Steve Hoffacker's Sales Quips

NAHB has been challenging the EPA since they decided to remove the opt-out provision of the Lead Paint rule - a rule that never should have been passed in the first place. EPA is making laws. Congress is nowhere to be found.

The NAHB challenged the EPA but ended up going to the DC Circuit Court to argue their case.

The Lead Paint rule affects so few Americans yet has been implemented at a huge cost to remodelers, trade ontractors, and homeowners. Ignoring the rule carries a huge 5-figure daily fine if caught.

The opt-out rule would not save the remodelers or contractors any money because they woulld still need to be registered with the EPA after taking a $300 course and paying a $300 license fee.

What the provision would do is save the homeowners from a lot of the testing, mess, and paperwork - plus the added cost that goes along with the mandated extra provisions.

The opt-out existed from the time the rule went into effect in April of this year until July 1st. It allowed - in all homes built in 1977 and earlier (even if no lead paint was used) - for the homeowner to affirm that no children under 6 or pregnant women resided in the house or visited it on a regular basis - thus making the provisions of the Lead Paint rule inapplicable for that home.

Too early to tell, but it sounds like the EPA found at least one sympathetic ear on the bench.

Congress, do your job and nix the whole thing - EPA and all.

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For more information on my coaching and educational programs and services, visit my website or go to my other blog "Steve Hoffacker's Home Sales Insights" for additional sales tips, insights, and commentary. Listen to my free podcast messages at "Steve Hoffacker's Happenings."

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Podcaster, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entrepreneurs, Small Business Owners, and Independent Sales Representatives.

© Steve Hoffacker, 2011. All Rights Reserved.

It seems that the $600 you spent to get certified and registered with the EPA to work in 1977 and earlier homes is now going to pay off.

If you are a remodeler, contractors, or building trade (electrician, painter, plumber, carpenter) and happen to be working on your own or through another contractor on any home built prior to 1978 homes, you should already have your certication with the EPA under the "Lead: Renovation, Repair, and Painting" rule. If not, get it now!

The EPA is stepping up its enforcement of this rule and particularly looking for uncertified contractors (per this rule) or those sloppy with keeping and filing out the right paperwork. Fines are very stiff.

While the incidence of lead paint is very slight, the penalties for ignoring this rule are huge. If in doubt, assume any structure built prior to 1978 has lead present even though many do not.

Better safe than sorry while this rule remains in effect.

Realtors and homeowners should know that this rule adds several hundred dollars to any remodeling job just for the compliance.

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For more information on my coaching and educational programs and services, visit my website or go to my other blog "Steve Hoffacker's Home Sales Insights" for additional sales tips, insights, and commentary. Listen to my free podcast messages at "Steve Hoffacker's Happenings."

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Podcaster, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entrepreneurs, Small Business Owners, and Independent Sales Representatives.

© Steve Hoffacker, 2011. All Rights Reserved.

The new EPA regulation on lead paint is now said to be more expensive and more cumbersome to comply with than they envisioned. it is described by the Chair of the NAHB Remodelers as "a classic case of good intentions resulting in unintended consequences." Doesn't that summarize most everything the government tries to do. They don't look at the bigger picture. They don't look at all the ramifications. They don't run out the scenarios. Are we surprised?

Then, it is thought that the intent of the rule will be largely circumvented as homeowners opt to not employ EPA-certified contractors because of the cost and do the work themeselves or not do it at all.

This was a bad rule from the moment it was first considered. NAHB is lobbying to have the opt-out provision put back in - again effectively bypassing the rule by having everyone opt out of it. By the way, where is NAR on this since new homes are not impacted anyway?

Whenever government dreams up another rule we can be sure that it will have unintended consequences, that it will be more expensive that they project, and that it will be unnecessary in the first place.

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For more information on my coaching and educational programs and services, visit my website stevehoffacker.com, or go to my other blog homesalesinsights.com for additional sales tips, insights, and commentary. Listen to my free podcast messages at Steve Hoffacker's Happenings.

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entrepreneurs, Small Business Owners, and Independent Sales Representatives.

© Steve Hoffacker, 2010. All Rights Reserved.

NAHB has part of a good idea. They are filing suit against the EPA for removing the "opt-out" provision from the Lead Paint Rule. This means that a lot of wasted time, money, and paperwork are going to be involved complying with the Rule when often it is not necessary.

The "opt-out" Rule which was removedthe beginning of  last week, allowed - and would allow again if reinstated - a homeowner to stipulate that no pregnant women or children under 6 resided (for more than 2 days a week) in the pre-1978 home. Without this, needless compliance will happen- at a tremendous expense and inconvenience.

NAHB stopped too soon. Rather than just suing for reinstatement of the "opt-out" they should have sued for repeal of the Rule. So should the NAR. After all, it's existing homes that are remodeled, not new ones.

For decades, homes with lead paint have been renovated. Now, it's a crime to do so without proper certification and hazmat suits? Studies have shown that the little amount of lead particles that become airborne are not a significant health risk. The EPA so much as admits that with the "opt-out" provision they originally included.

More useless regulation. This is an easy one to fix.

Cut out the regulation, cut out the $300 classes and $300 registration fees, refund everyone who already has paid either or both, furlogh all the people at EPA associated with this program, and cut the budget of EPA. This is positive progress toward fiscal responsibility..

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For more information on my coaching and educational programs and services, visit my website stevehoffacker.com, or go to my other blog homesalesinsights.com for additional sales tips, insights, and commentary. Listen to my free podcast messages at Steve Hoffacker's Happenings.

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entreprenuers, Small Business Owners, and Independent Sales Representatives.

Photography displayed is original composition and artistic expression of Steve Hoffacker, and as such is copyrighted. Photos are as taken and have not been cropped, edited, or enhanced in anyway.

© Steve Hoffacker, 2010. All Rights Reserved.

The EPA announced that it is relenting on its enforcement of the new lead paint rule until October 1st, but it is not repealing them as I had hoped.

Still, this gives us a few more months without worrying about compliance.

If you are a remodeler or anyone dealing with pre-1978 resdiences (soon to be commercial as well) and you might disturb more than a 6 square foot area of paint (even if it's not immediately known if it's actually lead paint or not), you need to be certified to protect yourself.

Anyone registered for the course prior to September 30 has until December 30 to actually take the course.

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For more information on my coaching and educational programs and services, visit my website stevehoffacker.com, or go to my other blog homesalesinsights.com for additional sales tips, insights, and commentary. Listen to my free podcast messages at Steve Hoffacker's Happenings.

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entreprenuers, Small Business Owners, and Independent Sales Representatives.

© Steve Hoffacker, 2010. All Rights Reserved.

The EPA justs keeps nibbling away at our freedoms - under the guise of safety.

On April 22, the Lead Paint Rule went into effect. We knew it was coming so it was no surprise. It's just so unnecessary, and such a money maker for them. At over $600 per person to take the one-day certification course and apply for certification, times the number of remodeling, painting, plumbling, electrician, installers, and other trades, and that's a lot of money.

They already made one change. I expect several more. Effective next month, homeowners can't waive the rule by signing a statement saying that there are no children under 6 or women who are pregnant in the home. Now, it applies to all pre-1978 homes regardless. I'm sure they would like to to apply it to all homes, but lead paint was banned after 1978. (Gee, do you suppose some of it still got used after that date?)

Now, they are proposing that this apply to all commercial buildings built before 1978 as well.

It's not a stretch for me to believe that they are going to prohibit homeowners from doing their own work - that they will have to use a certified contractor.

Mind you, the rule applies to any work in the home that disturbs more than 6 square feet of paint on the inside (that's 2' x 3' or the size of cabinet) or 20 square feet on the outside (4' x 5' or roughly the size of an exterior door at 3' x 6'8").

I am intrigued by the magical April 22nd date. Was it OK to disturb as much lead paint as you wanted before then, but now it's so dangerous that it requires certified contractors in hazmat suits and repirators?

I also can foresee Realtors being required to have a lead paint inspection before a pre-1978 home can be listed or sold.

Apparently there are lead poisoning issues in this country - but it comes from peeling paint and other issues that will not be resolved by this expensive, out-of-control, only-to-get-bigger-and-bigger EPA program. Those are environmental issues that exist in the home and likely will until every single, pre-1978 in America is either razed or repainted with latex paint (low VOC, if you like).

We have Dick Nixon to thank for the EPA, and Congress for allowing it to continue to exist. You did know that the EPA is now going to be taxing carbon emissions even though Congress has not authorized it? Even though it is based on faulty science?

The regulations just keep on growing.

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For more information on my coaching and educational programs and services, visit my website stevehoffacker.com, or go to my other bloghomesalesinsights.com for additional sales tips, insights, and commentary. Listen to my free podcast messages at Steve Hoffacker's Happenings.

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entreprenuers, Small Business Owners, and Independent Sales Representatives.

© Steve Hoffacker, 2010. All Rights Reserved.

In the latest example of government insensitivity and regulations gone amok. the EPA has refused any type of relief to homeowners and contractors in western Tennessee - recently ravaged by floods.

The new Lead Paint rule which went into effect on April 22nd will not be violated, extended, or relaxed.

EPA has ruled that even though relief efforts, repairs, and rebuilding will be hampered, slowed, and more costly by enforcing the lead paint rule, they really don't care. A rule is a rule.

The NAHB and the HBA of Tennessee have tried in vain to get the provisions relaxed or waived.

Nothing has really changed except that a few weeks ago the repairs to pre-1978 homes could have been made. Now, the same repairs are illegal. These are not elective repairs where a person has time to choose a certified contractor and comply with the requirements. These are emergency repairs and rebuilding to put homes back together.

I question the need for the rule to begin with. It is afterall more government regulation for something that was not an issue anyway. We've gotten by all these years without it. Now it's the law of the land, and only a small percentage of contractors and remodelers have gotten certified to date.

This rule needs to be shelved immediately for Tennessee. Then we'll get it pulled for the rest of us.

It is a cash cow for the EPA with upwards of $600 per person for the training and registration - plus excessive paperwork and compliance requirements - and a daily penalty of $32,500 for doing work while not being certified.

Sen. Lamar Alexander (TN) and Sen. Susan Collins (ME) are working to restrict EPA's enforcement. They should just repeal it.

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For more information on my coaching and educational programs and services, visit my website stevehoffacker.com, or go to my other blog homesalesinsights.com for additional sales tips, insights, and commentary. Listen to my free podcast messages at Steve Hoffacker's Happenings.

Steve Hoffacker - Consultant, Coach, Author, Blogger, Photographer, Motivator, Teacher, & Strategist - for Realtors, Real Estate Sales Professionals, Home Builders, New Home Salespeople, Entreprenuers, Small Business Owners, and Independent Sales Representatives.

© Steve Hoffacker, 2010. All Rights Reserved.