a year in the city, you are looking at $30 a job. Do you really think that this small amount is going to cause you to lose the job? I doubt it and besides you have an additional selling point that it appears many of your competitors do not when you are working in the “county.”

While we are at it, let me take a stab at the jab leveled against the Texas & Pennsylvania contractors licensed here. Let me guess, they are probably working on a commercial project that requires insurance that you do not carry and your jab does not fly. If they were storm chasers, than you might have a valid point as that group generally causes some major issues, but we have not had a storm big enough to bring that group in. I guess this will be an interesting meeting tomorrow whe tha City of Cullman decides which way they want to go.

It is truly amazing how much bad information is put out on the internet every day. We have testing companies promoting their products, which a CLR cannot use. We have Lead Inspectors trying to sell their services as a way of getting around the RRP by saying – well only this component has lead so you just have to contain this item, which is also incorrect. We have others jumping up and down about how every project on pre-78 houses now falls under the OSHA regulations.  Well guess what – OSHA is completely irrelevant as far as the RRP is concerned. As of April 22^nd, nothing changes, except that everyone working on pre-1978 target houses must comply with the EPA regulations .  

What OSHA says:

As we covered in the prior articles on the differences between OSHA & the EPA, followed up by OSHA’s requirements and the costs one phrase is always used by OSHA: where lead is present (29 CFR 1926.62 § A – Scope). OSHA does not care if it is in a 1950 house, a 1990 house, located in the tile, the mortar, the paint, etc… If lead is present, you have to follow their requirements starting with an initial determination.  Well that is nice but if we don’t test, don’t we have to assume that lead is present per the EPA?

What the EPA says:

Well, I am just as guilty as others are by simplifying the regulation by saying; “The regulation is simple, you either run the tests to prove that lead is not present or you assume lead is present and use the lead safe practices”.

Based off §745.82 – the Applicability section, you must use the EPA’s Lead Safe Work Practices unless it has been certified as lead free or below their de minimis threshold. There is no assumption that lead is present, it is that you must use their work practices or prove that they are not needed.  Now if lead is present you must follow the OSHA regulations. If no testing is completed what does OSHA require?

OSHA Advisor:

As we mentioned in another article, OSHA has provided an “OSHA Lead in Construction Advisor” which is one of many invaluable tools that they provide to help you. So what happens when you simply say – I don’t know if lead is present?

Since you are not sure if lead is present at your job/work site, you should know that there are several methods of testing for the presence of lead, including the use of:

(1) Lead detection spot test kits
(2) Bulk materials testing (Not allowed to be used per EPA RRP for CLR’s)
(3) X-ray fluorescence (XRF) analyzers (Not allowed to be used per EPA RRP for CLR’s)

You also may find information on the presence of lead-containing materials in records belonging to the owner of a building or structure.

Come back to the Lead Advisor when you know if lead is present.

Back to the EPA:

§ 745.61   Scope and applicability.
(c) Nothing in this subpart requires the owner of property (ies) subject to these standards to evaluate the property (ies) for the presence of lead-based paint hazards or take any action to control these conditions if one or more of them is identified.

The end result:

The end result is simply the status quo; OSHA does not require you to test for lead and the EPA has stated that there statute cannot be used to compel a homeowner to have testing done. Therefore, if lead is present, you need to follow OSHA’s regulations that have been in place for years. The only thing that has changed is more people now know about the OSHA regulations and the new regulation issued by the EPA will soon be in effect.  

A quick tip for Replacement Contractors (Windows, Siding, Roofing & other associated trades):

You all know that many old houses have lead paint on the exterior components (especially pre – 1950 houses per OSHA). Based off OSHA regulations while you have to do an initial determination, but you do not have to do one on each project. You may wish to review 1926.62(d)(3)(iii) & (iv).

For anyone that has attended the EPA’s Lead RRP training knows, there is more to worry about then just what the EPA requires. As we discussed and showed in a prior article, OSHA has its own regulations that in some cases contradict what the EPA requires. One of the biggest issues is that if any lead is present, the OSHA standards automatically come into effect, whereas the EPA has a de minimis threshold that must be taken into account before you must use their procedures. While the EPA only targets lead paint in this regulation, OSHA targets any known lead sources, including pipes, stain, tiles, mortar, flashings, etc…

Who is affected?

In OSHA’s own words from their review (http://www.osha.gov/dea/lookback/lead-construction-review.html)

3.1.2 Sectors Unlikely to Be Subject to the standard

The lead standard applies to construction work where the employees could be exposed to lead. In practice, the majority of construction employees have little or no exposure to lead. ..

…Unless they spend most of their time on older (pre-1950) buildings, most specialty trade contractors, such as electricians, plumbers, flooring installers, and masons, may be exposed to lead dust relatively infrequently….

…When those activities occur, such as removing an old pipe, cutting into a wall to add an electrical outlet, or removing old wiring that includes lead, the activities take only a few minutes. Even removal of old windows, the housing element most likely to be coated with LBP and to have significant deterioration of the paint, is unlikely to result in prolonged employee exposure to high levels of lead dust because the removal takes only a few minutes.

3.1.3 Sectors Likely to Be Subject to the standard

…The primary affected specialty trade employees are painters and demolition employees….

Well I can hear some grumbling from some area’s & some relieved sighs coming from other areas. Well I hate to say this – but not so fast…

If lead is present at your job/work site, you must conduct an initial determination to find out if the employees are or will be exposed to lead levels at or above OSHA’s Action Level (AL) of 30 ug/m3 micrograms per cubic meter or Permissible Exposure Limit (PEL) of 50ug/m3.

What is an Initial Determination?

 Basically, you must hook up air monitoring systems to either each employee or a representative sample of the employees to detect airborne lead particles for one full shift. This is done by clipping an air-sampling pump to the employees clothing with a tube & filter running to within 10 inches of the employees head. While this test is being done, all employees must be wearing respirators*. Worker exposure to airborne lead is measured by the captured lead particles on or in the filter. The filter is then sent to a laboratory for analysis. The laboratory results are evaluated to determine whether the worker’s exposure level exceeded the AL or PEL. No matter what the outcome (even if negative), you must record the information, inform the employees within five business days in writing & hold onto all the records for 30 years.  If you have exceeded either limit, additional requirements will need to be taken.

But wait – there’s more; if you are doing demolition, manual scraping or other tasks that OSHA considers high risk while the initial determination is being done – you must also provide

(A)	Half-mask air purifying respirators with HEPA filter or half-mask supplied air respirators operated in the demand (negative pressure) mode
(B)	Appropriate personal protective clothing and equipment
(C)	Change areas including shower facilities on site
(D)	Hand washing facilities
(E)	Biological monitoring
(F)	Training

*Ready for another catch?

If employees are required to wear or voluntarily wear respirators as part of their jobs, this triggers another OSHA requirement. 1910.134 which requires a written program, medical evaluations, training, & fit testing to name just a few of the items one must keep up with.

The costs?

Per OSHA (which generally has a better handle of costs than the EPA)

Compliance with the standard is estimated to add between $300 and $400 to any work on a pre-1978 housing unit to cover the cost of initial monitoring. If lead dust is present above the action level, but below the PEL, compliance is estimated to cost an additional $100 to $900 per job. If exposures are above the PEL, compliance cost per jobs would increase from $500 to $1,800. Costs will vary with the number of LBP jobs done and the length of the job. Costs would be lower for small jobs and higher for those that require more surface preparation.

Ready to scream yet? Well don’t panic just yet; the next article should contain some good news for many of us. While you may notice that OSHA does not like to play well with others & seemingly believes in a one-size fits all approach, (i.e. that what applies to those working on repainting a bridge applies to a worker replacing a residential window) you can find that policy in itself is a good thing.

March and the start of spring, is a great time, as it seems to bring out a new life in everything. The trees start to bloom, the animals that were hibernating are coming back out after their long winter naps, and for many individuals (especially up north) they can finally escape their houses without looking like the Michelin® man. The month of March is a really an ideal time to get a jump on those outside chores, and to seriously start planning for our vacations.

Climate Data for March

Maintenance Checklist

• Change out your HVAC filter.
• Test your Smoke Detector
• Gutters & Roofing
  • Clean your gutters and make sure your downspouts are clear & water flows freely
  • Clean any debris off your roof, especially the valleys and ridge vents. While you are up there check your roof for any missing or damaged shingles, cracked or missing chunks of tar, rubber or silicone and make any small roof repairs required now.
• Now that you are safely back on the ground, it is time to trim any trees, bushes, or other foundation plantings so that they do not rub or grow up against the house. All dead wood, limbs, shrubs, etc… should be removed to eliminate nesting areas for insects. These should be easy to spot when everything starts to bloom.
• For those with Basement’s
  • Check your basement for cracks or leaks, and get them repaired.
  • If you have a sump pump, test, clean and lubricate it.
• Clean and inspect your decks for damage or rot – now is a great time of year to re-stain them
• Check all the hand rails and steps to make sure they are clean, safe, and secure also
• While we are still outside, check the siding and doors – caulk & install new weather stripping as needed (HRC Articles on Weatherization & Air Sealing)
• Get your AC system serviced either later this month or early April, so that when it is needed it works. This is also a good time to review and see if a new unit would be a good option – For 2010 there is the possibility of getting up to a $1500 tax credit if you replace it

Gardening & Grounds Checklist

• For all the plants and herbs brought inside, make sure you keep them watered or depending on your climate, it may be time to take them back outdoors
• Watch out for frost & hard freeze warnings – make sure you cover any plants, shrubs, newly planted seeds or crops that may be damaged & cut back any frost damaged ones
• If you grow plants from seeds, it is definitely time to get them started (This can be done inside or outside in greenhouses or cold boxes) Article from ACES on this
• Keep maintaining your compost pile, when it is time to start prepping your soil & beds, it can add much needed nutrients to the soil naturally
• Depending on your climate, start cleaning up your flowerbeds, garden beds, and edging around them as required.
• Start working on a gardening plan, for what goes where – install the necessary trellises or arbors before you start planting
• Lawns: also dependent on the climate, may be a good time to give them a quick cut, reseed and fertilize as required.

Other items to consider

• Spring Break & Summer Vacations are coming up fast. Start getting them planned & your rooms booked – many popular destinations will soon start filling up and the rates will soon follow
• Tax Time – sorry, but if you have not gotten them done yet – you should not put them off any longer. If you owe money, just get it done & set the envelope aside to mail it on April 15^th.
• While you are working on your taxes – Clean out your file cabinets, get rid of old tax returns, maintenance manuals for items you no longer own, etc… Clean out and recycle all your old magazines, newspapers, and assorted mementos.
• February’s Checklist had plenty of additional tips for getting a jump on Spring Cleaning

As always, please stay safe; if you feel uncomfortable, do not understand how to complete a task, etc… please call in a professional. We at SLS Construction do not want to see or hear that you have been hurt or injured. We do offer Handyman Services for your convenience, and can even customize a maintenance contract for you to eliminate you even having to worry about these items.

Well it appears that I am not the only one questioning the EPA’s hurried rollout, and one organization is actually pushing a letter writing campaign. While I personally disagree with a few items in the letter, it is actually nice to see that some of the current issues are at least trying to be addressed by others. I received permission from David Walker of the WDDA (Window & Door Dealers Alliance) to post the following letter and information on my blog.

About WDDA:

The WDDA’s mission is to represent the interests of retail, wholesale, and installing dealers of new and replacement windows, doors, skylights, and related building products. The WDDA is the only national business organization advancing the interests of independent Window and Door Dealers. The WDDA represents both the multi-billion dollar residential window and door replacement industry and the interests of your individual business.

WDDA’s Goal:

The April 22 effective date of the new Environmental Protection Agency lead paint rules is quickly approaching. The WDDA has joined forces with other industry associations to present a united front, and your help is needed. As part of the coordinated effort, the WDDA is encouraging members to approach members of Congress and urge them to delay the effective date of the new rules. The WDDA has drafted a letter that you can personalize and send to your representatives (find your local representatives online). This letter includes the official stance of the WDDA on the issue. Specifically, the industry is urging officials to support a deferral of the date of implementation and to preserve the opt out.

WDDA’s Letter:

Dear (Name),

I am writing to urge you to intervene with Environmental Protection Agency Administrator Lisa Jackson.  Businesses like ours are being forced to comply with new lead paint regulations scheduled to take effect on April 22, 2010. The rules (officially named EPA’s Renovation, Repair, and Painting (RRP) Program) apply to homes and other buildings built prior to 1978.

While the window and door industry has several concerns with these new rules, we nevertheless recognize the need to comply with them. That said, it is a virtual certainty that the majority of window and door dealers like ours, those in the state of (State), and others around the nation will not be in compliance by the required date. 

Though the rules were promulgated in 2008, our industry was not informed about the need for supplemental training and certification until much later. In addition, the regulation originally included an “opt-out” provision allowing customers to sign a waiver releasing liability to the installing dealer as long as there are no pregnant women or children under the age of six living in the home. Our understanding is that this opt-out provision may not be part of the final rule.

Our appeal to you is two-fold -

1)       Preserve the opt-out provision. This is a common-sense, cost-reducing carve-out that puts control in consumers’ hands while not compromising health and safety.

2)       Defer the regulation’s implementation date to January 1, 2011, or later. 

The current tax credit for energy improvements is scheduled to expire on January 1. The delay will allow contractors, remodelers and renovators the time needed to attend training courses (which are currently in high demand or even sold-out) and earn their certifications. Without this added cushion, many quality service providers could have their insurance policies canceled due to carriers’ concerns about liability associated with the lead paint rules.

The additional time should likewise ensure that the kits used to detect lead are both reliable and accurate. Currently, the kits do not provide definitive results when testing to determine if lead is present and at a level to which the rule applies, or to test the work area for compliance once work is complete. Ideally, the regulations would be delayed until accurate tests are commercially available.

I realize the lead paint rules are probably not among your highest priorities; however, you need to know that as it is currently written, the regulation is a serious and potentially devastating issue to our company and many other companies in (State). We simply ask that you implore the EPA to give us some much-needed breathing room so that compliance does not put us out of business.

I would be happy to discuss our concerns in more depth with you or your staff at any time.

Sincerely, 

For an editable letter and a list of major Senator’s and Congressman that are on applicable committees that can directly affect this process you may find them here on WDDA website. EPA Letter & Contact List

My thoughts:

First, as a Homeowner you may be wondering why I am even posting this here; how does this affect me, I don’t even own a pre-78 house, why should I care? While the direct costs – Plastic sheathing, Swifter sheets, Trash Bags, and increased time on a job will be factored into that jobs costs, you still will end up paying for what would is considered the indirect costs. Indirect costs like the increased insurance, new licenses, additional tools, maintenance, etc… are all bundled together into what is called “Overhead” which then is added to every job we do.

One of the other reasons is simple education; while Lead poisoning is a serious issue, with a little common sense, it is easily avoidable, and we prefer giving you the straight facts about an issue that can have a profound effect on you and your family. While the Homeowners Resource Center is mainly designed to help Homeowners, many other Construction Firms, Specialty Contractors, and others that may work on your home at some time also view it. I am sure that you would rather have someone educated about the potential issues working on your house than one that is clueless.  

As for the letter, I applaud them requesting a delayed implementation for numerous reasons; this will give them time to educate both the homeowners and contractors of the need for such a regulation. Their testing kits should easily be approved by then. This will allow almost enough time for any state wishing to take over the program, the time to get their systems in place. This should also give everyone enough time to get trained. Who knows maybe OSHA will finally sit down with them and come up with a workable program for residential work? I do have to question what the tax credit expiring has anything to do with this though.

I will disagree with them on the Opt-Out provision. If this regulation is truly required, it should apply to all structures that are built prior to 1978 unless they are lead free. Lead has been shown to affect everyone, not just kids.

With that being said, I must disagree with the implication that this is a needed regulation. Most items in this regulation are already being done by “Dust Free Remodeling” companies on every job they do. Some of the items they have listed are not only unsafe, but also unnecessary to contain Lead Dust. What could have easily been handled with simple “Best Practices,” has now turned into a convoluted program being rushed out.  

The EPA and some of the larger Training Providers and activists started working on this program back in 1999, pushing to make it a regulation – can you imagine how many people might have been helped if they had simply released these best practices back then? I can hear a few people in the back already, but if it was just a voluntary best practice, not everyone would comply, would they? Well no, not everyone would comply with them, but is every company and individuals actually going to comply with this regulation? I will close with this simple quote from the EPA…

If the regulation is not accompanied by education efforts and enforcement, then we could unintentionally drive up demand for non-compliant renovation projects.

For anyone that has attended the EPA’s Lead RRP training knows, there is more to worry about then just what the EPA requires. As I have listed in previous articles, numerous federal agencies have their own regulations that we must know about – the CDC, CSPC, EPA, HUD, and OSHA. The CDC & CSPC regulations do not really apply to a Homeowner that just wants a deck built, kitchen, bathroom or whole house remodeled. The EPA and HUD regulations, which we have discussed, state that unless you have proof that no lead is present, you must use these work safe practices when you will be disturbing existing paint in pre-78 “target housing”. The last agency that one must consider is OSHA.

What is OSHA?

Osha or oshá (Ligusticum porteri) is a perennial herb used for it’s… Whoops wrong one…

OSHA (Occupational Safety and Health Administration) is a federal agency that falls under the Department of Labor. The Occupational Safety and Health Act, signed by President Richard M Nixon, on December 29, 1970, created it. Its mission is to prevent work-related injuries, illnesses, and occupational fatalities by issuing and enforcing rules called standards for workplace safety and health. The following states Alaska, Arizona, California, Hawaii, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Nevada, New Mexico, North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virgin Islands, Virginia, Washington, Wyoming actually run their own State authorized version which is either as strict or stricter than the federal statutes.

Back in August of 2007, OSHA performed a Regulatory Review of 29 CFR 1926.62 – Lead in Construction. They made a few interesting points in the review, which I will cover more in depth in some additional articles on this subject. One item that they included was a nice chart of the differences between the three different programs. Please note that this was done back in 2007 & did not have the EPA’s or HUD’s final regulation that was basically not completed until late 2009.

Table 8-1: Comparison of OSHA, EPA, and HUD Lead Programs

Confused?

As you can see just off this chart, there are many areas that conflict. Well OSHA in the typical “we are from the government & here to help” has produced an “OSHA Lead in Construction Advisor” to help you figure out what you need to do based off their regulations. It is a simple question and answer system that tells you what you need to do based off your answers. While they will give you a final report, they do not track your answers to setup an inspection. Be forewarned, just like the EPA, following information off their site does not mean you are in compliance.

In the next article (or two?) we will delve a little deaper into the OSHA issue and how it relates to the EPA’s RRP rule.

In our prior articles on Air Sealing, we covered how to find the leaks inside your house, along with what tools and basic materials required to air seal your house. In this second part of this article, we will be dealing with tips & tricks on how to seal up the air leaks inside your house & some common ones outside.

Before we get started on this, we must warn you; if you feel uncomfortable, do not understand how to complete a task, etc… please call in a professional. We at SLS Construction do not want to see or hear that you have been hurt, injured or burnt down your house. If you come across areas that are moist or show signs of rot, it is time to call in a professional to fix the issue. In some cases you may already have some structural issues or if you cover up an ongoing issue, you could be easily be creating a major problem that could have easily been solved if it was taken care of when it was noticed.

Doors

• If you have leaks that are coming in around the operable door, you need to correct that with the proper weather-stripping. (typically a compressible vinyl strip that slides into a groove located on the door jamb)
• If you have a leak at the bottom of the door, you may need to adjust or replace the door sweep.
• Caulk all visible cracks and gaps between non-operable parts of the doors.  Particular areas to watch for are around the door trim & threshold

Windows

• If you have leaks that are coming in around the operable part of the window, you need to correct that with the proper weather-stripping.
• The latches on the windows are not really meant for security, they are meant to hold the window in place against the weather-stripping.
• Caulk all visible cracks and gaps between non-operable parts of the doors.  Particular areas to watch for are around the window trim and especially under the windowsill.
• For older windows that utilize counterbalance weights, they can be retrofitted with Spring-Sash counterbalances allowing those sash boxes to be filled eliminating a major issue in older homes. (In an article later, I will be addressing ways to make these windows basically as energy efficient as the newer ones)

Electrical Outlets

• If you have aluminum wiring or older style knob & tube wiring, call in a licensed electrician
• There are three main ways to seal up a air leaks coming in around outlets
  • If you have a wide enough gap around the outlet box, you can use the expanding foam
  • You can install special foam gaskets that go behind the outlet & switch covers
  • You can also use Painters Caulk – run a bead around the inside of the cover where it meets the drywall approx ¼ by 3/16 wide (personally I suggest you use either of the first 2 options, unless you have older style wiring, then I would only consider using this method if you can’t afford to get your house re-wired)
  • If air is coming out from the electrical outlet itself, you can simply insert some child safety plugs to block it.

Baseboards

• Caulk the top of the baseboard where it meets the wall
• If you have linoleum or ceramic tile floors – you can caulk where the baseboard  meets the flooring
• If you have carpet, floating laminate floors, etc… you will need to seal the leaks from underneath
• Some groups advocating using expandable spray foam or caulking where there is a gap from the drywall to the subfloor – while this can be done before your final flooring is installed, it is not recommended if your flooring is already in place (Especially when you have a ceramic tile, hardwood, or a floating floor installed – you need room for the materials to expand with changes)

Recessed lights and bathroom fans

• We first recommend installing the proper gasket for these fixture
• If there is a gap around the fixture & the recessed light is IC rated, we would recommend you use Fire-Block expanding foam if required
• As a last resort, you can caulk around the inside of the covers from below utilizing a high-temperature flexible caulking.

Depending on the size of the penetration, you can use the appropriate Spray foam or caulking for the following

• Pipe penetrations under sinks
• Electrical and gas service entrances
• Cable TV and phone line penetrations
• Outdoor water faucets
• Medicine Cabinets

Bricks, siding, stucco, and foundation

• If you have a few small cracks you can use an appropriate caulk to fill them
• If you have large cracks, missing sections of mortar, concrete, etc… it would be best to call in a professional
• At the bottom of the brick walls & stucco you may notice some holes – do not fill those, those are weep holes which will allow any moisture that gets behind the covering to escape

Mail chutes

• Unless it is used, I would suggest getting rid of it properly – if it is part of the style of the house, you can still mount a fake cover plate on the outside
• If it is still used, make sure that it securely closes on the proper weather-stripping

Fireplace

• Make sure your damper works properly, if not get it repaired  or replaced
• During the summer months, we would also recommend purchasing and utilizing Chimney Balloon

Other Related Articles

Air Sealing: Benefits, Concerns, & a Basic How-To Find the Leaks
Air Sealing: Materials & Methods for sealing common leaks (Part 1)
Upcoming Article: Sealing your ducts
Upcoming Article: Insulation – A primer on the types available today
Upcoming Article: Insulation – Insulating Your Attic
Upcoming Article: Insulation – Insulating you Crawl Space or Basement
Upcoming Article: Insulation – Insulating Existing Walls

In our prior article on Air Sealing, we covered the benefits, the concerns, and how to find the leaks inside your house. In this first part of this article, we will mainly be dealing with the tools, materials and methods required to air seal your house. In the second part of this article, we will be dealing with tips & tricks on how to seal up the air leaks inside your house & some common ones outside.

Tools & Materials

The basic tools needed simply consist of a ladder, caulking gun, hammer, phillips screwdriver, regular screwdriver, 5 in 1 tool, and a sharp utility knife. The materials required vary on what you need to patch. Some of the popular materials required are; Caulking, Expanding Foam, Weather-Stripping, and Backing Material.

Caulking

Caulking is applied wherever two different materials or parts of the house meet. While there are many different types available, you will want a caulking that is paintable, mildew resistant, elastic, and flexible. These are generally known as siliconized latex caulking. The cheaper “painters” caulking is occasionally acceptable for some interior areas. We do not recommend that you use pure silicone or solvent based caulking.  

• Clean the surface of paint build-up, dirt, and deteriorated caulk with a screwdriver, putty knife, or wire brush. All surfaces should be completely clean and dry before application.
• If the joint to be caulked is larger than 3/16” of an inch, a backer will need to be installed first. (Described below)
• Cut the tip of the caulk nozzle at a 45-degree angle. It is best to cut the hole a little smaller than you think you will need. Insert cartridge into a drip less caulking gun.
•  While holding the caulking gun at a 45-degree angle, slowly squeeze the trigger and push or pull the gun and cartridge evenly along the joint.
  • Most professionals will state that you need to push the gun, but if you take your time you can get just as good results by pulling
  • The bead of caulk should be just wide enough to adhere to both sides of the crack or joint & completely fill it. Apply the caulk in a continuous neat bead.  
  • Lightly moisten your finger or tool you are using and tool the whole joint in one pass. If you are going across tile, you should wipe it on one direction the first time & come back the other way.

Expanding Foam

Expanding foam is commonly used to fill large cracks, holes and openings around pipe and wire penetrations.  They are designed to expand and fill the openings providing a good, tight seal. There are three common types of expanding foam readily available; Regular foam, Low-Expanding foam & a Fire-Block foam. You should read and follow all the manufacturer’s directions. These materials are highly flammable when they are being installed and not something you want to get on or inside you.

• Unless you have a foam spray nozzle – figure out all the area’s you need to hit with each type.
• Clean the areas being filled of anything that might interfere with the foam. I will occasionally blow the holes out with compressed air. All surfaces should be completely clean and dry before application.
• Eliminate any sources of ignition & put on all the applicable safety gear. (Safety Glasses, Gloves)
• Shake can as directed & fill the voids as directed on the can
• Clean up – please refer to the directions (One trick we use is after the foam has dried trim it using a hacksaw blade)

Weather-stripping

If you have leaks that are coming in around an operable door or window, you will need to correct that with the proper weather-stripping. If you have a leak at the bottom of the door, you may need to adjust or replace the door sweep.  Do not waste your money with the self-sticking foam, it generally is not the correct type of too use and will not last long.

Backing Material

Depending on the area’s that need to be filled, you will need more than caulking. If the joint exceeds a ¼ of an inch, you will need some sort of backing material installed like a foam-backing rod or expanding spray foam. In some cases, you may need to use foam board, fiberglass or some other sort of material to block the air. If you do use cotton or fiberglass insulation as a blocking material, it needs to be packed densely to prevent airflow through the fibers. We would recommend against using this material though as there are generally better options available.

Other Related Articles

Air Sealing: Benefits, Concerns, & a Basic How-To Find the Leaks
Air Sealing – Materials & Methods for sealing common leaks (Part 2)
Upcoming Article: Sealing your ducts
Upcoming Article: Insulation – A primer on the types available today
Upcoming Article: Insulation – Insulating Your Attic
Upcoming Article: Insulation – Insulating you Crawl Space or Basement
Upcoming Article: Insulation – Insulating Existing Walls

You know it really is a beautiful day outside and all I have to do today is a final polishing on two articles that I want to get posted on the HRC. The kids are back in school today, the wife’s out and my next project does not start for a few days – nothing can stop me now… Nevertheless, that all gets squashed with a simple email which not only affects me but every contractor in the State of Alabama.

If you remember in the 67 days and counting article, I came across a site that listed the current status of many states RRP compliance and was surprised to see our state listed as “Pending” with a ruling expected by the end of this month. I pulled a quick check of not only the Alabama Department of Public Health’s site (The agency in charge of the Lead programs in Alabama), but also the legislatures. Needless to say nothing was on their sites and not only did I ask the following questions in the blog article, but I sent an email with basically the same questions to the ADPH.

So what happens in this state if Alabama all of a sudden takes over the program? Will the prior required training certificate work? What about the firm certification form and money already sent “in good faith”? How about all the other states that are listed or are working on this program? Are there any other states that we do not know about? How about providing those of us trying to comply with your regulations, some legitimate information?

From the Alabama Department of Public Health

The rules/regulation go before the State Board of Health for review  tomorrow (February 17, 2010).  If the State Board of Health approved the rules, the next step is they must go through a public comment period.  If all goes well we hope our regulation will go into affect sometime in May.

Well that’s just great, I can sense my day going downhill quick and they did not really answer my questions, so I repeated them and I actually got a phone call back. For a regulation going before the board, there were quite a few unknowns in there. Basically, they were not sure if they will honor any training done under the EPA’s program (grandfathered in). The only thing they were clear on is that training must be done through the State’s Safe State Program that is administered through UAB.

Well, how about the Firm Certification? Well according to them, you need to be certified by the EPA as there program will not be out in time. They may grant you a 6 month to 1-year reprieve on registering with the State though. They are looking at charging $600 for a 5 year State Certification which is 2X the cost of the Federal Cert, but they are not sure yet. Therefore, as a remodeling contractor, we not only get to pay the Feds $300 for the privilege of working for a month or two, but then we get to turn around and fork over twice that amount to the State for a rushed program.

Back to the training part, it gets worse – per an email from the “Safe State” program:

We have applied or EPA accreditation for the new Lead RRP Course. Based on what we hear back from EPA on our approval, we will be able to set a price for that course.  We plan on doing one or two of these classes a month for a while here on campus in Tuscaloosa.  We will also be able to do contract classes for people who request them at their facilities.  We hope to get EPA approval within the month and start classes in March.

The class you just took in Indianapolis is good for EPA States for five years. When the State of Alabama takes over this Lead RRP Program from EPA, they will have to determine how long they will grandfather that training in for.  Also, once Alabama takes over this program from EPA, training PROVIDERS like the University of Alabama, will have to apply to Alabama, etc to be recognized and there will be (hopefully) a grandfathering time in for that also.

While I do not know exactly how many contractors are in the State of Alabama, I can guarantee you that two classes a month would take probably a decade to get everyone required “Trained & Certified”.  What is up with not only the EPA rushing a regulation through, but now our State is also doing the same thing? Do they not realize that not only are they screwing over legitimate contractors but they will also be fulfilling their own warning of “unintentionally driving up demand for non-compliant renovation projects?”

I strongly encourage that everyone should contact their local Senator and Representative today. It would be nice if we can either get this rushed proposal dropped and leave it with the EPA for at least a year or two, or at least force them to make it fair to all the legitimate contractors out there that have complied with the government mandate. Well it appears that the fun has only just got started and as I get more information, I will keep you informed. If you have any relevant information or items that may be of interest – feel free to leave a comment or shoot me an email.

P.S. – to add insult to injury it appears, I just got our Firm Certification in the mail. Nice timing…

I am sure you have heard this popular legal mantra, that “Ignorance of the law is no excuse.”  Really, so what might happen if a regulatory agency does not inform the public that such a regulation exists? Well, according to one agency’s own internal documents; “If the regulation is not accompanied by education efforts and enforcement, then we could unintentionally drive up demand for non-compliant renovation projects.”

Did you know that Executive Order 12866 calls for three findings to justify the need for a federal regulation? First, there must be a description of the market failure or social purpose that can be met via the regulation. Secondly, there should be an explanation of why the regulation should be carried out at the federal level. Finally, there should be a discussion of why the current regulatory initiatives are not sufficient to correct the market failure.

So when the first criteria is met due to “Incomplete/Incorrect Information…” and it will be corrected by: “by providing information to the consumer and contractor about the risk associated…“ you would expect that said agency  would make sure that informing the public would be one of its primary focus. Well, here we are counting down to one of the biggest regulations to hit the pre-1978 housing market and still hardly anyone knows anything about it. The most optimistic survey I have seen shows that maybe 20% of all the affected contractors even have a clue about it. Homeowners, realtors and other affected parties – maybe 1% do. How about those that know about the regulation, or are supposed to train people on it? Well I can honestly tell you that pure confusion reigns due to bad information, personal agendas, etc…

The agency in charge of this fiasco – The EPA

The new regulation – Title 40 Part 745 — LEAD-BASED PAINT POISONING PREVENTION IN CERTAIN RESIDENTIAL STRUCTURES

I have covered many of the basics in these articles on the EPA RRP Rule. Two of the biggest items are that one individual must be trained as a Certified Lead Renovator and that any firms wishing to work on pre 1978 homes has to become a Certified Firm. The Certified Firm is a major issue, because if you are not certified come April 22^nd, you cannot work in or sign a contract on a pre-78 house (even if the project was under way). One item mentioned on the EPA’s site repeatedly is that it could take up to 90 days to get your firm certified.

I remember reading on the EPA’s site, and hearing it from a few instructors that no other state besides Wisconsin was close to becoming certified by them. So everyone except for firms located in Wisconsin needed to register as a certified firm. Based on that information and a quick check back then of all applicable Alabama government websites, (which showed no action or knowledge of it) we sent in our Firm Certification back in during December. About 3 weeks ago, we are reading about North Carolina & Iowa all of a sudden being certified, with no mention of any other states being close. Imagine my surprise this morning when I come across this site: http://www.healthyhomestraining.org/RRP/State.htm where it has our state listed as Pending with a ruling expected by the end of this month.

So what happens in this state if Alabama all of a sudden takes over the program? Will the prior required training certificate work? What about the firm certification form and money already sent “in good faith”? How about all the other states that are listed or are working on this program? Are there any other states that we do not know about? How about providing those of us trying to comply with your regulations, some legitimate information?

While we are at it, how about you release the true costs for the homeowners and contractors that abide with this? The first cost estimates you released stated it would only add about $35 to the cost of a job. Then all of a sudden when most of us scoffed at this price, you come up with a range from $8 to $167 a job. What is hilarious is apparently you forgot about the Freedom of Information Act & that we can go back and look at your original documents like this one http://www.epa.gov/oppt/economics/pubs/lrrpnprmea.pdf. Based off your fuzzy math using 2005 numbers – it was figured that the containment costs per job would run anywhere from $22.67 to $527.89 per job using “flexible work practices” not the harder prescriptive methods you have imposed. I can guarantee you that the $22 number is still too low based on just the paperwork and homeowner education aspect.

Can you explain to everyone why your only approved test kit is “not recognized” for testing drywall or plaster? You do realize that this is a NIST certified product that exceeds your requirements? How do you even start to justify this?

Why did you change your original proposal that originally called for a two-phase roll out? Why was the rollout pushed so fast? Your original requirements showed that it would take a year using 168 training companies to provide the needed training for half the appropriate individuals (2-phase rollout). So why is it that once training was allowed to start, you have only allowed 6 months for training, and have only certified 133 firms to date? So how about it everyone, care to take a step back, answer the questions, and get this program rolled out in a more sensible manner? How about giving the states that wish to take over this program, the time required to do so?

Maybe we need an Executive Order that states that those that come up with said rules, regulations and laws must adequately inform and educate the public about them along with any changes made after the fact.

My .02,

Sean Lintow Sr. – Owner
SLS Construction