Insurance agents may be more inclined to sell Pollution assurance in 2010 now that the 2008 Epa Lead Rule will come to be productive on April 22, 2010. Contractors performing work on buildings constructed before 1978 will be required to abide by the Epa Lead-Based Paint Renovation, heal and Painting (Rrp) Rule. The regulation creates more responsibility/awareness from the undertaker of a package deal in dealing with potentially hazardous areas. As a result, the undertaker of a package deal may incur more exposure to lead-based paint claims, which is excluded under most general Liability policies.
The Rrp Rule is a federal Epa program that affects contractors, property managers, and others who disturb qualifying interior and covering painted surfaces. Remodeling, maintenance, painting/surface preparation, window replacement, electrical, plumbing, and carpentry activities are subject to the program rules. Exceptions comprise accident heal work, minor heal work that disturbs less than 6 square feet of paint per room, and housing declared lead free by a certified lead inspector. Types of properties affected by the program comprise pre-1978 schools, daycare centers, residential homes, and apartment buildings.*
Beaconhill
Currently painters, electricians, Gcs, carpenters, property managers, and maintenance contractors are being required to provide pre-renovation educational lead pamphlets to tenants, receive delivery confirmation, and post signs about the workplace.
Effective April 22, 2010, renovators must attend an eight-hour training course by an Epa approved training supplier and the firms they work for must also be accredited. Training classes address dust and debris containment, restricting open flame burning, exhaust control for power tools and clean up procedures, narrative keeping, and other precautionary measures. The accreditation must be renewed every five years. Other state and local requirements may also apply and be more stringent.
Insurance Issues
The Epa is broadening renovators' responsibilities beyond the scope of a general undertaker of a package deal and general Liability policy. While contractors always have a Pollution exposure, the new Epa requirements increase the risk for Pollution liability claims. The new rule requires renovators to achieve lead testing, encapsulation, and cleaning activities. It also requires the undertaker of a package deal to educate property owners/residents about the dangers of lead and the work to be performed.
A typical Iso Gl course ordinarily excludes any meaningful Pollution coverage under exclusion "F" in the course form. Most often a accepted carrier will endorse an absolute pollution exclusion where they realize heightened exposures. Stand alone Contractors Pollution Liability (Cpl) policies are available for renovation contractors. The coverage provides third party corporeal injury/property damage, defense, and remediation clean up coverage for their contracting operations.
Many excess and surplus lines assurance fellowships are gift on both a claims made and occurrence basis. Minimum course limits ordinarily start at million with premiums in the ,500 - ,000 range. While the intent of the course may be the same, coverage can vary tremendously in the middle of carriers. Be sure to receive a specimen course when determining which coverage to purchase.
Renovation contractors should not only be aware of the current Epa regulations, but also how their changes in operations influence their current assurance programs. It is the agent's accountability to clue contractors of the added risk and need for additional insurance. For the most current data on the Rrp Rule please visit the Epa website.
Contractors Take Note - The Epa's New 'Renovation, repair and Painting' Rule
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