I’m not a lawyer and I sure ain’t a politician; I’m a carpenter. But I have always been curious about how construction laws work. Some I’m not even sure are technically classified as laws but possibly just rules and regulations. Specifically, those pertaining to the EPA’s new RRP/Lead paint requirements.
Now, I think I understand the idea behind the governance of Building Codes: a list of non-mandatory standards that are adopted and enforced by local government on a pick and choose basis. It seems like the code book is issued as a suggestive list of laws that are just pre-written for legislators to choose amongst. I became more aware of how this worked with the controversy over the implications of possible new energy efficiency standards and sprinkler requirements in the upcoming codes. Still the overall method of who and how those individual codes is chosen as well as how far reaching those codes may be is a bit hazy to me.
Less understood is the concept of how regulatory agencies like the EPA and OSHA are able to think up new ‘laws?’ and get them to pass seemingly so easy. Does the EPA have free range to make such laws? Is there some process of federal, state, and local government approval to implement these laws? How do their new laws stand up in court – if and when they get to that point?
I’m not here to debate the pros and cons of EPA or OSHA regulations. I’m logical enough to realize that nobody likes having regulation affect the course of their niche manner of creating income. What I may see as a ‘dumb law’ regulating the safety of lead paint dust probably seems just as important to legislators and general public as FDA regulations concerning what may or may not be considered a safe hot dog. I get that, and I am happy that I don’t feel the need to question the safety of hot dogs because of those regulations.
But, on the other hand, since I do feel that the lead paint regulations and many other construction laws (ADA) are over the top I would like to get a better understanding of what can be done to stand up to them or at least use my voting power to make my opinion stated in the future.
Like I said, I’m just a carpenter. But I have been around BT long enough to know there are plenty of lawyers, legal minded individuals, and maybe even a few politicos on this forum that I might get some good information concerning this matter to help all of us confused homebuilding professionals.
DC
Replies
A brief explanation
In regard to the building codes
For most areas they are generated by the International Code Council. The legislature, or other elected officials at the state or local level, and who has the authority varies from state to state. In some states, the authority is local, in ohters the State Legislature has reserved the right as their own. I'm in Idaho, the local entitities don't control the electircal code, the state building department does, and does all the inpsections.
So at some level the elected officials pass a statute that references the codes by edition, and thus they become law. The elected officials have the right to exclude any part, and mix and match as they see fit. For example they can decide they want to use the National Electrical Code, and not the International Electrical Code. Or, they can elect to enforce more stringent codes written by their own building department.
At the Fedral level it is a bit more confusing. Congress passes legislation, stating what they want done, and then the Executive branch agencies are charges with developing the actual regulations, and publishing them in the federal register. After the public comment period, they edit as necessary, and then publish the final regualtion. In the case of the EPA/HUD rules for lead based paint, Congress gave them direction to reduce the level of lead exposure in children. So they developed and published the LBP rules. The thing a lot of folks don't understand is it is only applicable if there is a federal nexus, that gives them the opening. So it doesn't necessarily apply to a private home, expcept if it is rented to some one recieving assistance, or the financing goes through, FanniMae, or FreddiMac, or HUD underwrites the mortgage insurance, or.... So, since the government is involved in nearly everything, it generally applies.
Congress gave OSHA the charge of identifying and mitigating work place hazards. OSHA determined that lead is hazardous to your health, and developed regualtions on lead exposure. The OSHA lead compliance is a lot more onerous than the EPA/HUD regulations, but since most of us haven't been really exposed to what those requirements are contractors aren't as concerned about those as they should be. Take the access panel off to get to the sash weight of an old window, and if there is lead based paint OSHA says you have to have amonitoring program, and personal protective equipment.
And in general federal regulations go through a long (one might say protracted) public comment process where all "interested parties" (which, alas, usually means "special interests") get to provide their input (and twist arms at various levels). It's not perfect, but it's far from rule by fiat.
And in general federal regulations go through a long (one might say protracted) public comment process where all "interested parties" (which, alas, usually means "special interests") get to provide their input (and twist arms at various levels). It's not perfect
So true--and these usually are people who get paid to push their interests forward, but who will not have to pay for putting the rules into practice.
Those who will bear the expense often have no idea of what's being considered until it's too late.
Not saying it's always bad, but the new RRP rules on lead abatement seem burdensome way beyond the risk/benefit potential of the problem.
"Those who will bear the
"Those who will bear the expense often have no idea of what's being considered until it's too late."
IIRC anyone can comment on the proposed regulations etc. the hard part is watching the federal register for what you are intereste in. believe there is a web copy available. also IIRC it is published daily, ie something new every day